Attorney General Opinion No.
Background
- Kansas Board of Emergency Medical Services sought an opinion on whether FAA preempts KSBEMS air ambulance regulations.
- Preemption theories considered: express preemption, field preemption, and conflict preemption under the Supremacy Clause.
- FAA regulates aviation safety through a comprehensive scheme but does not govern onboard medical equipment or personnel aboard air ambulances.
- ADA preempts state laws related to price, route, or service of air carriers; air ambulances are treated as air carriers under the ADA.
- Kansas regulations concern medical equipment and staffing, not flight safety, and are argued to be traditional state health-and-safety powers.
- Court concludes FAA does not preempt medical-care related regulations and ADA does not preempt hospital-care related aspects of air ambulances; KSBEMS regulations are saved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does FAA field preemption apply to hospital-related air ambulance rules? | KSBEMS rules fall outside FAA safety field. | FAA comprehensively occupies aviation safety, potentially preempting state rules. | No field preemption for medical care rules. |
| Does ADA preemption apply to state rules on air ambulances' price, route, or service? | Air medical care is not a price/route/service aspect of airline operations. | Air ambulances are air carriers; state rules on price/route/service are preempted. | ADA preemption does not apply to medical care or equipment provisions onboard. |
| Are KSBEMS air ambulance regulations governing equipment and staffing preempted by FAA or ADA? | Regulations protect patient health and safety, a traditional state power not within preemption. | Any regulation touching aviation safety or carrier service risks preemption. | KSBEMS medical equipment and staffing regs are not preempted. |
Key Cases Cited
- US Airways, Inc. v. O'Donnell, 627 F.3d 1318 (10th Cir. 2010) (field preemption under FAA discussed)
- Morales v. Trans World Airlines, Inc., 504 U.S. 374 (U.S. Supreme Court 1992) (airline regulation preemption framework)
- City of Burbank v. Lockheed Air Terminal Inc., 411 U.S. 624 (Supreme Court 1973) (preemption principles in aviation context)