HomeMy WebLinkAbout17 AMBULANCE SERVICE 06-07-04
.
AGENDA REPORT
Agenda Item 17
Reviewed: . ,,~
City Manager IIW-
Finance Director ~
MEETING DATE:
JUNE 7, 2004
TO:
FROM:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY ATTORNEY
SUBJECT:
AMBULANCE SERVICE - (1) EXTENSION OF CONTRACT; (2) INTRODUCE
AMENDED MODEL AMBULANCE SERVICE ORDINANCE
SUMMARY:
Under a contract administered by the Orange County Fire Authority (UOCFAU), effective
July 1, 1998, Doctor's Ambulance Service was selected as the Ambulance Service
Provider for the City of Tustin, which is within Ambulance Service Area 23. The length of
the contract was 3 years, with one extension of 1 to 3 years permissible. The contract
was extended once until June 30, 2004. The OCFA is recommending a second
extension until midnight on September 1, 2004, in order to resolve concems raised
during the bidding process. The OCFA is also recommending amendments to the model
ambulance ordinance previously adopted by the City,
RECOMMENDATION:
(1) Extend the ambulance service contract for the City of Tustin (Ambulance Service
Area 23), with Doctor's Ambulance Service, effective July 1, 2004, to expire at midnight
on September 1, 2004; and (2) Introduce Amended Model Ambulance Service
Ordinance.
FISCAL IMPACT:
None. Rates are periodically reviewed and modified by the OCFA under separate
process.
DISCUSSION:
Although by State Law the competitive process to qualify bidders and the contract are
required to be administered by the County (acting here through the OCFA), the City
may retain the authority to select the contractor and extend the ambulance service
contract, in accordance with the Model County Ordinance. The City Manager has
already notified OCFA of the City's continuing desire to select the contractor and enter
into the ambulance service contract.
186438.1
May 25. 2004
Attached hereto is the proposed Second Amendment to the Ambulance Service
Contract that would extend the term to midnight on September 1, 2004. Also attached is
the proposed amended model ordinance, and a black-line of the existing ordinance.
ATTACHMENTS:
1.
Second Amendment to Agreement for Provision of Emergency Medical
Transportation and Related Services
2.
An Ordinance of the City of Tustin, California, (1) adding Chapter 8 to Article 6 of
the Tustin City Code Establishing General Operating Procedures and Standards
for Ambulance Transportation Services within the City; and (Repealing
Ordinance No. 955)
3.
Black-line Version of Ordinance No. 955 showing proposed amendments
~z~
LOIS E. JEFFRE
LEJ/blw
Enclosures
cc:
William A. Huston, City Manager
186438.1
SECOND AMENDMENT
TO
AGREEMENT FOR PROVISION OF
EMERGENCY MEDICAL TRANSPORTATION AND RELATED SERVICES
BETWEEN
THE CITY OF TUSTIN
AND
DOCTOR'S AMBULANCE SERVICE
(ASA No.ll)
THIS SECOND AMENDMENT TO THE AGREEMENT FOR PROVISION OF EMERGENCY
MEDICAL TRANSPORTATION AND RELATED SERVICES (the "Amendment") is made and
effective as of July I, 2004, by and between the CITY OF TUSTIN, a California municipal corporation,
hereinafter referred to as "City", and DOCTOR'S AMBULANCE SERVICE, a California Corporation,
hereinafter referred to as "Contractor."
RECITALS
A. On July I, 1998, the City and Contractor entered into that certain agreement entitled
"Agreement for Provision of Emergency Medical Transportation and Related Services Between City of
Tustin and Doctor's Ambulance Service," concerning the provision and administration of exclusive
emergency medical transportation services within Ambulance Service Area ("ASA") No. 23 (the "1998
Agreement").
B. On March 11,2001, the City and Contractor entered into an agreement to extend the term
of the 1998 Agreement, pursuant to Section IS, subsection (C) of the 1998 Agreement, for three years
conunencing on July I, 2001, which shall automatically expire on June 30, 2004 (the "First
Amendment").
C. On December 22, 2003, the Orange County Fire Authority ("OCFA") requested
applications from qualified private ambulance service operators for the award of new exclusive operating
contracts within its jurisdictional areas effective July I, 2004. Providers were pre-qualified to bid on
February II, 2004. On February 19, 2004, OCFA issued its Request for Proposals for Fire/EMS
Emergency Ambulance Transportation and Related Services (RFP #RL972). Pre-qualified providers
submitted bids in response to RFP #RL972 on May 10,2004. All bids received by OCFA in response to
RFP #RL972 are currently under review.
D. Due to unforeseen delays in the administration and completion of RFP #RL972, the final
selection and award of exclusive operating area contracts within the OCFAjurisdictional areas will not be
completed in time for successful bidders to take over and commence services at 12:01 a.m., July 1,2004.
E. Therefore, for purposes of protecting public health and safety, the City and Contractor
now desire to extend the 1998 Agreement, as amended, under the same terms and conditions, for a period
of no more than two months in order to ensure that (a) there is no interruption of services; (b) there is a
proper and orderly transition of services; and, (c) there is adequate time for any successor ambulance
service operator to take over ambulance service operations and assume full responsibility for the
provision of exclusive emergency ambulance transportation services within the designated service area.
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NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, and
in consideration of the foregoing recitals, which are hereby incorporated by reference into the agreement
below, the City and Contractor agree as follows:
AGREEMENT
1.0
Second Amendment to the 1998 Al!feement.
1.1 Section 15, subsection (A), of the 1998 Agreement, as amended, shall hereby be amended to read
as follows:
"A. Agreement Start Date. Pursuant to the Second Amendment to this Agreement,
this Agreement shall remain in effect past the former termination date of June 30, 2004.
During this extended term, the Contractor shall continue to provide exclusive 911-
fue/emergency ambulance transportation and related services within the designated
Ambulance Service Area."
1.2 Section IS, subsection (B), of the 1998 Agreement, as amended, shall hereby be amended to read
as follows:
"B. Term of Contract. This Agreement shall remain in effect until 12:00 a.m. on
September I, 2004 and shall terminate automatically at that time."
2.0
No Other Amendments.
2.1 All other terms and conditions of the 1998 Agreement shall remain in full force and effect, unless
amended herein.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as follows, to be
effective on July 1,2004.
"CONTRACTOR":
DOCTOR'S AMBULANCE SERVICE
By:
Name:
Title: President
Date:
"CITY":
CITY OF TUSTIN
By:
Tony Kawashima, Mayor
City of Tustin
Date:
ATTEST:
By:
Pam Stoker, City Clerk
APPROVED AS TO FORM:
By:
Lois E. Jeffrey, City Attorney
186430.1
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA: (1) ADDING CHAPTER 8 TO
ARTICLE 6 OF THE TUSTIN CITY CODE ESTABLISHING
GENERAL OPERATING PROCEDURES AND
STANDARDS FOR AMBULANCE TRANSPORTATION
SERVICES WITHIN THE CITY; AND (2) REPEALING
ORDINANCE NO. 955
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Ordinance No. 955 is hereby repealed.
SECTION 2. Chapter 8 is hereby added to Article 6 of the Tustin City Code to
read as follows:
CHAPTER 8
AMBULANCE SERVICE
6800
INTENT AND PURPOSE
It is the intent of this chapter to establish general operating procedures and
standards for medical transportation services operating within the City in both
emergency and other situations, to provide a fair and impartial means of allowing
responsible private operators to provide such services in the public interest, and to
provide a means for the designation of exclusive operating areas. This chapter is
modeled after Division 9, Article I of Title 4 of the Codified Ordinances of the County of
Orange (County Model Ambulance Ordinance No. 3517; OCC §4-9-1).
6801
DEFINITIONS
For purposes of this chapter, the following terms are defined:
a Advanced life support service (UALSU) and basic life support service
(UBLSU) mean the same as defined in the California Health and Safety Code.
b Ambulance means a motor vehicle, helicopter, or similar vehicle,
specifically constructed, modified, equipped, or arranged and operated for the purpose
of transporting patients requiring immediate or ongoing medical services excluding the
transportation of such persons to or from locations not providing services as defined in
this chapter.
186145.1
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c Ambulance service means the activity, business or service, for hire, profit,
or otherwise, of transporting one or more persons by ambulance; provided, however,
ambulance service shall not include the transportation by ambulance by an employer of
his or her own employees in an ambulance owned and operated by the employer solely
for this purpose.
d Ambulance service oDerator means any person who operates or owns an
ambulance service.
e Attendant means a trained, qualified individual who, regardless of whether
he or she also serves as driver, is responsible for the care of patients.
County means the County of Orange, State of California.
Çj!y means the City ofTustin, California.
g
h DeDartment means the Emergency Medical Services Agency of the
County of Orange or the Health Care Agency of the County of Orange, or as otherwise
designated by the Orange County Board of Supervisors.
i DisDatcher means an individual employed by an ambulance service
operator responsible for sending an ambulance to provide ambulance service to a
patient.
Driver means an attendant who drives or pilots an ambulance.
k Emeraency means sudden, unforeseen event giving rise to a need for
ambulance service with basic or advanced life support services and is a condition in
which an individual has a need for immediate medical attention, or where the potential
for such need is perceived by emergency medical personnel or a public safety agency.
I Exclusive ODeratina Area ("EOA") means the same as defined in Section
1797.85 of the Health and Safety Code, and which is established pursuant to Section
1797.224 of the Health and Safety Code.
m Emeraencv service means ambulance service performed in response to
an emergency.
n
Fire Chief means the Fire Chief of the Orange County Fire Authority.
0 Health Officer means the Orange County Health Officer or other official
designated by the Board of Supervisors of Orange County to perform the Health
Officer's functions under this chapter.
p Licensee means an ambulance service operator which has been granted
a license under this chapter to provide ambulance service.
186145.1
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q Medical services means services provided by health care professionals
licensed pursuant to the California Business and Professions Code or as specified by
regulations adopted pursuant to this chapter.
r
Code.
Paramedic means the same as defined in the California Health and Safety
s
person.
Patient means a wounded, injured, sick, invalid, or otherwise incapacitated
t Person means any individual, firm, corporation, partnership, association,
or other group or combination acting as a unit.
u Phvsician means a medical doctor or osteopath holding the appropriate
license or certificate to practice as such within the State of Califomia pursuant to the
Business and Professions Code.
v Public safetv aaencv means any public law enforcement agency, fire
protection agency, or forest ranger operating in the County.
6802
LICENSE REQUIRED
a It shall be unlawful for any person to be an ambulance service operator, or
to act in such a capacity either directly or indirectly, within the City without possession of
a license issued pursuant to this chapter. A license may specify the specific
geographical area within the City in which it is valid; provided, however, with respect to
EOA's, reference to the EOA by a specific number or similar identification shall be
sufficient description of geographic limitation. A license shall be valid for not more than
one calendar year or the expiration of the calendar year in which it was issued,
whichever is shorter.
b
The provisions of this chapter shall not apply to:
(1 )
Ambulances operated at the request of a public safety agency
during any "state of war emergency," "state of emergency," or "local
emergency," as defined in the Government Code.
(2)
Ambulance service transporting a patient from a location outside of
the City regardless of destination.
Ambulance service transporting a patient by a fixed-wing airplane.
(3)
"614>.1
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6803
TRANSFER AND TERM OF LICENSE
No license issued pursuant to this chapter can be transferred by operation of law
or otherwise. The following shall be considered transfers for purposes of this Section:
a
b
Any change in the business structure of a licensee, including, but not
limited to, changes from or to:
(1 )
(2)
(3)
A sole proprietorship;
A partnership, including any change in the partners; and
A corporation, including any change in the shareholders. whether
by operation of law or otherwise.
Bankruptcy, an assignment for the benefit of creditors, or the appointment
of a receiver.
c
A sale or transfer of over ten (10) percent of the assets of a licensee.
A licensee may apply to the Health Officer for an amendment to the terms of the
license, which request shall be processed in the same manner as an original
application. Notwithstanding anything in this section to the contrary, licenses may be
suspended, revoked, or terminated prior to the expiration date, pursuant to the
provisions of this chapter.
6804
APPLICATIONS
a Each application for a license shall be accompanied by an application fee,
If any, set by the Orange County Board of Supervisors, and be made upon forms
prescribed by the Health Officer.
b
Each applicant shall submit the following:
(1 )
(2)
(3)
(4)
186145.1
The names and addresses of the applicant(s) and the owner(s) of
the ambulance(s) and the business and any interest therein;
The applicant's training and experience in the transportation and
care of patients;
The names under which the applicant has engaged, does engage,
and proposes to engage in ambulance service;
A description of each ambulance including the make, model, year
of manufacture, vehicle identification number, current state license
number, the length of time the vehicle has been in use, and the
color scheme, insignia, name, monogram and other distinguishing
characteristics of the vehicles, a description of the company's
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186'45.1
(5)
program for maintenance of the vehicle, and a description of the
vehicle's radio(s};
Proof that the applicant has obtained all licenses and permits
required by State or local law or regulation for the type of
ambulance service proposed, excluding only a license to provide
the service for which application is made;
(6)
The names and qualifications of each attendant, driver, or
dispatcher employed, or to be employed, in providing ambulance
service;
(7)
Proof that the applicant possesses and maintains currently valid
California Highway Patrol inspection reports for each vehicle listed
in the application;
A description of the applicant company's training and orientation
programs for attendants, drivers, and dispatchers;
(8)
(9)
Evidence of such financial responsibility and insurance coverage as
may be required by the Health Officer pursuant to regulations
adopted in accordance with this chapter;
Identification of the geographical area to be served by the
applicant, if required by the Department;
(10)
(11) As to new applications or transfers as specified In Section 6803 of
this chapter, a fingerprint receipt for each principal of the applicant,
issued by the Orange County Sheriff-Coroner indicating each
principal of the applicant has undergone a complete criminal history
check, followed by a report from the Orange County Sheriff-
Coroner showing no conviction of crimes which would be violations
ofthe provisions of Section 6806(d)(2), (3), (4), (5), (6) or (7);
(12) A list of all substations or offices where equipment and personnel
are, or will be based, including hours of operation; and
(13) A description of whether the service proposed by the applicant will
include basic life support services or advanced life support service,
and, if so:
(i)
The number of basic life support service or advanced life
support service units to be deployed on each shift;
The emergency response area(s) to receive basic life
support service or advanced life support service; and
(ii)
(iii)
The provisions, if any, for continuing education of attendants.
5
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Such other information as the Health Officer may require in
regulations adopted pursuant to this chapter.
c Renewal applications shall be submitted in the same form and require the
same materials as original applications, except the requirement of Section 6804(b)( 11 )
(14)
6805
INVESTIGATIONS
Upon receipt of a completed application and the required fee, if any, the Health
Officer shall make, or cause to be made, such investigation as the Health Officer deems
necessary to determine if:
a The applicant is a responsible and proper person to conduct, operate, or
engage in the provision of ambulance services;
b The applicant meets the requirements of this chapter and of other
applicable laws, ordinances, or regulations.
6806
ISSUANCE OR DENIAL OF LICENSE
a The Health Officer shall issue a license to an applicant if the Health
Officer, after completing any investigation required pursuant to this chapter, determines
all requirements of this chapter have been met and the license fee, if any, set by the
Orange County Board of Supervisors, has been paid.
b In the event of denial, the applicant shall be informed by the Health Officer
in writing of the reasons therefore.
c The licensee shall obtain and keep in force during the term of a license
comprehensive automobile liability insurance and professional liability insurance issued
by a company authorized to do business in the State of California, acceptable to the
Health Officer, insuring the owner against loss by reason of injury or damage that may
result to persons or property from negligent operation or defective construction of such
ambulance, or from violation of this chapter or any other law of the State of California, or
the United States. Said comprehensive automobile liability policy shall be in the sum of
not less than $500,000 for combined single limit, bodily injury and property damage.
Said professional liability insurance shall be in the sum of not less than $1,000,000 per
person and $1,000,000 annual aggregate. Workers' compensation insurance shall be
carried covering all employees of the license holder. Before the Health Officer shall
issue a license, copies of the policies, or certificates evidencing such policies, shall be
filed with the Health Officer. All policies shall contain a provision requiring a thirty (30)
day notice to be given to the Department prior to cancellation, modification, or reduction
in limits. The amount of comprehensive automobile liability insurance shall be subject to
review and adjustment by the Health Officer pursuant to regulations adopted under this
chapter. In the use of helicopters. the equivalent insurance requirements shall apply.
18614S.1
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d
Grounds for denial of a license application shall be:
(1)
(2)
(3)
(4)
(5)
(6)
Failure to meet the requirements of any provision of this chapter;
Violation by any principal of an applicant of Penal Code Section
290;
Use of narcotics or other controlled substances;
Conviction during the preceding seven (7) years of any crime
relating to the use, sale, possession, or transportation of narcotics,
or other controlled substances;
Habitual or excessive use of intoxicating beverages;
Conviction during the preceding seven (7) years of any crime
punishable as a felony in the State of California;
Conviction of any crime involving moral turpitude, including, but not
limited to, fraud or intentional dishonesty for personal gain.
e In determining the effect of any criminal acts on the issuance or denial of a
license, the Health Officer shall consider whether the criminal acts are related to the
activities of an ambulance service and shall evaluate the rehabilitation of the person(s)
involved. The Health Officer shall not consider crimes of which the applicant is, or was,
accused but not convicted.
(7)
6807
LICENSE SUSPENSION OR REVOCATION
a The Health Officer may suspend or revoke a license for failure by the
licensee .to comply with, and maintain compliance with, or for violation of, any applicable
provision, standard, or requirement of state law or regulation or this chapter, or of any
regulations promulgated hereunder. Suspension of a license is not a condition
precedent to revocation of a license.
b Before issuing a suspension or revocation, the Health Officer shall give
written notice to the licensee. Said notice shall:
(1 )
(2)
(3)
(4)
186145.1
Specify the reason(s) for which the proposed action is to be taken;
Set a hearing for not more than fifteen (15) days nor less than
seven (7) days after the date of the notice;
Specify the date, time, and place of the hearing; and
Be served on the licensee either by delivery to its principal place of
business or to its designated agent for service of such notices, if
any.
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c If the licensee, subsequent to service of a suspension or revocation notice
under this Section, remedies some or all of the conditions to which the notice refers, the
Health Officer may rescind the suspension or revocation at any time.
d At the hearing, the Health Officer has the burden of proof and may present
evidence as to why such action should be taken and to answer the evidence presented
by the licensee.
e The Health Officer may reduce the period of time for hearing under a
suspension or revocation notice to no less than twenty-four (24) hours when the Health
Officer makes written preliminary findings that such action is necessary to protect the
public health, safety, and welfare. When, as a result of such an emergency
proceedings, a license is suspended or revoked, the licensee may request an additional
hearing at which the licensee will have the burden of establishing renewed compliance
justifying reinstatement of the license. Such additional hearing will be commenced
within five (5) days of the licensee's request. The request for, and the scheduling of, an
additional hearing shall not stay operation of the suspension or revocation order.
f Hearings conducted pursuant to this section shall be conducted before a
hearing officer designated by the Department. At the conclusion of said hearing, the
hearing officer shall expeditiously prepare a written summary of the evidence and
proposed findings and conclusions for consideration by the Health Care Agency
Director.
g The Health Care Agency Director shall issue a written decision within thirty
(30) days after receiving the Hearing Officer's findings and conclusions.
6808
APPEAL TO ORANGE COUNTY BOARD OF SUPERVISORS
In the event of denial, suspension, or revocation of a license, the applicant or
licensee shall have the right to request a hearing before the Orange County Board of
Supervisors, which hearing shall be requested and conducted in the manner specified in
Section 5-2-19 of the Codified Ordinances of Orange County.
6809
NOTIFICATION
The licensee shall notify the Health Officer within twenty-four (24) hours after any
change in ownership or management of the licensee, or any interruption of service of
more than twenty-four (24) hours duration, or any substantial change in staffing or
equipment. For purposes of this section, the term "substantial change" shall be as
defined by regulation adopted pursuant to this chapter.
6810
PERSONNEL STANDARDS
a A licensee shall only employ personnel performing tasks described in this
chapter who comply with the requirements of this section.
18614S.1
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b Attendants shall be at least eighteen (18) years of age and trained and
competent in the proper use of all equipment, and shall hold current Emergency Medical
Technician-1A ("EMT -1A"), or State educational equivalent, certification in compliance
with all State laws. rules, and regulations. Additionally, each attendant shall hold a
license from the Health Officer indicating compliance with this section. Applications for
such licenses shall be in a form required by the Health Officer and shall be
accompanied by the fee, if any. established therefore. All applicants for licenses as an
attendant shall be subject to the same criminal history review as required for principals
of ambulance companies pursuant to this chapter no less than once every four (4)
years. Certificates may be denied, suspended, or revoked in the same form and manner
as that specified for ambulance service licensees in this chapter. Licenses shall be valid
for two (2) years from the date of issuance or certification as an Emergency Medical
Technician-1A, whichever is less. Renewal of a license shall be in the same manner as
issuance of a new license.
c Each licensee shall have at least one (1) dispatcher. Emergency
ambulance service licensees shall have a dispatcher on a twenty-four (24) hour-per-day
basis and shall adequately train the dispatcher to radio operation and protocols and to
the emergency response area(s) served before said dispatcher begins dispatching
emergency calls. For purposes of this section, "adequate" training of a dispatcher shall
be that which meets State standards, if any, or County requirements.
d Ambulance drivers shall, in addition to the requirements of this chapter for
attendants, maintain an appropriate license issued by the California Department of
Motor Vehicles and, if applicable, the Federal Aviation Administration.
6811
RATES
No licensee shall charge more than the maximum BLS rates approved by the
Orange County Board of Supervisors. No licensee shall charge more than the maximum
ALS rates approved by the Orange County Board of Supervisors or the Orange County
Fire Authority.
6812
SELECTION OF AMBULANCE
EXCLUSIVE OPERATING AREAS.
SERVICE
LICENSEES
FOR
a The Orange County Fire Authority shall administer the competitive
process, on behalf of the local EMS agency, for the award of EOA contracts within the
City. The Orange County Fire Authority shall select and shall enter into contracts with
licensees for the provision of ambulance service in response to emergencies in each
EOA, unless the City has provided written notification to the Orange County Fire
Authority of its intention to retain licensee selection and contracting authority for itself.
Such contracts shall provide for one primary contractor per EOA, with such other back-
up service by other emergency ambulance service providers as deemed necessary by
the Fire Chief. In awarding these contracts, the Orange County Fire Authority, or City if
it elects to retain licensee selection and contracting authority, shall consider the
comparative value of competing proposals in the same fashion as would be the case
18614S.1
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5/25/04
were the City evaluating proposals from prospective service providers for other
governmental activities, including consideration of:
(1 )
(2)
(3)
(4)
The quality of service to be provided;
The level of service to be provided;
The rates charged for services to be provided; and
The cost, if any, to the awarding authority.
b The Fire Chief shall administer the contracts for ambulance service
awarded by the Orange County Fire Authority, or by the City if applicable, under this
Section. The Fire chief shall also prepare and keep current EOA lists specifying contract
providers for each EOA. The Fire Chief shall include on the list for each EOA the
provider which has entered into an ambulance service agreement with the Orange
County Fire Authority, or the City if applicable, as the primary contractor as well as the
emergency ambulance service provider(s) who will provide back-up emergency
ambulance service for that area.
c In the event no proposals acceptable to the Orange County Fire Authority,
or to the City if it elects to retain licensee selection and contracting authority under the
provisions of this section, are received for one or more EOA's, the Orange County Fire
Authority, or the City if applicable, shall designate one or more licensees to provide
emergency ambulance services for the EOA. From the date of such designation until a
regular emergency ambulance service agreement is signed for the affected area(s),
provision of emergency ambulance service shall be an express condition of the license
and unreasonable or unjustified refusal of such calls shall be a violation of this chapter.
d No person shall provide ambulance service in response to, or as a result
of, an emergency, unless that person is a licensee specified in each instance by a
physician or public safety agency. A licensee thus specified by a physician need not be
a contractor selected pursuant to this section. Any ambulance service operator
receiving a request for emergency ambulance service from other than a public safety
agency shall immediately, by telephone, notify a public safety agency designated by
regulation of the request.
No licensee responding to an emergency shall transport a patient unless:
(1 )
(2)
18614'.1
A paramedic is present at the location of the patient; or
A physician is present at the location of the patient and directs
transportation in the absence of a paramedic; or
(3)
A safety qualified employee of the Orange County Fire Authority, or
an appropriate employee of a public safety agency designated by
regulation, directs transportation in the absence of a paramedic.
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Unless otherwise directed by a physician present at the location of the patient, a
licensee shall transport a patient pursuant to regulations adopted under Section 6813 of
this chapter.
6813
RULES AND REGULATIONS
a As to all sections of this chapter except Section 6812, the Health Officer
shall make such rules and regulations and as may be necessary to implement this
chapter. Prior to adoption, proposed rules and regulations shall be submitted to the
Orange County Emergency Medical Care Committee for comment.
b As to Section 6812 of this chapter, the Fire Chief shall make such rules
and regulations and as may be necessary to implement this section. Prior to adoption,
the Fire Chiefs rules and regulations shall be submitted to the Orange County
Emergency Medical Care Committee for comment.
c The Health Officer or the Fire Chief or their respective designee(s) may
inspect the records, facilities, transportation units, equipment, and method of operating
of each licensee whenever necessary and, by the Health Officer, at least annually.
6814
COMPLAINTS
The Department, the City, any user, subscriber, public safety agency or
consumer who believes, or has reason to believe, that an individual has been required
to pay an excessive charge for services, received inadequate services, or services
provided were not in compliance with the provisions of this chapter, may file a written
complaint with the Department and the Fire Chief setting forth such allegations. The
Department and Fire Chief shall notify the ambulance service operator of such
complaint. The ambulance service operator shall file a written response within fifteen
(15) calendar days after receipt of the notification.
6815
VARIANCE
As to all but Section 6812 of this chapter, the Health Officer may grant variances
from the terms of this chapter if he or she finds such action is necessary to protect the
public health, safety, or welfare. As to Section 6812 of this chapter, the Fire Chief may
grant variances from the terms of this chapter if he or she finds such action is necessary
to protect the public health, safety, or welfare. As to the Health Officer, such variances
may include the issuance of a temporary license. No temporary license shall exceed
one hundred and eighty (180) days in duration.
6816
VIOLATIONS -PENALTY
Violation of any provision of this chapter by an ambulance service operator shall
be a misdemeanor.
SECTION 3. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held to be invalid or
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unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The City Council
hereby declares that it would have adopted this Ordinance and each section,
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that anyone or more section, subsection, subdivision, sentence, clause, phrase, or
portion thereof be declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same to be published and
posted pursuant to the provisions of law in that regard and this Ordinance shall take
effect thirty (30) days after its final passage.
PASSED, APPROVED, AND ADOPTED this - day of
2004.
TONY KAWASHIMA, MAYOR
ATTEST:
PAM STOKER. CITY CLERK
186145.1
12
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ORnTN J'.N'ΠHO....
955
2
3
AN ORDINANCE OF THE CITY COUNCIL OF' THE CITY OF TUSTIN,
CALIFORNIA, REPEALING PART 2, SECTIONS 3421 THROOGH 3429.6,
CHAPl'ER 4 JIR'l'J:CLE 3 OF THE TUSTIN MUNICIPAL CODE AND
ESTABLISHING NEW REQUIREMENTS FOR THE OPERATION OF
AMBULANCES IN THE INCORPORATED AREAS OF THE COUNTY OF ORANGE
4
5 The City Council of the City of Tustin, California, does
6 hereby ordain as follows:
Part 2, Sections 3421 through 3429.6, Chapter 4, Article 3
7 of the Tustin City Code is hereby repealed in its entirety and
replaced by the following:
8
Part 2
AMBULANCES
,9
10
3421.
INTENT AND PURPOSE.
It is the intent of this part to establ 1shgeneral operating
11 procedures and standards for medical transportation services
operating within the incorporated areas of the City in both
'12 emergency and other situations, to provide a fair and impartial
means of allowing responsible private operators to provide such
13 services in the public interest and to provide a means fod~~~
designation of 8IR1lr'~III\8Y ruFIIRse areas. ~~CL- aal
14 €bAs
3421.5. DEFINITIONS. .
15
'!S~ For purposes of this Part, the following terms are defined:
16 (II\»" ( 1\ ~~S I
17 servic~~~a~~~~c~m~ ~ ::r~~~eC:f~f~ ~t~u~~~rt
18 Safety Code. .
(b) Ambulance means a motor Vfi!hicle, helicopter, or similar
19 vehicle, specifically constructed, modified, equipped, or arranged
and operated for the purpose of transporting patients requiring
20 immediate or ongoing medical services excluding the transportation
of such persons to or from locations not providing services as
21 def ined in this Part.
22
(c) Ambulance ~ means the activity, business or
service, for hire, profit, or otherwise, of transporting one or
23 more persons by ambulance; provided, however, ambulance s~rvice
shall not inc1 ude the transportation by ambulance by. an employer of
24 his or her own employees in an ambulance owned and operateël by the
25 employer solely for this purpose.
(d) Ambulance service operator means any person who
26 operates or owns an ambulance service.
27 (e) Attendant means a trained, qualified individual who,
28 regardless of whether he or she also serves as ddver, is responsi-
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b1e for the care of patients.
1
(f) ~ means the county of orange, state of California.
2
~ means the City of Tustin, ~8Wft~y BE ers8ge. state ~
3 Ca1 ifornia.
4 (g) Department means the Emergency Medical Services Agency
of the County of orange or the Heal th Ca re Agency of the County of
5 Orange, or a8 otherwise designated by the Board of supervisors.
6 (h) Dispatcher means an individual employed by an ambulance
service operator responsible for sending an ambulance to provide
7 ambulance service to a patient.
8 (i) ~ means an attendant who drives or pilots an
ambul anca.
9
(j) Emerrwenqy means a sudden, unforeseen event giving rise
10 to a need J.or ambulance se..rv.,ice ~ith basic or advanced 1 ife support
services. L~~p....Øl"Ø<..v~..J
11 Ë.,ccl.£.l.¿, Iv-i:'" 0 fI»\O... -n..ùa-
(k) ~Cà.aA means a geographical location
'12 specified by the Fire Chi~. within W~Ch. a!ergency .ser;v~ce may be
provided under a license. ~C\Mcl. \1.( MJJJ'S.<.cJ -ro hd.i-wMa..
13 S~ tWJ Jr""
(1) Emeraency ~ means ambulance service performed in
14 response to an emergency.
c.fu'ef of
15 (m) f.J...œ !:h1.e.f. means the Bi£e.::Lðt ef FrJ¡e Set. iees fer the
<;1ty ç-li WlieU .,..~:. ~L g.,v-e ~~'
16 - """'û~WO offju,r
(n) .HeAl.th ~ 'û-ftsy means the Orange County Heall¡il eare
17 Agency or other ~deSignated by the Board of Supervieors of
Orange CO~~Y"¡¡: rform the Health ~!~,...(l~~8Y'e functions under
18 this ~--r~" u«JL Ðtt1ì S
19 (0) ¡,icensee means an ambulance service operator which has
been granted a license under this Part to provide ambulance ser-
20 vice.
21 (p) Medical services means services provided by health care
professionals licensed pursuant to the California Business and
22 Professions Code or ae specified by regulations adopted pursuant to
thie Part.
23
(q) Paramedic means the same as defined in the California
24 Health and Safety Code.
25 (r) Patient means a wounded, injured, sick, invalid, or
26 otherwise incapacitated person.
(s) ~ means any individual, firm, corporation, partner-
27 ship, association, or other group or combination acting as a unit.
28
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2
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(t) Physician means a medical doctor or osteopath holding
1 the appropriate license or certificate to practice as such with the
state of California pursuant to the Business and Professions Code.
2
(u) ~ ~ ~ means any pub¡ic law enforcement
3 agency, fire protection agency, or forest ranger operating in the
4 county.
3422.
LICENSE REQUIRED.
5
, (a) It shall be unlawful for any person to be an ambulance
6 service operator, or to act in such a capacity either directly or
indirectly, without possession of a license issued pursuant to this
7 Part. tDA
8 'tdPA license may specify the specific ÉgraPhiCal area within
the City in which it is valid, provided, h ever, with respect to
9 , reference to the eIIIs."g..Cì .1:811.,<>11118 art:a
by a specific number or similar identification shall be sufficient
10 description of geographic limitation. A license ahall be valid for
not more than one calendar year or the expiration of the calendar
11 year in which it was issued, WhiC~~~~S shorter.
12 (b) The provisions of thislA~ shall not apply to:
13 (1) AJIlbulances operated. at the request of a public safety
agency during any "state of war emerqency," "state of emergency" or
14 "local emergency," as def ined in the Government Code.
15 (2) Ambulance service transporting a patient from a location
16 outside of Orange county regardless of destination.
(3) Ambulance service transporting a patient by a fixed-wing
17 airplane.
18 3422.5
TRANSFER AND TERM OF LICENSE.
19 No 1 ioense issued pursuant to this Part can be transferred
by operation of law or otherwise. The following shall be
20 considered transfers for purposes of this section:
21 (a) Any change in the business structure of a licensee,
22 including, but not limited to, changes from or to:
(1)
(2)
(3)
25 whether by
A sole proprietorship,
A partnership, including any change in the partners, and
23
24
A corporation, including any change in the shareholders,
operation of law or otherwise.
26 (b) Bankruptcy, an assignment for the benefit of creditors,
27 or the appointment of a receiver.
28
(c) A sale or transfer of over ten (lO) percent of the
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assets of a licensee.
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A 1 icensee may apply to the Heal th ISan AglII.e] for an
2 amendment to the terms of the license, which request shall be
processed in the same manner as an original application. Not-
3 withstanding anything in this section to the contrary, licenses may
be suspended, revoked, or terminated prior to the expiration date,
4 pursuant to the provisions of this Part.
1
5 3423.
APPLICATIONS.
6 (a) Each application for a license shall be accompanied by
an application fee, if any, set by the Board of supervisors, and be
7 made upon forms prescribed by the Health ~ftey.
8 (b) Each applicant shall submit the fo11O1o1ingl
9 (1) The names and addresses of the applicant (8) and the
owner(s) of the ambulance(s) and the business and any interest
10 therein;
11 (2) The applicant's training and experience in the
transportation and care of patients;
'12
(3) The names under which the applicant has engaged, does,
13 or proposes to engage in ambulance serv ice;
(4) A description of each ambulance including the make,
model, year of manufacture, vehicle identification number, current
15 state license number, the length of time the vehicle has been in
use, and the color scheme, insignia, name, monogram and other
16 distinguishing characteristics of the vehicle, a description of the
company's program for maintenance of the vehicle, and a description
17 of the vehicle's radio(s); .
18 (5) Proof that the applicant has obtained all licenses and
permits required by State of local law or regulation for the type
19 of ambu1'ance service proposed, excluding only a license to provide
the service for which application is made;
20
14
(6) The names and qualifications of each attendant, driver,
21 or dispatcher employed, or to be employed, in prov iding ambulance
serv ice;
22
(7) proof that the applicant possesses and maintains cur-
23 rently valid California Highway Patrol inspection reports for each
vehicle listed in the application;
24
(8) A description of the company's training and orientation
25 programs for attendants, drivers and dispatchers;
26 (9) Evidence of such financial responsibility and insurance
coverage as' may be required by the Heal th care Agency pursuant to
27 regulations adopted in accordance with this ~;
28 ~
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(10) Identification of the geographical area to be served by
1 the applicant, if required by the 'department I
(11) As to new applications or transfers as specified in
Section 3422.5, a fingerprint receipt for each principal of the
3 applicant, issued by the Orange County Sheriff-Coroner indicating
each principal of the applicant has undergone a complete criminal
4 history check, followed by a report from the Orange County Sheriff-
Coroner showing no conviction of crimes which would be violations
5 of the provisions of Section 3424(d) (2), (3), (4), (5), (6) or (7).
6 (12) A list of all substations or offices where equipnent
and personnel are, or will be based, including hours of operation,
7 and
2
8 (13) A description of whether the serv ice proposed by the
applicant will include basic life support services or advanced life
9 support service, and if SOl
10 (1) The number of basic life support service or
11 advanced life support service units to be deployed on each shift;
(ii) The emergency reaponse area(s) to receive basic
12 life support service or advanced life support servicel and
13 (iH) The provisions, if any, for continuing education
of attendants.
~tú
(14) Such other information as the Health Care AgeR9Y may
15 require in regulations adopted pursuant to this ~
16 (c) Renewal applications shall be submitted in the same form
and require the same materials, as original applications except the
17 requirement of Section 3423 (a) (11).
14
18 3423.5.
INVESTIGATIONS.
19 upon receipt of a completed application and the required
fee, if any, the Health Care Agency shall make, or cause to be
20 made, such investigation as the Health Care Agency deems necessary
to determine if:
21
(a) The applicant is a responsible and proper person to
22 conduct, operate or engage in the provision of ambulance services,
23 (b) The applicant meets the requirements of this Part and of
24 other applicable laws, ordinances or regulations.
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25 3424. ISSUANCE OR DENIAL OF LICENSE. ~~
(a) The Health t;;~gy sh issue a license to an
26 applicant if the Health , after completing any investi-
gation required pursuant 0 this, determines all requirements
27 of this ~ have been me and the license fee, if any, set by the
28 Board of \uperVisors, has b en paid.
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(b) In the event of denial, the applicant shall be informed
1 in writing of the reasons therefor.
(c) The licensee shall obtain and keep in force during the
term of a license, comprehensive automobile liability insurance and
3 professional liabil ity insurance issued by a company authorized to
do business in the state of Cal ifornia, acceptable to the Health
4 Care Agency, insuring the a./ner against loss by reason of inj ury or
damage that may result to persons or property from negligent opera-
5 tion or defective construction of such ambulance, or from violation.
of this part or any other law of the State of California, or the
6 united states. Said comprehensive automobile liability policy
shall be in the sum of not less than $500,000 for combined single
7 limit, bodily injury and property damage. Said professional
liability insurance shall be in the sum of not less than $1,000,000
8 per person and $1,000,000 annual aggregate. Workers' compensation
insurance shall be carried covering all employees of the license
9 holder. Before the Health Care Agency shall issue a license,
copies of the policies, or certificates evidencing such policies,
10 shall be filed with the Health Care Agency. All policies shall
contain a provision requiring a thirty (30) day notice to be given
11 to the Department prior to cancellation, modification, or reduction
in limits. The amount of comprehensive automobile liability
12 insurance shall be subj ect to rev iew and adj ustment by the Health
Care Agency pursuant to regulations adopted under this part. In
13 the use of helicopters the equivalent insurance requirements shall
14 apply.
2
(d) Grounds for denial of a license application shall be:
15
(1) Failure to meet the requirements of any provisions of
16 this Part;
17 (2) Violation by any principal of an applicant of Penal Code
18 section 2901 M1uACOY1-hcœ.ed~shtMu<:>'
C,3} Habitual or excessive use of narcotics or",QaRgersllø )
19 ~;
20 (4) Conviction during the preceding seven (7) years of any
crime relating to the use, sale, possession or transportation of
21 narcotics, .?è~~~~~~
22 (5) Habitual or excessive use of intoxicating beverages;
23 (6) Conviction during the preceding seven (7) years of any
crime punishable as a felony in the State of California;
24
(7) Conviction of any crime involving moral turpitude,
25 including fraud or intentional dishonesty for personal gain.
~'wr
26 (e) In determining the effect of anyÇiminal acts on the
issuance or denial of a license, the Heal th \.~~e h§eft8~ shall
27 consider whether the criminal acts are related to the activities of
an ambulance service and shall evaluate the rehabilitation of the
28
6
. . ,-.., ,-..
persons involved. The Health ~~R~ shall not' consider crimes
1 of which the applicant is, or was, accused but not convicted.
2 3424.5. LICENSE SUSPENSION OR REVOCATION.
~'(þý
(a) The Health h!f(;ftCY' may suspend or revoke license for
failure b¥ the licensee to comply, and maintain compliance with, or
4 for violation of, any applicable provisions, standards or require-
ments of state law or regulation, of this Part, or of any regula-
5 tions promulgated hereunder. Suspension.of a 1icense is not a
condition precedent to revocation of a license.
6
;5
Offiw
(b) Before suspension or revocation, the Health cau. A~eRey
7 shall give written notice to the licensee. Said notice shall:
8
(1) Specify the reasons for which the action is to be taken,
9 (2) Set a hearing f or not more than fifteen (15) days nor
less than seven (7) days after the date of the notice;
10
11
(3) Specify the date, time and place of the hearing7 and
(4) Be served on the licensee either b¥ delivery to its
12 principal place of business or to its designated agent for service
13 of such notices, if any. oM'Q/..I(
(c) If the licensee, subsequent to service of a suspension
14 or revocation notice under this Section, remedies so e or all of
the conditions to which the notice refers, the Health
15 may rescind a suspension or revocation at any time.
~ffitví
16 (d) At the hearing, the Health Care hgeR~ has the burden of
pr oof and may present ev idence as to why such action should be
17 taken and to answer th~?~~Ce presen~ted ~ licensee.
18 (e) The Health ~ A!eR~ may educe the period of time for
hearing under a suspension or revocati n notice to no lese than
19 twenty-four (24) hours when the Heal th Care A! Cftey makes wri tten
preliminary findings that such action is necessary to protect the
20 public health, safety and welfare. When, as a result of such an
emergency proceeding, a 1 icense is suspended or revoked, the
21 licensee may request an additional hearing at which the licensee
will have the burden of establishing renewed compliance justifying
22 reinstatement of the license. Such additional hearing will be
commenced within five (5) days of the licensee I s request. The
23 request for, and the scheduling of, an additional hearing shall not
24 stay operation of the suspension or revocation order.
(f) Hearings conducted pursuant to this section shall be
25 conducted before a hearing officer designated b¥ the Department.
At the conclusion of said hearing, the hearing officer shall
26 expeditiously prepare a written summar,y of the evidence and
proposed findings and conclusions for consideration b¥ the Health
27 GII.... A\ ....,,".l Bireetor~(::QN,
28
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(g) The Health Care Agency Director shall issue a written
1 decision within thirty (30) days afterY¡:~~~~O~f~fl..CðfAz~'$
2 3425. APPEAL TO BOARD OF SUPERVISORS. :p.,vr'~ aM. d [Dy c£¿j;,civIs.
3 In the event of denial, suspension, or revocation of a
license, the applicant or licensee shall have the right to request
4 a hearing before the Board of Supervisors, which hearing shall be
requested and conducted in the'manner specified in Section 5-2-19
5 of the Codified Ordinances of Orange County.
6 3425.5. NOTIFICATION. fi2A(w(
7 The licensee shall notify the Heal th ~ within
twenty-four (24) hours after any change in ownership or management
8 of the licensee, or any interruption of service of more than
twenty-four (24) hours duration, or any substantial change in
9 staffing or equipnent. For purposes of this section, the term
"substantial change" shall be as defined by regulation adopted
10 pursuant to this Part.
11 3426.
PERSONNEL STANDARDS.
'12
(a) A licensee shall only employ personnel performing tasks
described in this part who comply with the requirementa of this
13 section. orsrnkdu~¡JJe. (.U~
14 (b) Attendants ahall be at least e ghteen (18) years of age
and trained and competent in the proper u e of all equipnent, and
15 shall hold current "ElU'lA" certification in compliance with all
16 :~::~ t~r~'arri~n:~df~~uth:i~~:ithA~;;i~;:~;~;l~~~~a~i~~nd~~
compliance with this section. Applications for such licenses shall
17 be in a form required by the Health Gan Agc!l.eJ/and shal.L De \offlo.f
accompanied by the fee, if arry, established therefor. All appli-
18 cants for licenses as an attendant shall be subject to the same
crimina~ history review as required for principals of ambulance
19 companies pursuant to this part no less than once every four years.
Certificates may be denied, suspended, or revoked in the same form
20 and fashion as that specified for ambulance service licensees in
this Part. Licenses shall be valid for two years from the date of
21 issuance or certification as an Emergency Medical Technician-1A,
whichever is less. Renewal of a license shall be in the same
22 fashion as issuance of a new license.
23
(c) Each licensee shall have at least one dispatcher.
Emergency ambulance service 1 icensees shall have II dispatcher on a
24 twenty-four (24) hour-per-day basis and shall adequately train the
dispatcher to radio operation and protocols and to the emergency
25 response arell(s) served before said dispatcher begins dispatching
emergency calls. For purposes of this Section, "adequate" training
26 of a dispatcher shall be that which meets state standards, if any,
27 or County requirements.
28
(d) Ambulance drivers shall, in addition to the requirements
"--.--...
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8
. ,
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of this~or attendants, maintain an appropriate license issued
1 by the California Department of Motor Vehicles and, if applicable,
the Federal Aviation Administration.
2 3426.2. RATES. i{tl miWhfH.(.WI ßtÞ rncJø
3
No licensee shall charge more than those rates approved by
4 the Board of super~IAs~~!,~ii
5 ~~2~'~~~~ ~~~CE~RVICE LICE~~~~-tr!~~
t1)l1ü1'\Í~ 6 (a) T~~iy~~~¡.~~~dl1g8R8..a t\n " cnmpetitive
~~~? ~S;:~~S~~~~~.Q~ð:~Q:::~;:::~ s~o~;r:~~~~:~~~t\p~~:~~:n~~~
$Y'JIoN"~m~ one primary contractor per emergency response area, with S,UCh' other
.11',. 8 back-up service by other emergency ambulance service providers as
~ deemed necessary by the city. In awarding these contracts, the
.~ :(C~ 9 City shall consider the comparative value of competing proposals in
í:ìT~ the same fashion as would be the case were the City evaluating
'ð'..h, 10 10 proposals from prospective service providers for other City
~~~} activities, including consideration of:
W~~\-i¡;1J'o (1) The quality of service to be provided;
t: ~ vii~ (2) The level of service to be provided,
..". voJ1'W . 13
Cj.~~(;.~14 (3) The rates charged for services to be provided; and
'1'~~1 (4) The cost, if any, to the ~d~ivð tUA¡1(1IU~.
, Ctf\% \5'oc~~'\'~~156
VI\JA. ) (b) The Fire Chief shall administer the contracts for
ambulance service awarded by the City Council under this section.
,0 The Fire Chief shall also prepare and keep current emergency
, ../.AP v;. ),.,17 response area lists specifying contract providers for each area.
,1' v L~ The Fire Chief shall include on the list for each emergency
, )~Ci ,t.;,18 response area the provider which has entered into an ambulance
~.Mv service agreement with the City as the primary contractor as well
,U Iv'v' , 19 as the emergency ambulance service provider (s) who will provide
~~~G~20 back-up emergency ambulance service for that area.
(!fYI' (c) In the event no proposals acceptable to the City under
21 the provisions of this section are received from one or more t:ot\s
IIIRQr! QRSY feSpðllSe U7eae, the City shall designate one or more
22 licensees in that~lIIlIr! QRçy USIIBftSe ar8. to provide emergency
ambulance service From the date of such designation until a
23 regular emergency bulance service shall be an express condition
of the license and reasonable or unj ustified refusal of such
24 calls shall be a vio ation of this ~~.
'7 oA .
(d) No person sñall provide ambulance service in response
to, or as a result of, an emergency, unless that person is a
26 licensee specified in each instance by a physician or public safety
agency. A licensee thus specified by a physician need not be a
27 contractor selected pursuant to this Section. Any ambulance
28 service operator receiving a request for emergency ambulance ser-
25
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vice from other than a public safety agency shall immediately, by
1 telephone, notify a public safety agency designated by regulation
of the request.
2
NO licensee responding to an emergency shall transport a
3 patient unless I
4
5
(1) A paramedic is present at the location of the patient,
or
(2) A physician is present at the location of the patient
6 and directs t~~ion in the absence of a paramedic, or
7 (~~afety qual ified employee of the Orange County Fire
gepartæll , or an appropriate employee of a public safety agency
8 designated by regulation directs transportation in the absence of a
paramedic.
9
Unless otherwise directed by a physician present at the location of
10 the patient, a licensee shall transport a patient pursuant to
regulations adopted under Section 3427.
11
3427. RULES AND RPX;ULATIONS.
12 (a) "~l~eCtiOns of this Part except Section 3426.5,
13 the Heal th ~r:u A;¡.::Y shall make such rules and regulations and as
may be necessary to implement this Part. Prior to adoption,
14 proposed rules and regulations shall be submitted to the Orange
County Emergency Medical Care Committee for comment.
15 .
(b) As to Section 3426.5, the Fire Chief shall make such
16 rules and regulations and as may be necessary to implement this
part. Prior to adoption, the Pire Chief's rules and regulations
17 shall be submitted to the Orange County Emergency Medical Care
Committee for comment. -~
18 ~T\ J~
(c) The Health Ca.., A,: "".qo- or the Fire Chief or their
19 designee'(s)' may inspect the records, facilities, transportation
units, equipment and method of operations of each licensee whenever
20 necessary and, by the Health GaJ.~YGy, at least annually.
21 3427.5. COMPLAINTS.
The City, the Department, any user, subscriber, public
safety agency or consumer who believes, or has reason to believe,
23 that he or another party has been requi red to pay an excessive
charge for services, received inadequate services or services pro-
24 vided were not in compliance with the provision of this Part, may
file a written complaint with the Department setting forth such
25 allegations. The Department shall notify the ambulance service
operator of such complaint. The ambulance serv ice operator shall
26 file a written response within fifteen (15) calendar days after
27 receipt of notification.
III
28
22
10
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1 3428. VARIANCE. r£..Q...
VfTJCvl
2 As to all t Section 3426.5, the Health et.." ~",uG'J may
grant variances fr the terms of this part if he finds such action
:3 is necessary to pr teet the public health, safety or welfare. As
to section 3426.5, the Fire Chief may grant variances from the
4 terms of this Part if he finds such action is necessary to protect
the publ ic health, safety or welfare. As to the Health care
5 Agency, such variance a may include the issuance of a temporary
license. No variance shall exceed one hundred and eighty (l BO)
6 days in duration.
7 3429.
VIOLATION.
8 Violation of any provision of this Part by an ambulance
9 service operator shall be a misdemeanor.'
PASSED AND ADOPTED at a regular meeting of the City Council
10 of the City of Tustin, California held this ...12:th.... day of
December , 1985.
11
'12
13
4~¿~
Mayor
14
À'rTES'l':
15 '
~~~.
16 MARY W ..',
17 City Cl ,k
Ur
18 (539.WL)
19
20
21
22
23
24
25
26
27
28
11
1"'"\
^
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY Of TUSTIN
)
¡ §
MARY E. WYNN. City Clerk and ex-officio Clerk of, the City Council of the City of
Tustin, California. does hereby certify that the whole nuni)er of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Ordi nance No. 955 was duly and regul arly introduced and read at a regul ar meeti ng
of the City Council held on the 2nd day of Decl!llber, 1985, and was given its
second reading and duly passed and~opted at a regular meeting held on the.ill!!.
day of Decellber. 1985. by the following vote:
AYES: COUNCILPERSONS: Edgar, Hoesterey. Kennedy. Saltarelli
NOES: COUNCILPERSONS: None
ABSTAINED: COUNCILPERSONS: Greinke
ABSENT: COUNCILPERSONS: None
Sunrnar1es published: Dec. 12. 1985
Dec. 26. 1985