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HomeMy WebLinkAbout2228 Amending Ordinances 2199, 2203, 2213 and 2225 - Regulating Ambulance ServiceORDINANCE NO. ~- z ~-~ AN ORDINANCE PERTAINING TO THE REGULATION OF AMBULANCE AND RELATED SERVICES WITHIN THE CITY OF PORT TOWNSEND; AME~ING ORDINANCE 2199, AS AMENDED, TOGETHER kqTH SECTIONS OF CHAPTER 5.90 OF THE PORT TOWNSEND MUNICIPAL CODE; MAKING ADDITIONAL FINDINGS; PROVIDING FOR RECIPROCAL RECOGNITION OF AMBULANCE PER- SONNEL LICENSES AND AMBULANCE VEHICLE IN- SPECTIONS BY OTHER JURISDICTIONS; AND ESTAB- LISHINGAN EFFECTIVE DATE The City Council for the City of Port Townsend, after review and study, finds that: 1. The City Council passed Ordinance 2199 regulating certain ambulance services within the City of Port Townsend, the effective date of which Ordinance was amended bv Ordinance 2203, Ordinance 2213 and Ordinance 2225. 2. The City Council has considered written and oral submis- sions of the Port Townsend Fire Department, the Jefferson County Medical Program Director and other parties through this date, and finds that certain Sections of Ordinance 2199, as amended, should be amended, and that certain Sections should be added to the Or- dinance. 3. The State of Washington is not adequately equipped or financed to fully enforce and oversee the regulations pertaining to ambulance and similar services. 4. The City Council further finds that a program of recipro- cal recognition of ambulance personnel licenses and ambulance ve- hicle inspections of other jurisdictions should be established. Now, therefore, THE CITY COUNCIL OF THE CITY OF PORT TOWn, SEND DO ORDAIN AS FOLLOWS: Section 1. That Finding No. 3 of Ordinance 2199 be and the same is here and hereby amended to read as follows: "(3) The City has designated the Port To%n~send Fire Department as the agency responsible for the delivery of pre- hospital and post-hospital (eme~gemey) interfacility critical care .~translpo~ rta- tion and care for all citizens within th~ City limits, and the oep--~t-i~ also responsible to oversee quality control and operations of all ambulance services including, any of these services delegated to ~ualified provi~ys; and" ORDINANCE - 1 - Section 2. Section 5..90.010 of Section 1 of Ordinance 2199, to- gether with section 5.90.010 of the Port Townsend Municipal Code, is here and hereby amended to read as follows: "ft,_9..0_~0.k~! p_e.f~ijliLfLons_~ For the purposes of this Ch~npter, the following def:[nitions shall apply: A. "Ambulance" means a ground vel~ic].e designed and use~l to tr.'a~sport the ill. and injured and to provide personnel, facilities and equipment to treat patients before and during transportation where it is not anticipated that emergency medical care will be required during g]:ansportation. ~ j'_Medi.c Uni~'~ (MiCU~,, ipeans .~n...~mbul_a_nce~vebic!.e .Qper~ated by the C~tv t~l]i~h routinely carries oersonnel certified at th.e_level, of Daramedi~c _ai~' routine!? en.~a~es iD ..th~ °r°visi°n of prebqsoital~..advanced llfe s_iup_oo~r~atient care ~ ~ .,]!nterfacil..i.tY CritiD.a~_Car_D" .means providinq...advanced life support ~e{.! i_.q.a...l__c__a .r_e_~ o___oa tie n t s be in3 t r~anspor t~_ed, be tw. een . ..h~ospit a ] s. D~. "Emergency medical care" or "e,nergency" means a sudden and/or u~,~e:<i~ected meal.].cai problem which requires the immediate assistance of an agency trained in and designatecl to provide pre-]~ospital medical care. e~. "Mon-emergency medical care" means a medical condition which is not s,~dden and/or unexpected, therefore not requiring immediate assistance and results in a scheduled response. Pre-hospital initiation of drug tl~erapy (with the exception of oxygens) or field intravenous fluid lines wo~ld ]~ot be expected for non-emergency patients. D.~.. "Post-hospital interfacility critical care transports" refers to patJ. ents transported from one hospital to another hospital for specialize'd critical .care and shall also be considered included withln "non-emergency medical care." E~. "Emergency Medical Technician" (EMT) means a person who is certified as such by the Secretary, pursuant to RCW 18.73, and regulations promulgated thereunder. ~. "Mutual aid" refers to situations in which a licensed non-emergency ambulance service is required, as determined by the Fire Department, to make ambulances and personnel available for emergency response under the City's direction. .~!. "Secretary" means the Secretary of the Washington State Department of Health, Emergency Medical Services Division." ORDINANCE ~ zz-~'~ - 2 - ~-~ ~Section 3. Section 5.90,.020 of Section 1 of Ordinance 2199, to- gether with Section 5.90.020 of the Port Townsend Municipal Code, are each here and hereby amended to read as follows: "5.90.020 Applicabi]itv~ · 1 emer encv medical service is and shall be provided in t]~e City A A1 g .~ ..... -'-~ ,~=~ment The orovisions of this Chapter of Port Townsen~ Dy ~ns ~= ~~ i .... ~ ~ased within the City -emer enc amDu~= o~~ ~ shall apply to non - · ~ Y- ~ ~- ~- ~ a re~l~ basis (75% or ~re of ~e ~d also to ~ose ~ose v~cies ~er u~ ~ ~, ~- ~o (~ive~-~) . ·  atl~t tes ~ ~ B. Nothing herein shall prohibit the Fire Department from operating non-emergency ambulance services." 'Section 4. Section 5.90.070 of Section 1 of Ordinance 2199, to- gether with Section 5.90.070 of the Port To, send Municipal Code, are each here and hereby amended to read as follows: "5.90.070 A. Ail services performed hereunder shall be in accordance with the standards and principles of the course of instruction given EMTs and pursuant to local medical protocols establisheh from time to time by the Jefferson County Medical Program Director. 1]. Each ambulance service licensed under this Chapter shall, immediately upon the issuance of a license, file with the City Clerk/Treasurer its schedule of 'rates to be charged for its services fcr the duration of the calendar year in ~hich the license is issued. Thereafter, each ambulance service licensed under this Chapter shall annually file with the City Clerk/Treasurer its schedule of rates to be charged for its services. The annual rate schedule shall be filed on or before the first day of December of the year preceding the year for which the schedule is to be in effect. C. Ali. rate schedules filed pursuant to t]~is Section s{~all be a m~ntter of public record and open to public inscection at the office of tile City Clerk during normal business hours. Each licensee shall strictly adhere to its schedule throughout the calendar year for which that schedule has been fi].ed; provJ, ded that a licensee may charge ancJ collect rates in sccor¢iance with a revised rate schedule by filing the revised schedule with tile City Clerk not less than one full calendar month prior to the effective date of the revised schedule. I). It is unlawful for anyone driving or operating an ambulance to charge, demand, collect or receive any greater or less rate or fare than those then curre, ntly filed with the City Clerk. It is unlawful for any ambulni~ce operator to. give directly or indirectly, or cause to be given, ar{.y rebates, co,u,nissions, reserve rebates or any reduced rates or cash dJ scou~{ts to any person or persons or groups of any nature, except as .{]sted on its then current schedule of rates on file witl~ the City Clerk. ORDINANCE ~-~v.~ - 3 - ]kl~-~ E. A Washington State mmdical incident report (MIR) shall be logged by ambulance crews for each pre-hospital patient transported and shall include the appearance and status of and treatmant aCmnnzstered to injured, sick or incapacitated persons treated or trans- ported. (Copies of such records shall be mailed or otherwise delivered to the (Fi~e-Pe- pa~mem~) Medical Program Director on a weekly basis, or more'often if requested for good cause, i-ne bMDwiii revz~ these transports to ensure appropriateness of commercial ambulance utilization. The MPDwill provide the City with demographic information as re- quested by the City. (Faeep~-as-s~hemcise-p~vi~e~-~y-~e-~e§~ai~emam~s-~-~e-$~a~e-~- ~ie-~fse~ss~e-Ae~-s~eh-~ees~s-a~e-eenf~em~ia~-an~-s~a~-be-~e~ease~-en~y-~s-p~spe~- F.~ Each licensee of an ambulance under this chapter shall maintain complete and accurate records, which records shall include the transpOrtation oC'"each patient within the CitT, or 'from one place within the City to anOther Place within the City Or beyond its City limits. All records shall be available for inspection by the City Clerk or his duly authorized representative at all reasonable times. G. The provision of subsection (F) of this section shall likewise apply in cases if a.' patient dies before being so transported in such ambulance or experiences cardiac or. res- piratory arrest v~ile being so transported therein or at any time prior..to the' delivery of the patient to a hospital or medical or other authority, if the patient is still under the care and responsibility of the ambulance licensee. FH, Each ambulance operator shall deposit with the City Clerk a certificate of insur- ance evidencing comprehensive general liability, auto liability and malpractice insur- ance issuad by a responsible insurance company to be approved by the City and naming the City as an additional insured. The limits of the policy shall be not less than $1,000,- 000.00. The insurance certificate shall be.submitted to the City Clerk for approval prior to the issuance of each ambulance license. Satisfactory evidence that such insur- ance is at all times'in full force and effect shall be furnished to the City Clerk, in such form as the City Clerk may specify, by all licensees required to provide such in- surance under the terms of this chapter. Every insurance policy required under this. section shall extend for and cover all claims arising during the period to be covered by the license applied for, notv~thstanding such claim, or claims may actually be made there- after, and the insurer shall be. obliged to give not less than 30 days written notice to the City Clerk and to the inSured before any cancellation or termination of the policy earliet t/nan its expiration date. Cancellation or other termination of any such policy shall automatically revoke and terminate any license issued for the ambulances co~ered by such policy, unless a substitute insurance policy complying with the provisions of this section shall be provided and be in effect at o~ prior to the time of such cancellation or term/nation." Section 5. ,"here is here and hereby added to Section 1 of Ordinance 2199, and to Chapter 5.90 of the Port To%nsend bMnicipal Code, a new section to be referred to as Sec- tion 5.90. 075: Reciprocal Recognition of Ambulance Personnel Licenses and Ambulance Ve- hicle Inspections, as follows: 5.90.075: Reci?rocal Recognition of Ambulance Personnel Licenses and Ambulance Vehicle Inspections. A. To avoid unnecessary duplication of effort, expense and hardship, this section shall be applied when ambulance vehicles and ambulance perso~el are licensed or hold valid am- bulance or ambulance personnel licenses from other cities, and apply for a license in the City of Port Townsend'. Before the reciprocity, provided for in this section is recognized, the conditions set forth in this section must be satisfied. OP~DINANCE ~ 2'Ag _ ~ _ ~-~-~ B. Ambulance service personnel who apply for a Port To~send ambu- lance license may be granted reciprocity on the following terms and conditions: 1. The applicant produces a valid license issued to him or her from another city to provide ambulance service. 2. The ambulance licensing requirements of such other city are found by the City of Port Townsend to meet or exceed the licensing requirements of the City of Port Townsend. 3. The applicant is able to verify his or her identification with a photo identification issued by a state or by the federal gov- ernment, such as a valid driver's license, valid military identifica- tion card, valid passport, or similar identification, and 4. The applicant shall pay to the City of Port Townsend a filing fee of $5.00. 5. In addition, any license issued hereunder as a reciprocal license shall provide for an expiration date no later than the ex- piration date of the applicant's original license from the other jurisdiction. C. Ambulance vehicles which are then currently licensed and have been inspected under another city's ambulance ordinance or regula- tions may be granted reciprocity such that an inspection or license of the City of Port Townsend is not 'required as follows: 1. The operator shall produce a valid license, or other accept- able documentation of approved inspection, issued for the vehicle from another city. 2. The other city's licensing and inspection requirements are found by the City of Port Townsend to meet or exceed the licensing and inspection requirements of the City of Port Townsend. 3. The applicant is able to verify the vehicle's identification with the Certificate of Title issued by the State of Washington De- partment of Licensing for the vehicle. 4. The applicant shall pay a $5.00 filing fee. 5. In addition, any license issued hereunder as a reciprocal documentation of approved inspection shall provide for an expiration date no later than the expiration date of the applicant's original license or documentation from the other jurisdiction. D. In such cases for ambulance service personnel or ambulance vehi- cles which qualify for reciprocity under this Section, a special license shall be issued by the City for suCh personnel or such vehi- ORDINANCE zz Zf - 5 - %.%.kg cle, as the case may be, indicating that the same is a reciprocal li- cense or based upon a reciprocal inspection pursuant to the terms of this Section, and which license or inspection shall otherwise comply with the provisions of this Chapter. Section 6. Severability. If any term or provision or part thereof of this Ordinance is declared to be invalid or unenforceable by any Court of competent jurisdiction, the remainder of this Ordin- ance, or of such term or provision not affected by such ruling, shall continue in full force and effect. Section 7. Effective Date. This Ordinance shall be effective upon its passage, approval and publication in the form and manner provided by law. Read for the first, second and third times, passed by the City Council of the City of Port Townsend and signed and approved by the Mayor of the City this /qv~ day of F~M/k~ , 199 ! . Attest: Dav±d ~~. ~ro~lerk Approv~d as to form: K~i~h C.' H~rpdr,~ Cyfy Attorney Passed by City Council: %/1~ Published: , 199 Effective date: , 199 ORDINANCE - 6 -