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The "Panel"

ALS79 at aol.com ALS79 at aol.com
Sat Oct 11 22:11:44 BST 2008


In a message dated 10/11/2008 3:51:21 PM Central Daylight Time, 
stephen.richey at gmail.com writes:


> "I was pointing more towards the issue that the government does not have
> specific powers to limit the creation of a business so long as it does not
> violate existing laws (monopoly, safety, etc).  They lack the authority to
> say "This area already has enough helicopters" or at very least, they are
> loathe to enforce such regulations."
> 

County and municipal governments frequently grant exclusive EMS franchises 
through the use of uniform ordinances and inter-local cooperative agreements. 
Such franchise agreements (contracts) control the level of care, response times 
and other areas - all in the name of cost containment and protecting the 
public. And, these franchises have withstood appellate challenge. However, 
controlling the airspace, landing rights and patient care of HEMS may be another 
matter altogether. But, there is precedent.

Bob Kellow


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