The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)


STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5571

September 28, 1979

PUBLIC HEALTH CODE:

Presence of attendants and emergency medical technicians in ambulance

AMBULANCE:

Presence of attendants and emergency medical technicians in ambulance

The Public Health Code requires the presence of an attendant and an emergency medical technician in the patient compartment of an ambulance while transporting a patient.

The Honorable Nick H. Smith

State House of Representatives

The Capitol Building

Lansing, Michigan 48933

You have requested my opinion as to whether the law requires that more than one ambulance attendant be present in the patient compartment of an ambulance.

The Public Health Code, 1978 PA 368; MCLA 333.20302(3); MSA 14.15(20302)(3), defines 'attendant' to mean:

'. . . an individual who has completed the advanced first aid and emergency care course conducted by the American red cross or an equivalent course approved by the department and who is licensed by the department or an individual approved under section 20369(e).'

Section 20335(1) of the Public Health Code provides that at least one 'attendant' be present in the patient compartment while transporting a patient. It states:

'An ambulance shall not be operated and a person shall not operate, attend, or permit an ambulance to be operated while transporting a patient unless 1 or more attendants are in the patient compartment.' (Emphasis added)

In addition to the required presence of an 'attendant' in Sec. 20335(1), the Public Health Code further states at Sec. 20335(2):

'After 1978, an ambulance shall not be operated, and a person shall not operate, attend, or permit an ambulance to be operated, while transporting a patient unless 1 or more emergency medical technicians and 1 attendant are in the ambulance. The emergency medical technician shall be in the patient compartment while transporting a patient. An exemption from this subsection may be granted pursuant to section 20336.' (Emphasis added)

The definition of 'emergency medical technician' is set forth in Sec. 20304(3) of the Public Health Code. It provides as follows:

"Emergency medical technician' means an individual who has completed a department approved emergency medical technician-ambulance course meeting at a minimum the recommendations and guidelines of the United States department of transportation or an equivalent course approved by the department of public health and who is licensed by the department or an individual approved under section 20369(e).'

Thus, 'attendants' and 'emergency medical technicians' are recognized as separate and distinct health professionals.

In addition, Sec. 20336(3) and (4) of the Public Health Code states:

'(3) The regional emergency medical service advisory council, upon determination that the demonstration of the inability to comply is valid, shall petition the department to exempt the ambulance operation from the subsection with which the ambulance operation is unable to comply. The petition shall specify the subsection for which an exemption is required and shall specify the reasons the exemption is required. Upon receipt of the petition, the department shall exempt the ambulance operation from the provisions of the designated subsection for 1 year.

'(4) An exemption from section 20335(2) does not permit an ambulance operation to be operated with less than 2 attendants.'

The meaning of these provisions is clear and effect must therefore by given to each of them. Lee v Employment Security Commission, 346 Mich 171; 78 NW2d 309 (1956).

It is therefore my opinion that the law mandates the presence of an attendant and an emergency medical technician in the patient compartment of an ambulance while transporting a patient.

Frank J. Kelley

Attorney General