HomeMy WebLinkAbout2771 Emergency Medical ServicesORDINANCE NO. ,~-¢ '7/7 !
AN ORDINANCE ADDING CHAPTER 6.40 TO THE ASHLAND
MUNICIPAL CODE TO ESTABLISH STANDARDS FOR EMERGENCY
MEDICAL SERVICES AND DECLARING AN EMERGENCY
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The following Chapter 6.40 is added to the Ashland Municipal Code:
Chapter 6.40
EMERGENCY MEDICAL SERVICES
Sections:
6.40.010
6.40.020
6.40.030
6.40.040
6.40.050
6.4O.060
6.40.070
6.4O.080
6.40.100
6.40.110
6.40.120
6.4O. 130
6.40.140
6.40.15O
6.40.160
6.40.170
6.40.18O
6.40.190
Definitions.
License and Personnel Required.
Exempt Persons and Activities.
Minimum Ambulance and Equipment Standards.
Minimum Levels of Training and Staffing.
Minimum Response Times and Minimum Levels of Care.
Procedures for Monitoring Performance.
Administration; Powers of City Administrator or Designee.
License Requirements.
Application for License.
Review and Investigation of Application.
Issuance of License.
License Term and Renewal.
Revocation or Suspension of License.
Abatement of Violations.
Prohibited Activities.
Penalties.
Severability.
6.40.010 Definitions. The following words and phrases as used in this chapter shall
have the following meanings:
A. Ambulance. Any privately or publicly owned motor vehicle that is regularly provided
or offered to be provided for the emergency transportation of persons suffering from
illness, injury or disability.
B. Ambulance service. Any person, governmental unit, corporation, partnership, sole
proprietorship or other entity that operates ambulances and that holds itself out as
providing pre-hospital care or medical transportation to sick, injured or disabled
persons.
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C. Ambulance Operator. An agency or person engaged in the business of furnishing
ambulance services.
D. Emergency. Any non-hospital occurrence or situation involving illness, injury or
disability requiring immediate medical or psychiatric services, wherein delay in the
provision of such services is likely to aggravate the condition or endanger personal
health or safety.
E. Emergency Medical Services (EMS). Those pre-hospital functions and services
which are required to prepare for and respond to emergencies, including fire
apparatus, ambulance(s), treatment, communications, evaluation, and public
education.
F. Emergency Medical Technician (EMT). A person defined in ORS 823.020.
G. Health Care Facility. A hospital, clinic, or extended care facility that regularly
provides medical or psychiatric care or services.
H. Person. Individuals, either male or female, partnerships, firms, corporations and
associations of every kind and their agents, servants or employees.
I. Pre-hospital Care. Care rendered by emergency medical technicians as an incident
of the operation of ambulances and care rendered by emergency medical technicians
as incidents of other public or private safety duties.
J. Response Time. The period of time from receipt of a call for EMS assistance until
the arrival of EMS providers.
6.40.020. License and Personnel Required. A. No person shall operate an ambulance
business within the corporate limits of the city without first obtaining a license for
operation,
B. No person shall operate a vehicle as an ambulance that is not equipped, operated,
and attended by the personnel as required by this chapter.
C. Notwithstanding subsections A and B of this section, any person operating an
ambulance business within the corporate limits of the city on the date this ordinance is
enacted shall have until December 31, 1995 to comply with this chapter.
6.40.030 Exempt Persons and Activities. The provisions of this chapter do not apply
tO:
A. Ambulances owned by or operated under the control of the United States
Government.
B. Vehicles being used to render temporary assistance to licensed ambulance
operators in case of a public catastrophe or emergency with which the licensed
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ambulances of the city are unable to cope, or when directed to be used to render
temporary assistance by a public official at the scene of an accident.
C. Vehicles operated solely on private property or within the confines of institutional
grounds, whether or not the incidental crossing of any public street serving the
property or grounds is involved.
D. Vehicles operating from a business location, office or headquarters outside the city,
that are transporting a patient from an area outside the city to a health care facility
within the city, or vehicles which are passing through without destination in the city.
6.40.040 Minimum Ambulance and Equipment Standards.
A. Ambulances shall be of the federal ambulance specification KKK 1822-A types 1, 2
or 3.
B. Each ambulance shall contain, in addition to the equipment standards set by the
State of Oregon, the following equipment: pediatric defibrillator paddles (1 set),
pediatric laryngoscope (size 1 with straight blade), adult laryngoscope with straight
and curved blades - all laryngoscope handles and blades shall be made of chrome or
stainless steel, firm extrication collars (3 sets, one each of size small, medium and
large), (2) Kendrick extrication devices or equivalent - short or half spine boards are
not acceptable.
C. All ambulances proposed to be used by the ambulance operator shall be presented
to the city administrator or designee for inspection within fifteen days of the date of
application. All new or replacement ambulances shall also be presented for inspection
prior to use.
D. All ambulances shall be maintained according to the manufacturer's
recommendations. Complete maintenance records shall be maintained and made
available to the city upon request.
E. Each ambulance shall be housed in a heated and secure garage provided that no
ambulance shall be housed at the Ashland Municipal Airport. Crew quarters shall
conform to the standards set forth in the specialty codes defined in chapter 15.04 for
residential occupancies (dwellings).
F. Ambulance operators shall maintain a patient care record for each patient
transported. Each record shall include the following information:
1. Name of patient.
2. Time of dispatch.
3. Time enroute.
4. Time of arrival at incident.
5. Time of departure from incident.
6. Time of arrival at hospital.
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7. Time ambulance becomes available for service.
8. Names and certification levels of attending emergency medical technicians.
9. Beginning and ending mileage of each response.
10. Point of dispatch.
11. Unit number.
12. Incident address.
13. Description of injuries and/or care provided.
6.40.050 Minimum Levels of Training and Staffing. A. Each ambulance shall be staffed
by at least two Oregon State Certified EMTs, one state certified at or above EMT B
and one state certified at EMT P training level.
B. The EMT P shall be in attendance of the patient in the patient compartment of the
ambulance when transporting patients to a health care facility.
C. When an ambulance is operating as a neonatal intensive care unit transporting a
patient, at least one Oregon State Certified EMT at or above the EMT B level shall be
in attendance in the vehicle. In addition, the appropriate hospital shall furnish the
medical team who attends the patient. If no medical team is furnished, the vehicle
shall be operated as an ambulance vehicle only.
D. All EMTs shall adhere to the continuing education requirements as set forth by the
State of Oregon. Each EMT P shall be currently certified by the American Heart
Association as provider of advanced cardiac life support.
6.40.060 Minimum Response Times and Minimum Levels of Care. A. The ambulance
operator shall have an ambulance response time within four minutes or less 95% of
the time for emergencies determined to require advanced life support care and eight
minutes or less 95% of the time for emergencies determined to require basic life
support care.
B. Ambulance operators and their employees shall comply with all procedures and
protocols outlined in the Jackson County EMS Standing Orders for this area.
6.40.070. Procedures for Monitoring Performance. A. The ambulance operator shall
provide regular field evaluations of EMTs employed by the operator. The field
evaluations shall be done no less than bi-annually. The evaluation form shall be
approved by the city administrator or designee. Records of the evaluation shall be
maintained and stored. The city shall have access to any and all field evaluations
upon request.
B. The response time for all emergency calls shall be compiled monthly by the
ambulance operator. The compilation shall be submitted to the city by the last day of
the first week of the month following the report month. All emergency response time
over four minutes for emergencies determined to require advanced life support care
and eight minutes for emergencies determined to require basic life support care shall
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be listed separately. The report shall give the point of dispatch of the first response
vehicle and/or ambulance, and the location of the incident.
C. A copy of any written complaint by citizens concerning pre-hospital care or billing of
an ambulance operator shall be delivered to the city administrator by the operator
where it is to be kept on file. The city administrator shall have the authority to take
such action as may be necessary to resolve the complaint if such action is in
accordance with the provisions of this chapter. The city administrator may also forward
copies of the complaint to the council together with a recommendation for corrective
action to be taken by the council.
6.40.080 Administration; Powers of City Administrator or Designee. A. The city
administrator shall have the authority to take action concerning licenses in accordance
with the provisions of this chapter.
B. The city administrator, or persons designated by the city administrator in writing,
shall have the authority to:
1. Audit records to assure conformance with this chapter.
2. Require production of relevant documents.
3. Perform all other acts necessary to enforce the provisions of this chapter.
6.40.100 License Requirements. Each ambulance operator shall:
A. Conform with the standards, requirements, and maintenance provisions stated in
the rules adopted by the State Health Division, the Jackson County Ambulance Service
Plan and this chapter. Whenever the requirements of this chapter require more than
the division rules or the county plan, the chapter requirements shall be followed.
B. Maintain on file with the city administrator, a current list of fees charged for
rendering service.
C. Maintain on file with the city administrator, a current copy of the name and
certificate of each emergency medical technician employed by the ambulance
operator.
D. Maintain and make available, upon request of the city administrator, all records
required by this chapter.
E. Employ only emergency medical technicians who are certified by the State Health
Division.
F. Enlist the services of a physician advisor who shall be a resident of or actively
practicing in the city.
G. Make available, upon request, written information to the public concerning rate
information.
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H. Meet the response times and minimum levels of care required by this chapter
I. Render emergency medical services 24 hours a day, seven days a week. Pre-
hospital medical services and ambulance transportation shall be available to all
persons in the service area without regard to race, color, religion, marital status, age,
national origin, sex, sexual orientation, disability or ability to pay.
J. Serve a reasonable and logical service area.
K. Submit to the city, upon approval of license, proof of all insurance required by this
chapter.
L. Submit to the city, upon application for license, proof of all performance bonds
required this chapter.
M. Notify the city within 10 days of any change in material information contained in the
application, related materials, or license.
6.40.110 Application for License. A. Any person desiring to obtain an ambulance
operator license shall apply upon forms available from the city recorder. Each
application shall be accompanied by a surety bond in the amount provided in this
chapter. The application shall include the following information:
1. The name of the applicant and trade name, if any, under which the applicant
intends to conduct the business; or if it is a corporation, its name, date and place of
incorporation, address of its principal place of business and the names of its principal
officers, together with their respective residence addresses; or if a partnership,
association or unincorporated company, the names of the partners, or of the persons
comprising such association or company, and the business and residence address of
each partner or person.
2. A description of each ambulance or other vehicle used, or proposed to be
used, by the applicant, with the name of the manufacturer, engine and serial numbers,
state motor vehicle license number, together with a certification that each ambulance is
adequate and safe for the purposes for which it is to be used and that it is equipped
as required by this chapter and the laws of the state of Oregon.
3. The address and description of the premises at and from which it is
proposed to maintain and operate such ambulances.
4. Information showing that every proposed driver, attendant, and driver-
attendant is qualified as required in this chapter and as required by the laws of the
state of Oregon.
5. The applicant shall furnish such additional information as the city may
require.
6. Upon application for an ambulance operator's license, applicant shall furnish
the city with a good and sufficient cash bond or surety bond in the sum of
$500,000.00 which shall be continued in effect during the period that such ambulance
operator shall do business in the city. The bond shall be given as a guarantee that
the ambulance operator will furnish and maintain ambulance service from the date of
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obtaining a city license without interruption of service, except that by giving 180 days'
notice to the city, such ambulance operator shall be authorized to discontinue service
without penalty. If, for any reason, the licensed ambulance operator shall cease
operations or discontinue business for any reason whatsoever, voluntarily or
involuntarily, without giving the notice herein required, such cash bond or surety bond
shall be forfeited to the city.
7. No ambulance operator's license shall be issued unless there is also on file
with the city an insurance policy approved by the city administrator, whereby the
owner and driver of each of the vehicles described in this license are insured against
liability for damage to property and for injury to, or death of, any person resulting from
the ownership, operation, or other use thereof. This policy shall be in the sum of not
less than $500,000.00 for property damages, personal injuries to, or death of persons
in any single accident.
a. The insurance policy shall contain an endorsement providing that this
policy of insurance will not be cancelled until notice in writing shall have been received
by the city administrator at least thirty days prior to the time such cancellation shall
become effective.
b. The insurance policy must be issued by a company authorized to do
business in the State of Oregon. This policy shall further provide that there shall be a
continuing liability thereon, notwithstanding any recovery on this policy. If, at any time,
this insurance policy shall be cancelled by the company issuing the same, or the
authority of the company to do business in the state of Oregon shall be revoked, the
certificate holder shall replace the policy with another policy approved by the city
administrator.
B. The initial license fee and each yearly renewal thereafter shall be $300 for an
Ambulance Operator's License plus $100 per ambulance providing emergency medical
services to the city. Changes in the amount of these fees may be made by resolution
of the council.
6.40.120 Review and Investigation of Application. A. Within fifteen days after receipt of
an application, the city administrator or designee may inspect and test all vehicles and
equipment and inspect all proposed vehicle location sites and crew quarters.
B. The city administrator or designee shall determine the applicant has complied with
the laws of the state of Oregon and provisions of this chapter and report such
determination to the council.
6.40.130 Issuance of License. The council may issue a license upon finding that the
applicant has met all requirements of this chapter.
6.40.140 License Term and Renewal. A. A license shall be valid from the date of
issuance to the next following thirtieth day of June and shall be renewable annually for
a term of one year, commencing on the first day of July.
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B. An application for renewal of an annual license shall be submitted to the city at least
thirty days prior to its expiration date and shall be accompanied by the appropriate
fees and other required documents.
C. The ambulance operator shall provide 180 days written notice to the city
administrator prior to terminating service.
6.40.150 Revocation or Suspension of License. A. Except as provided in section
6.40.160.B.3, before any license is suspended or revoked, notice and hearing shall be
provided in accordance with this section. An ambulance operator shall be afforded
opportunity for hearing after reasonable notice, served personally or by registered or
certified mail. A hearing shall be held by the council if the operator requests a hearing
within ten days of receipt of the notice. The notice shall include:
1
time and place
2.
to be held.
3.
4.
. A statement of the operator's right to hearing, or a statement of the
of the hearing.
A statement of the authority and jurisdiction under which the hearing is
A reference to the particular sections of this chapter involved; and
A short and plain statement of the matters asserted or charged.
B. The council, if the matter is heard by the council, or the city administrator, if no
hearing is held, may revoke or suspend a license upon finding that an ambulance
operator fails to meet the requirements of this chapter or is doing business in violation
of this chapter or applicable federal, state, or county laws, ordinances, rules or
regulations.
C. Any person whose license has been denied or revoked may, after thirty days from
the date of denial or suspension, apply for a license upon payment of an application
fee in the amount of the annual license fee, which shall not be credited to the
applicant's annual license fee.
D. Any person whose license has been denied or revoked for a total of two times
within one year, or who has a combined total of four denials or revocations shall be
disqualified from applying for a license for a period of two years from the date of the
last revocation or denial.
6.40.160 Abatement of Violations. A. Upon finding that a violation of this chapter, or
applicable federal, state, city, or county laws, ordinances, rules or regulations has
occurred, the city administrator shall provide written notice to the ambulance operator
of the violation and demand that the violation be corrected within a reasonable time as
specified in the notice.
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B. In the event of a notice under subsection A of this section:
1. The ambulance operator shall notify the city when corrective action has been
taken, and the city shall then cause an inspection to be made to determine
compliance.
2. If the ambulance operator fails to take corrective action within the time
required, the city may take action under section 6.40.150 to revoke or suspend the
license.
3. If the city administrator finds that the violation constitutes an immediate
danger to the public health and safety, the administrator may, by administrative order,
direct the immediate cessation of activities under the license pending a hearing. The
hearing shall be held as provided in section 6.40.150.
6.40.170 Prohibited Activities. No ambulance operator or ambulance operator's
employee shall:
A. Make a false statement of a material fact, or omit disclosure of a material fact, in an
application for a license.
B. Charge for services not performed, make duplicate charges for the same service, or
charge rates exceeding those on file with the city administrator.
C. Perform services of an emergency medical technician or emergency medical
technician trainee unless authorized by state law.
D. Fail or refuse to promptly advise the Ashland 911 Center of receipt of a request for
emergency medical assistance or when an ambulance becomes available or
nonavailable to respond to dispatch orders.
E. Fail or refuse to respond to a dispatch order from the dispatch office when the
ambulance subject to the call is available for service.
F. Falsify, deface or obliterate any license or certificate required under this chapter.
G. Violate any federal, state, or county law, or any other city ordinance.
6.40.180 Penalties. A. In addition to any other procedures and remedies provided by
law, any person violating any section within this chapter shall be guilty of a infraction
as set forth in section 1.08.020 except that the penalty shall be a fine not to exceed
$1,000.
B. Each and every day during any portion of which a violation any section of this
chapter is committed, continued or permitted by any such person, is a separate
violation subject to a separate fine of $1,000 and such person shall be punished
accordingly.
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6.40.190 Severability. Should any section, paragraph, sentence or word of this
chapter be declared for any reason to be invalid, it is the intent of the City of Ashland
that all other portions remain in effect.
SECTION 2. Inasmuch as it is necessary to ensure that the provision of emergency
services is delivered in a consistent, timely and superior method, it is deemed
necessary for the public peace, health, and safety of the citizens of the City of Ashland
that an emergency be declared to exist, and this ordinance shall be in full force and
effect from and after its passage by the Council and approval by the Mayor.
The foregoing ordinance was first READ on the
and duly PASSED and ADOPTED this
Barbara Christensen, City Recorder
¢ day of j~0Vf. J,"iL.~:;)4~"", 1995,
day of ~0l/6"~ , 1995.
SIGNED and APPROVED this
day of /'~(} (/~¢'~'~/" , 1995.
Approved as to form:
Paul Nolte, City Attorney
Catherine M. Golden, Mayor
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