HomeMy WebLinkAboutORD 0953 (1985) 1 ORDINANCE NO. 953
2 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, REPEALING PART 2, SECTIONS 3421 THROUGH 3429.6,
3 CHAPTER 4, ARTICLE 3 OF THE TUSTIN MUNICIPAL CODE AND
ESTABLISHING NEW REQUIREMENTS FOR THE OPERATION OF
4 AMBULANCES IN THE INCORPORATED AREAS OF THE COUNTY OF ORANGE
5 The City Council of the City of Tustin, California, does
hereby ordain as follows:
6
I. The City Council finds and determines as follows:
7
A. Due to recent litigation, it has been determined that the
8 deregulation of ambulance services is now mandatory. Such
deregulation now requires that the City of Tustin adopt an
9 ordinance establishing new requirements for the operation
of ambulance s.
10
B. The Orange County Emergency Medical Services Department
11 must receive a newly adopted ambulance ordinance and signed
contract for ambulance services by January 1, 1986 in order
12 to insure that the City of Tustin will receive continued
ambulance services.
13
C. There is a current and immediate threat to the public
14 health, safety and welfare such that if an ambulance
ordinance is not immediately passed, the City of Tustin
15 will be without ambulance services to protect its populace.
16 II. The City Council of the City of Tustin, California, does
hereby further ordain as follows:
17
Part 2, Sections 3421 through 3429.6, Chapter 4, Article 3
18 of the Tustin City Code is hereby repealed in its entirety and
replaced by the following:
19
Part 2 AMBULANCES
20
3421. INTENT AND PURPOSE.
21
It is the intent of this Part to establish general operating
22 procedures and standards for medical transportation services
operating within the incorporated areas of the City in both
23 emergency and other situations, to provide a fair and impartial
means of allowing responsible private operators to provide such
24 services in the public interest and to provide a means for the
designation of emergency response areas.
25
3 42 1.5. DE FIN IT ION S.
26
For purposes of this Part, the following terms are defined:
27
(a) Advanced life support service and basic life support
28 service mean the same as defined in the California Health and
1 Safety Code.
(b) Ambulance means a motor vehicle, helicopter, or similar
2 vehicle, specifically constructed, modified, equipped, or arranged
and operated for the purpose of transporting patients requiring
3 immediate or ongoing medical services excluding the transportation
of such persons to or from locations not providing services as
4 defined in this Part.
5 (c) Ambulance Service means the activity, business or
service, for hire, profit, or otherwise, of transporting one or
6
more persons by ambulance; provided, however, ambulance service
shall not include the transportation by ambulance by an employer of
7
his or her own employees in an ambulance owned and operated by the
8 employer solely for this purpose.
9 (d) Ambulance service operator means any person who
operates or owns an ambulance service.
10 (e) Attendant means a trained, qualified individual who,
11 regardless of whether he or she also serves as driver, is responsi-
ble for the care of patients.
12
(f) County means the County of Orange, State of California.
13
City means the City of Tustin, County of Orange, State of
14 California.
15 (g) Department means the Emergency Medical Services Agency
of the County of Orange or the Health Care Agency of the County of
16 Orange, or as otherwise designated by the Board of Supervisors.
17 (h) Dispatcher means an individual employed by an ambulance
service operator responsible for sending an ambulance to provide
18 ambulance service to a patient.
19 (i) Driver means an attendant who drives or pilots an
ambulance.
20
(j) EmergenCy means a sudden, unforeseen event giving rise
21 to a need for ambulance service with basic or advanced life support
se rv ice s.
22
(k) Emergency response ar.ea means a geographical location
23 specified by the Fire Chief within which emergency service may be
provided under a license.
24
(1) Emergency service means ambulance service performed in
25 response to an emergency.
26 (m) Fire Chief means the Director of Fire Services for the
City of Tust i n.
27
(n) Health .Care AgenCy means the Orange County Health Care
28 Agency or other agency designated by the Board of Supervisors of
Orange County to perform the Health Care Agency's functions under
1 this Part.
2 (o) Licensee means an ambulance service operator which has
been granted a license under this Part to provide ambulance ser-
3 vice.
4 (p) Medical ServiCeS means services provided by health care
professionals licensed pursuant to the California Business and
5 Professions Code or as specified by regulations adopted pursuant to
this Part.
6
(q) ParamediC means the same as defined in the California
7 Heal th and Safety Code.
8
(r) Patient means a wounded, injured, sick, invalid, or
otherwise incapacitated person.
9
(s) PerS. On means any individual, firm, corporation, partner-
10 ship, association, or other group or combination acting as a unit.
11 (t) Physician means a medical doctor or osteopath holding
the appropriate license or certificate to practice as such with the
12 State of California pursuant to the Business and Professions Code.
13 (u) Publi~ safety agency means any public law enforcement
agency, fire protection agency, or forest ranger operating in the
14 County.
15 3422. LICENSE REQUIRED.
16 (a) It shall be unlawful for any person to be an ambulance
service operator, or to act in such a capacity either directly or
17 indirectly, without possession of a license issued pursuant to this
Part.
18
A license may specify the specific geographical area within
19 the City in which it is valid; provided, however, with respect to
emergency response areas, reference to the emergency response area
20
by a specific number or similar identification shall be sufficient
description of geographic limitation. A license shall be valid for
21 not more than one calendar year or the expiration of the calendar
22 year in which it was issued, whichever is shorter.
(b) The provisions of this Part shall not apply to:
23
24 (1) Ambulances operated at the request of a public safety
agency during any "state of war emergency," "state of emergency" or
I!
25 "local emergency, as defined in the Government Code.
26 (2) Ambulance service transporting a patient from a location
outside of Orange County regardless of destination.
27 (3) Ambulance service transporting a patient by a fixed-wing
28 a i rpl ane.
3
3422.5 TRANSFER AND TERM OF LICENSE.
1
2 No license issued pursuant to this Part can be transferred
by operation of law or otherwise. The following shall be
3 considered transfers for purposes of this section:
(a) Any change in the business structure of a licensee,
4 including, but not limited to, changes from or to:
5 (1) A sole proprietorship;
6 (2) A partnership, including any change in the partners; and
7 (3) A corporation, including any change in the shareholders,
whether by operation of law or otherwise.
8
(b) Bankruptcy, an assignment for the benefit of creditors,
9
or the appointment of a receiver.
10 (c) A sale or transfer of over ten (10) percent of the
11 assets of a licensee.
A licensee may apply to the Health Care Agency for an
12 amendment to the terms of the license, which request shall be
processed in the same manner as an original application. Not-
13 withstanding anything in this section to the contrary, licenses may
be suspended, revoked, or terminated prior to the expiration date,
14
pursuant tO the provisions of this Part.
15 3423. APPLICATIONS.
16
(a) Each application for a license shall be accompanied by
an application fee, if any, set by the Board of Supervisors, and be
17
made upon forms prescribed by the Health Care Agency.
18
(b) Each applicant shall submit the following:
19
(1) The names and addresses of the applicant (s) and the
20 owner (s) of the ambulance(s) and the business and any interest
therein;
21 (2) The applicant's training and experience in the
22 transportation and care of patients;
(3) The names under which the applicant has engaged, does,
23
or proposes to engage in ambulance service;
24
(4) A description of each ambulance including the make,
25 model, year of manufacture, vehicle identification number, current
state license number, the length of time the vehicle has been in
26 use, and the color scheme, insignia, name, monogram and other
distinguishing characteristics of the vehicle, a description of the
27 company's program for maintenance of the vehicle, and a description
of the vehicle's radio(s);
28
4
(5) Proof that the applicant has obtained all licenses and
1
permits required by State of local law or regulation for the type
of ambulance service proposed, excluding only a license to provide
2 the service for which application is made;
3 (6) The names and qualifications of each attendant, driver,
or dispatcher employed, or to be employed, in providing ambulance
4 service;
5 (7) Proof that the applicant possesses and maintains cur-
rently valid California Highway Patrol inspection reports for each
6 vehicle listed in the application;
7 (8) A description of the company's training and orientation
8 programs for attendants, drivers and dispatchers;
(9) Evidence of such financial responsibility and insurance
9 coverage as may be required by the Health Care Agency pursuant to
10 regulations adopted in accordance with this Part;
(10) Identification of the geographical area to be served by
11 the applicant, if required by the department;
12 (11) As to new applications or transfers as specified in
Section 3422.5, a fingerprint receipt for each principal of the
13 applicant, issued by the Orange County Sheriff-Coroner indicating
each principal of the applicant has undergone a complete criminal
14 history check, followed by a report from the Orange County Sheriff-
Coroner showing no conviction of crimes which would be violations
15 of the provisions of Section 3424(d)(2), (3), (4), (5), (6) or (7).
16 (12) A list of all substations or offices where equipment
and personnel are, or will be based, including hours of operation;
17 and
18 (13) A description of whether the service proposed by the
applicant will include basic life support services or advanced life
19 support service, and if so:
20 (i) The number of basic life support service or
advanced life support service units to be deployed on each shift;
21
22 (ii) The emergency response area(s) to receive basic
life support service or advanced life support service; and
23 (iii) The provisions, if any, for continuing education
of attendant s.
24
(14) Such other information as the Health Care Agency may
25 require in regulations adopted pursuant to this Part.
26
(c) Renewal applications shall be submitted in the same form
and require the same materials, as original applications except the
27 requirement of Section 3423 (a) (11).
28
5
3423.5. INVESTIGATIONS.
1
Upon receipt of a completed application and the required
2 fee, if any, the Health Care Agency shall make, or cause to be
made, such investigation as the Health Care Agency deems necessary
3 to determine if:
4 (a) The applicant is a responsible and proper person to
conduct, operate or engage in the provision of ambulance services;
5
(b) The applicant meets the requirements of this Part and of
6 other applicable laws, ordinances or regulations.
7 3424. ISSUANCE OR DENIAL OF LICENSE.
8 (a) The Health Care Agency shall issue a license to an
applicant if the Health Care Agency, after completing any investi-
9 gation required pursuant to this Part, determines all requirements
of this Part have been met and the license fee, if any, set by the
10
Board of Supervisors, has been paid.
11 (b) In the event of denial, the applicant shall be informed
12 in writing of the reasons therefor.
(c) The licensee shall obtain and keep in force during the
13 term of a license, comprehensive automobile liability insurance and
professional liability insurance issued by a company authorized to
14 do business in the State of California, acceptable to the Health
Care Agency, insuring the owner against loss by reason of injury or
15 damage that may result to persons or property from negligent opera-
16 tion or defective construction of such ambulance, or from violation
of this Part or any other law of the State of California, or the
United States. Said comprehensive automobile liability policy
17 shall be in the sum of not less than $500,000 for combined single
limit, bodily injury and property damage. Said professional
18
liability insurance shall be in the sum of not less than $1,000,000
19 per person and $1,000,000 annual aggregate. Workers' compensation
insurance shall be carried covering all employees of the license
20 holder. Before the Health Care Agency shall issue a license,
copies of the policies, or certificates evidencing such policies,
shall be filed with the Health Care Agency. All policies shall
21 contain a provision requiring a thirty (30) day notice to be given
to the Department prior to cancellation, modification, or reduction
22 in limits. The amount of comprehensive automobile liability
23 insurance shall be subject to review and adjustment by the Health
Care Agency pursuant to regulations adopted under this Part. In
the use of helicopters the equivalent insurance requirements shall
24
apply.
25 (d) Grounds for denial of a license application shall be:
26
(1) Failure to meet the requirements of any provisions of
27 this Part;
28 (2) Violation by any principal of an applicant of Penal Code
Section 290;
1
(3) Habitual or excessive use of narcotics or dangerous
2 dr ugs;
3 (4) Conviction during the preceding seven (7) years of any
crime relating to the use, sale, possession or transportation of
4 narcotics, addictives or dangerous drugs;
5 (5) Habitual or excessive use of intoxicating beverages;
6 (6) Conviction during the preceding seven (7) years of any
crime punishable as a felony in the State of California;
7
(7) Conviction of any crime involving moral turpitude,
8 including fraud or intentional dishonesty for personal gain.
9 (e) In determining the effect of any criminal acts on the
issuance or denial of a license, the Health Care Agency shall
10 consider whether the criminal acts are related to the activities of
an ambulance service and shall evaluate the rehabilitation of the
11
persons involved. The Health Care Agency shall not consider crimes
of which the applicant is, or was, accused but not convicted.
12
3424.5. LICENSE SUSPENSION OR REVOCATION.
13
(a) The Health Care Agency may suspend or revoke license for
14 failure by the licensee to comply, and maintain compliance with, or
for violation of, any applicable provisions, standards or require-
15 ments of State law or regulation, of this Part, or of any regula-
tions promulgated hereunder. Suspension of a license is not a
16 condition precedent to revocation of a license.
17 (b) Before suspension or revocation, the Health Care Agency
shall give written notice to the licensee. Said notice shall:
18
(1) Specify the reasons for which the action is to be taken;
19
(2) Set a hearing for not more than fifteen (15) days nor
20 less than seven (7) days after the date of the notice;
21 (3) Specify the date, time and place of the hearing; and
22 (4) Be served on the licensee either by delivery to its
principal place of business or to its designated agent for service
23 of such notices, if any.
24 (c) If the licensee, subsequent to service of a suspension
or revocation notice under this Section, remedies some or all of
25 the conditions to which the notice refers, the Health Care Agency
26 may rescind a suspension or revocation at any time.
(d) At the hearing, the Health Care Agency has the burden of
27 proof and may present evidence as to why such action should be
taken and to answer the evidence presented by the licensee.
28
7
(e) The Health Care Agency may reduce the period of time for
1 hearing under a suspension or revocation notice to no less than
twenty-four (24) hours when the Health Care Agency makes written
2
preliminary findings that such action is necessary to protect the
public health, safety and welfare. When, as a result of such an
3 emergency proceeding, a license is suspended or revoked, the
licensee may request an additional hearing at which the licensee
4 will have the burden of establishing renewed compliance justifying
reinstatement of the license. Such additional hearing will be
5 commenced within five (5) days of the licensee's request. The
request for, and the scheduling of, an additional hearing shall not
6
stay operation of the suspension or revocation order.
7 (f) Hearings conducted pursuant to this section shall be
conducted before a hearing officer designated by the Department.
8
At the conclusion of said hearing, the hearing officer shall
expeditiously prepare a written summary of the evidence and
9 proposed findings and conclusions for consideration by the Health
Care Agency Director.
10
11 (g) The Health Care Agency Director shall issue a written
decision within thirty (30) days after conclusion of the hearing.
12
3425. APPEAL TO BOARD OF SUPERVISORS.
13
In the event of denial, suspension, or revocation of a
14 license, the applicant or licensee shall have the right to request
a hearing before the Board of Supervisors, which hearing shall be
15 requested and conducted in the manner specified in Section 5-2-19
of the Codified Ordinances of Orange County.
16 3425.5. NOTIFICATION.
17 The licensee shall notify the Health Care Agency within
twenty-four (24) hours after any change in ownership or management
18 of the licensee, or any interruption of service of more than
19 twenty-four (24) hours duration, or any substantial change in
staffing or equipment. For purposes of this section, the term
20 "substantial change" shall be as defined by regulation adopted
pursuant to this Part.
21 3 426. PERSONNEL STANDARDS.
22 (a) A licensee shall only employ personnel performing tasks
described in this Part who comply with the requirements of this
23
sect i on.
24 (b) Attendants shall be at least eighteen (18) years of age
and trained and competent in the proper use of all equipment, and
25 shall hold current "EMT 1A" certification in compliance with all
State laws, rules and regulations. Additionally, each attendant
26
shall hold a license from the Health Care Agency indicating
27 compliance with this section. Applications for such licenses shall
be in a form required by the Health Care Agency and shall be
28 accompanied by the fee, if any, established therefor. All appli-
cants for licenses as an attendant shall be subject to the same
1
criminal history review as required for principals of ambulance
companies pursuant to this Part no less than once every four years.
2 Certificates may be denied, suspended, or revoked in the same form
and fashion as that specified for ambulance service licensees in
3 this Part. Licenses shall be valid for two years from the date of
issuance or certification as an Emergency Medical Technician-lA,
4 whichever is less. Renewal of a license shall be in the same
fashion as issuance of a new license.
5
(c) Each licensee shall have at least one dispatcher.
6 Emergency ambulance service licensees shall have a dispatcher on a
twenty-four (24) hour-per-day basis and shall adequately train the
7 dispatcher to radio operation and protocols and to the emergency
response area(s) served before said dispatcher begins dispatching
8 emergency calls. For purposes of this Section, "adequate" training
of a dispatcher shall be that which meets State standards, if any,
9 or County requirements.
10 (d) Ambulance drivers shall, in addition to the requirements
of this Part for attendants, maintain an appropriate license issued
11 by the California Department of Motor Vehicles and, if applicable,
the Federal Aviation Administration.
12
3426.2. RATES.
13
No licensee shall charge more than those rates approved by
14 the Board of Supervisors for emergency ambulance services.
15 3426.5. USAGE OF AMBULANCE SERVICE LICENSEES.
16 (a) The City shall contract with licensees on a competitive
basis for provision of ambulance service in response to emergencies
17 in each emergency response area. Said contracts shall provide for
one primary contractor per emergency response area, with such other
18 back-up service by other emergency ambulance service providers as
deemed necessary by the City. In awarding these contracts, the
19 City shall consider the comparative value of competing proposals in
the same fashion as would be the case were the City evaluating
20
proposals from prospective service providers for other City
activities, including consideration of:
21
(1) The quality of service to be provided;
22
(2) The level of service to be provided;
23
(3) The rates charged for services to be provided; and
24
(4) The cost, if any, to the City.
25
(b) The Fire Chief shall administer the contracts for
26 ambulance service awarded by the City Council under this section.
The Fire Chief shall also prepare and keep current emergency
27
response area lists specifying contract providers for each area.
The Fire Chief shall include on the list for each emergency
28
9
1 response area the provider which has entered into an ambulance
service agreement with the City as the primary contractor as well
as the emergency ambulance service provider (s) who will provide
2
back-up emergency ambulance service for that area.
3 (c) In the event no proposals acceptable to the City under
the provisions of this section are received from one or more
4
emergency response areas, the City shall designate one or more
licensees in that emergency response area to provide emergency
5 ambulance services. From the date of such designation until a
regular emergency ambulance service shall be an express condition
6 of the license and unreasonable or unjustified refusal of such
calls shall be a violation of this Part.
7
8 (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
9
agency. A licensee thus specified by a physician need not be a
contractor selected pursuant to this Section. Any ambulance
10
service operator receiving a request for emergency ambulance ser-
vice from other than a public safety agency shall immediately, by
11
telephone, notify a public safety agency designated by regulation
of the r eq ue st.
12
No licensee responding to an emergency shall transport a
13 patient unless:
14
(1) A paramedic is present at the location of the patient;
15 or
16 (2) A physician is present at the location of the patient
and directs transportation in the absence of a paramedic; or
17
(3) A safety qualified employee of the Orange County Fire
18 Department, or an appropriate employee of a public safety agency
designated by regulation directs transportation in the absence of a
19 paramedic.
20 Unless otherwise directed by a physician present at the location of
the patient, a licensee shall transport a patient pursuant to
21 regulations adopted under Section 3427.
22 3 427. RULES AND REGULATIONS.
23 (a) As to all sections of this Part except Section 3426.5,
the Health Care Agency shall make such rules and regulations and as
24 may be necessary to implement this Part. Prior to adoption,
proposed rules and regulations shall be submitted to the Orange
25 County Emergency Medical Care Committee for comment.
26 (b) As to Section 3426.5, the Fire Chief shall make such
rules and regulations and as may be necessary to implement this
27 Part. Prior to adoption, the Fire Chief's rules and regulations
shall be submitted to the Orange County Emergency Medical Care
28 Committee for comment.
10
(c) The Health Care Agency or the Fire Chief or their
1 designee(s) may inspect the records, facilities, transportation
units, equipment and method of operations of each l icensee whenever
2 necessary and, by the Health Care Agency, at least annually.
3 3427.5. COMPLAINTS.
4 The City, the Department, any user, subscriber, public
safety agency or consumer who believes, or has reason to believe,
5 that he or another party has been required to pay an excessive
charge for services, received inadequate services or services pro-
6 vided were not in compliance with the provision of this Part, may
file a written complaint with the Department setting forth such
7 allegations. The Department shall notify the ambulance service
operator of such complaint. The ambulance service operator shall
8 file a written response within fifteen (15) calendar days after
receipt of notification.
9
10 3428. VARIANCE.
11 As to all but Section 3426.5, the Health Care Agency may
grant variances from the terms of this Part if he finds such action
12 is necessary to protect the public health, safety or welfare. As
to Section 3426.5, the Fire Chief may grant variances from the
13 terms of this Part if he finds such action is necessary to protect
the public health, safety or welfare. As to the Health Care
14 Agency, such variances may include the issuance of a temporary
license. No variance shall exceed one hundred and eighty (180)
15 days in duration.
16 3429. VIOLATION.
17 Violation of any provision of this Part by an ambulance
service operator shall be a misdemeanor."
18
PASSED AND ADOPTED as an Urgency Ordinance at a regular
19 meeting of the City Council of the City of Tustin, California held
20 this 2nd day of December , 1985.
22 FRANK H. GREINKE,
May or
ATTEST:
24 ~
26 City CIerk
27 (539.WL)
28
11
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Ordinance No. 953 was duly and regularly introduced and read at a regular meeting
of the City Council held on the 2nd day of December, 1985, and was given its
second reading and duly passed and adopted at a regular meeting held on the 2nd
day of December, 1985, as an urgency measure by the following vote:
AYES : COUNCILPERSONS: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli
NOES : COUNCILPERSONS: None
ABSENT: COUNCILPERSONS: None
MARY E. WYNN, Ci Clerk ' ~.
City of Tustin,Ci~i~lifornia
PUBLISH TUSTIN NEWS:
December 12, 1985