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. 6901 May 21, 1996 EMERGENCY MEDICAL SERVICES: Licensing of emergency medical services personnel The Community Public Health Agency may not charge an applicant for emergency medical services certification an additional fee to cover the cost of the written examination in addition to the fee prescribed in section 20950(6)(b), (c) and (d) of the Public Health Code. The Community Public Health Agency may not waive the requirement for a practical examination when it receives from the institution providing the education program to the applicant for emergency medical services licensure a quality assurance statement attesting that the applicant has successfully demonstrated the correct technique and adequate skills to provide the patient care required under the license. Honorable Christopher D. Dingell State Senator The Capitol Lansing, Michigan You have asked two questions regarding the licensing of persons providing emergency medical services by the Community Public Health Agency (1) under the Public Health Code, 1978 PA 368, Part 209, MCL 333.20901 et seq; MSA 14.15(20901) et seq. Your first question is whether the Community Public Health Agency may charge an applicant for emergency medical services certification an additional fee to cover the cost of the written examination in addition to the fees prescribed in section 20950(6)(b), (c) and (d) of the Public Health Code. In section 20950(6)(b), (c) and (d) of the Public Health Code, the Legislature has prescribed the examination fees to be paid by applicants for emergency medical services licensure as follows: Except as otherwise provided in subsection (8), an applicant for licensure under this section shall pay a fee for examination or reexamination as follows: (b) Emergency medical technician -- $40.00 (c) Emergency medical technician specialist -- $60.00 (d) Paramedic -- $80.00 This office has been informed that the emergency medical services written examinations are held at various locations and in various types of facilities throughout the state. The applicants sitting for the examination, in some instances, are assessed or charged a fee to help defray the rental, lighting and heating expenses for the room used to administer the written examination. This fee is in addition to the license fee that the applicant pays as required by section 20950(6)(b), (c) and (d) of the Public Health Code. Section 20950(6)(b), (c) and (d) are clear specific provisions fixing the fees imposed for taking the examinations or reexaminations for emergency medical technicians, emergency medical technician specialists and paramedics. The Legislature did not authorize the imposition of an additional fee depending upon the location where the examination is administered. See People v Decker, 141 Mich 304, 309; 104 NW 615 (1905). There is no indication in the statute that a higher fee may be imposed if the examination is given at a location entailing higher administrative expenses. Cf., OAG, 1991-1992, No 6732, pp 180, 181 (September 22, 1992), which concluded that a private firm under contract with the Department of Commerce to perform cosmetology examinations could not charge an examination fee in excess of the amount prescribed in section 25 of the State License Fee Act. It is my opinion, therefore, in answer to your first question, that the Community Public Health Agency may not charge an applicant for emergency medical services certification an additional fee to cover the cost of the written examination in addition to the fee prescribed in section 20950(6)(b), (c) and (d) of the Public Health Code. Your second question asks whether the Community Public Health Agency may waive the requirement for a practical examination when it receives from the institution providing the education program to the applicant for emergency medical services licensure a quality assurance statement attesting that the applicant has successfully demonstrated the correct technique and adequate skills to provide the patient care required under the license. In section 20950(2)(a)-(d) of the Public Health Code, the Legislature has set forth the requirements for emergency medical services licensure as follows: Except as provided in subsection (4), the department shall issue a license under this section only to an individual who meets all of the following requirements: (a) Is 18 years of age or older. (b) Has successfully completed the appropriate education program approved under section 20912. (c) Has attained a passing score on the appropriate department prescribed written and practical examinations. (d) Meets other requirements of this part. [Emphasis added.] This office has been informed that the Community Public Health Agency has ceased conducting the practical examination. In its place the agency requires and relies on a quality assurance statement provided to the applicant by the facility that conducted the applicant's education program. The statement attests that the applicant has successfully demonstrated both knowledge of the correct techniques and possession of the essential skills to adequately provide emergency medical services encompassed within the terms of the license. The agency considers this statement to be verification that the applicant is capable of passing the practical examination of the agency, and thus, it is not necessary for the applicant to take that practical examination. The agency only requires the applicant to take the agency's prescribed written examination. When the Legislature has used clear and unambiguous language to express its intent, that plain meaning controls and no further interpretation is warranted. Owendale-Gagetown School Dist v State Bd of Education, 413 Mich 1, 8; 317 NW2d 529 (1982). Here, the clear language of section 20950(2)(c) of the Public Health Code requires the emergency medical services licensure applicant to pass the agency prescribed practical examination. There is no statutory authority for the agency to waive taking its practical examination. This does not mean that the Community Public Health Agency must administer its practical examination. Under section 2226(c) of the Public Health Code, the Community Public Health Agency may "contract ... with governmental entities or other persons necessary or appropriate to assist the department in carrying out its duties and functions." Consistent with this language, the agency may contract with either a governmental or private entity to administer its practical examination in accordance with instructions by the agency as to the correct emergency medical services procedures and skills that must be used and demonstrated by the applicant to pass the practical examination. It is my opinion, therefore, in answer to your second question, that the Community Public Health Agency may not waive the requirement for a practical examination when it receives from the institution providing the education program to the applicant for emergency medical services licensure a quality assurance statement attesting that the applicant has successfully demonstrated the correct technique and adequate skills to provide the patient care required under the license. Frank J. Kelley Attorney General (1)