CHAPTER Saf-C 2700  PERMITS FOR HOSPITAL EMERGENCY LIGHTS

 

Statutory Authority:  RSA 266:74-a and 21-P:14, V(s)

 

PART Saf-C 2701  PURPOSE AND SCOPE

 

          Saf-C 2701.01  Purpose.  The purpose of these rules is to implement RSA 266:78-c, V, which authorizes the use of emergency lights for private vehicles of hospital emergency personnel.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

          Saf-C 2701.02  Scope.  These rules shall only apply to hospital emergency personnel operating their own private vehicles in response to a hospital emergency within the state of New Hampshire.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

PART Saf-C 2702  DEFINITIONS

 

          Saf-C 2702.01  "Administrative hearing" means a proceeding in which the legal rights, duties, immunities, or privileges of a respondent are required by law or rule to be determined by the commissioner or director or their agent pursuant to Saf-C 203.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

          Saf-C 2702.02  "Administrator" means the head of a hospital board of trustees or directors with authorization to sign permits for hospital emergency lights.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

          Saf-C 2702.03  "Bureau of hearings" means a bureau within the department established pursuant to RSA 21-P:13, which conducts administrative hearings.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

          Saf-C 2702.04  "Commissioner" means "commissioner" as defined in RSA 259:13.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12 ;ss by #13214-A, eff 6-16-21

 

          Saf-C 2702.05  "Department" means "department" as defined in RSA 259:19.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

          Saf-C 2702.06  "Director" means "director" as defined in RSA 259:20.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

          Saf-C 2702.07  "Emergency lights" means lamps which emit a flashing or rotating light beam to identify an authorized vehicle responding to a hospital emergency.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

          Saf-C 2702.08  "Hospital emergency" means a disaster or life threatening event for which the administration of a hospital determines that off-duty hospital emergency personnel shall be called in.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

          Saf-C 2702.09  "Hospital emergency permit" means a permit issued by the commissioner, through the director, authorizing the use of emergency lights on private vehicles of hospital emergency personnel.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

          Saf-C 2702.10  "Hospital emergency personnel" means employees of a hospital or persons affiliated with a hospital, designated by the hospital administration as subject to being called into duty in the event of a hospital emergency.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

          Saf-C 2702.11  "Permittee" means hospital emergency personnel to whom a hospital emergency permit has been issued by the commissioner.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

PART Saf-C 2703  OBTAINING HOSPITAL EMERGENCY PERMIT

 

          Saf-C 2703.01  Emergency Lights for Hospital Personnel.  No hospital employee or person affiliated with a hospital shall operate a private vehicle pursuant to RSA 266:78-c, V and these rules unless the person has been designated by the hospital administrator as hospital emergency personnel and has been issued a hospital emergency permit by the commissioner.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

          Saf-C 2703.02  Application for Hospital Emergency Permit.

 

          (a)  The department shall furnish application forms for a hospital emergency permit, form DSMV 370, at the Division of Motor Vehicles, 23 Hazen Drive, Concord, N.H. 03305.

 

          (b)  Each applicant for a hospital emergency permit shall furnish the following on form DSMV 370 “Application for Hospital Emergency Permit”:

 

(1)  Name, address, and date of birth;

 

(2)  Name and address of the hospital in which applicant is employed or affiliated; and

 

(3)  Driver license number and state of issuance.

 

          (c)  In addition to the requirements of (b) above, the applicant shall submit an employment certification signed by the hospital administrator pertaining to the applicant's employment status.

 

          (d)  The applicant shall sign and date the form.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

          Saf-C 2703.03  Criteria for Issuance of Hospital Emergency Permit.

 

          (a) In addition to the requirements set forth in Saf-C 2703.02, all applicants shall:

 

(1)  Be at least 1 has a valid driver license that is not under suspension or revocation; and

 

(2)  Provide a certified copy of their criminal record that shows that they have not been convicted of a felony which has not been annulled, vacated or pardoned.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

          Saf-C 2703.04  Application Review.

 

          (a)  Upon receipt of an application for a hospital emergency permit, the commissioner shall review the application to ensure it contains all required information set forth in Saf-C 2703.02 and Saf-C 2703.03.

 

          (b)  The commissioner shall return any application which is:

 

(1)  Incomplete; or

 

(2)  Does not meet the criteria of Saf-C 2703.02 and Saf-C 2703.03.

 

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

          Saf-C 2703.05  Hospital Emergency Permit.

 

          The hospital emergency permit shall be signed by the permittee.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

          Saf-C 2703.06  Validity of Permit.

 

          (a)  A permit shall not be valid unless signed by the permittee.

 

          (b)  A permit shall be valid for 3 years from the date of issuance.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

          Saf-C 2703.07  Renewal.  Permittees shall renew their permit by complying with the requirements of Saf-C 2703.02 and Saf-C 2703.03.

\

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

PART Saf-C 2704  EMERGENCY LIGHTS

 

          Saf-C 2704.01  Specifications for Emergency Lights.

 

          (a)  Emergency lights used by hospital emergency personnel on their private vehicles shall be red in color with rotating or flashing beacon.

 

          (b)  Emergency lights on a private vehicle shall be mounted as follows:

 

(1)  On the roof;

 

(2)  On the front and the rear of a vehicle if single feed lights, and not less than 12 inches from the road surface;

 

(3)  On the rear window ledges of a vehicle if rear facing lights, if they do not obstruct the driver's view to the rear or cause night time interior reflection that interferes with the driver's night time vision; or

 

(4)  On the dashboard, if they do not obstruct the driver's view or cause night time interior reflection that interferes with the driver's night time vision.

 

          (c)  Emergency lights on a private vehicle shall be capable of emitting a beacon:

 

(1)  At a minimum, directly ahead and directly to the rear of the vehicle; and

 

(2)  Bright enough to be seen during normal daylight hours.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-1; ss by #13214-A, eff 6-16-21

 

          Saf-C 2704.02  Use of Emergency Lights.

 

          (a)  All hospital emergency personnel using emergency lights when responding to a hospital emergency shall:

 

(1)  Have in their possession the hospital emergency permit issued by the commissioner;

 

(2)  Have in their possession a valid driver license for the particular class of vehicle being operated;

 

(3)  Operate a vehicle that is in safe condition for operation on public ways;

 

(4)  Operate a vehicle equipped with emergency lights meeting the requirements of Saf-C 2704.01 (a) - (d);

 

(5)  Operate a vehicle pursuant to the requirements of RSA 265:8;

 

(6)  Be aware that utilizing emergency lights shall not relieve the driver from the responsibility to drive with due regard for the safety of all persons and he or she shall not be protected from the consequences of reckless disregard for the safety of others;

 

(7)  Not equip the vehicle with or utilize a siren; and

 

(8)  Use emergency lights only when responding to a hospital emergency.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff
1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

          Saf-C 2704.03  Termination.  Permittees shall return their hospital emergency permit to the department upon retirement, termination of employment, or change in employment such that the permittee is no longer classified as hospital emergency personnel.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff

1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

PART Saf-C 2705  REVOCATION

 

          Saf-C 2705.01  Revocation of Hospital Emergency Permit.

 

          (a)  The commissioner shall, after notice and opportunity for an administrative hearing, revoke a permittee's hospital emergency permit and demand its surrender upon showing that:

 

(1)  The permittee's driver license has been revoked or suspended;

 

(2)  The permittee is no longer designated by the hospital administrator as hospital emergency personnel and the permittee refuses to surrender the permit to the department;

 

(3)  The permittee utilized a vehicle displaying active emergency lights for a non-hospital emergency; or

 

(4)  The permittee violated any provision of these rules.

 

          (b)  Permittees who have had their hospital emergency permit revoked shall immediately remove any emergency lights that are attached to their vehicle.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff

1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

          Saf-C 2705.02  Hearings.  All administrative hearings held pursuant to Saf-C 2705.01 shall be conducted by the bureau of hearings pursuant to Saf-C 203.

 

Source.  #4976, eff 11-14-90; ss and moved by #6174, eff

1-26-96 (from Saf-C 2702), EXPIRED: 1-26-04

 

New.  #8073, eff 4-23-04; ss by #10084, eff 1-31-12; ss by #13214-A, eff 6-16-21

 

APPENDIX

 

RULE NUMBER

STATUTE IMPLEMENTED

 

 

Saf-C 2701.01 - 2701.03

RSA 541-A:7

Saf-C 2702.04

RSA 259:13

Saf-C 2702.05

RSA 259:19

Saf-C 2702.06

RSA 259:20

Saf-C 2702.07 - 2702.11

RSA 541-A:7

Saf-C 2703.01 - 2705.02

RSA 21-P:14, V(s); RSA 266:78-c, V