§ 131E-158. Credentialed personnel required; temporary waiver of requirements during an emergency.

559 words·~3 min read·/nc/chapter-131e/131e-158

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Every ambulance when transporting a patient shall be occupied at a minimum by all of the following:

(1)At least one emergency medical technician who shall be responsible for the medical aspects of the mission prior to arrival at the medical facility, assuming no other individual with higher credentials is available.

(2)One emergency medical responder who is responsible for the operation of the vehicle and rendering assistance to the emergency medical technician.

An ambulance owned and operated by a licensed health care facility that is used solely to transport sick or infirm patients with known nonemergency medical conditions between facilities or between a residence and a facility for scheduled medical appointments is exempt from the requirements of this subsection.

(a1)In the event of a declaration of a state of emergency by the Governor in accordance with Article 1 of Chapter 166A of the General Statutes, a declaration of a national emergency by the President of the United States, a declaration of a public health emergency by the Secretary of the United States Department of Health and Human Services, or a determination by the North Carolina Office of Emergency Medical Services of the existence of an emergency that poses a risk to the health or safety of patients, the North Carolina Office of Emergency Medical Services may temporarily waive the requirements of subsection

(a)of this section and allow ambulances to transport patients with a minimum of the following:

(1)At least one emergency medical technician who shall be responsible for all the medical aspects of the mission prior to arrival at the medical facility.

(2)A noncredentialed, licensed driver who has been screened in accordance with protocols approved by the EMS system and the North Carolina Office of Emergency Medical Services, and who shall be responsible for the operation of the vehicle. A noncredentialed, licensed driver shall be responsible only for operation of the vehicle and shall not be responsible for any medical aspects of the mission or any patient care.

(a2)Expired May 11, 2024, pursuant to Session Laws 2023-129, s. 10.1(b).

(b)The Commission shall adopt rules setting forth exemptions to the requirements stated in subsection

(a)of this section applicable to situations where exemptions are considered by the Commission to be in the public interest.

(c)The North Carolina Office of Emergency Medical Services and the Commission shall adopt rules to permit emergency medical services personnel to carry, openly or concealed, any pepper spray consistent with G.S. 14-401.6(a)(7). The rules adopted may require emergency medical services personnel to complete training which shall not exceed NC Basic Law Enforcement Training standards in the use of pepper spray and obtain the approval of the affiliated EMS provider pursuant to its policy regarding use prior to carrying pepper spray and prohibit the discharge of pepper spray in the ambulance compartment during transport of the patient. For purposes of this subsection, the term "pepper spray" means a chemical irritant such as mace, oleoresin capsicum or pepper spray, or tear gas. (1967, c. 343, s. 3; 1973, c. 476, s. 128; c. 725; c. 1224, s. 1; 1975, c. 612; 1983, c. 775, s. 1; 1989, c. 300; 1997-443, s. 11A.129D; 2001-210, s. 1; 2015-290, s. 2; 2022-74, s. 9E.2(e); 2023-129, s. 10.1(a); 2025-42, s. 1(a).)