(a) No person or public agency shall advertise itself as,
or hold itself out as, providing emergency medical services, by
using in its name or advertising the word "emergency," or any
derivation thereof, or any words which suggest that it is staffed and
equipped to provide emergency medical services, unless the person or
public agency satisfies one of the following requirements:
(1) Is a general acute care hospital providing approved standby,
basic, or comprehensive emergency medical services regulated by this
(2) Meets all of the following minimum standards:
(A) Emergency services are available in the facility seven days a
week, 24 hours a day.
(B) Has equipment, medication, and personnel experienced in the
provision of services needed to treat life-, limb-, or
(C) Diagnostic radiology and clinical laboratory services are
provided by persons on duty or on call and available when needed.
(D) At least one physician who is trained and experienced in the
provision of emergency medical care who is on duty or on call so as
to be immediately available to the facility.
(E) Medical records document the name of each patient who seeks
care, as well as the disposition of each patient upon discharge.
(F) A roster of speciality physicians who are available for
referral, consultation, and speciality services is maintained and
(G) Policies and procedures define the scope and conduct of
treatment provided, including procedures for the management of
specific types of emergencies.
(H) The quality and appropriateness of emergency services are
evaluated at least annually as part of a quality assurance program.
(I) Provides information to the public that describes the
capabilities of the facility, including the scope of services
provided, the manner in which the facility complies with the
requirements of this section pertaining to the availability and
qualifications of personnel or services, and the manner in which the
facility cooperates with the patient's primary care physician in
(J) Clearly identifies the responsible professional or
professionals and the legal owner or owners of the facility in its
promotion, advertising, and solicitations.
(K) Transfer agreements are in effect at all times with one or
more general acute care hospitals which provide basic or
comprehensive emergency medical services wherein patients requiring
more definitive care will be expeditiously transferred and receive
prompt hospital care. Reasonable care shall be exercised to determine
whether an emergency requiring more definitive care exists and the
person seeking emergency care shall be assisted in obtaining these
services, including transportation services, in every way reasonable
under the circumstances.
(b) Nothing in this article shall be construed to require the
licensing or certification of any person or public agency meeting the
minimum standards of paragraph (2) of subdivision (a), nor to exempt
from licensure those health facilities covered by paragraph (1) of
(c) Nothing in this article shall be construed to:
(1) Prohibit a physician in private practice, an outpatient
department of a general acute care hospital whether located on or off
the premises of the hospital, or other entity authorized to offer
medical services from advertising itself as, or otherwise holding
itself out as, providing urgent, immediate, or prompt medical
services, or from using in its name or advertising the words "urgent,"
"prompt," "immediate," any derivative thereof, or other words which
suggest that it is staffed and equipped to provide urgent, prompt, or
immediate medical services.
(2) Prohibit prehospital emergency medical care personnel
certified pursuant to, or any state or local agencies established
pursuant to, this division, or any emergency vehicle operating within
the emergency medical services system from using the word "emergency"
in the title, classification, or designation of the personnel,
agency, or vehicle.
(d) Any person or public agency using the word "emergency" or any
derivation thereof in its name or advertising on January 1, 1987, but
which would be prohibited from using the word or derivation thereof
by this article, shall have until January 1, 1988, to comply with