HomeMy WebLinkAbout1999-O-22 - Ambulance and Emergency MedicalORDINANCE NUMBER 1999-2 2
AN ORDINANCE REGULATING AMBULANCE AND EMERGENCY
MEDICAL SERVICE AND PROVIDING A PENALTY FOR VIOLATION OF
THIS ORDINANCE AND ESTABLISHING THIS ORDINANCE AS AN
ADDITION TO CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY
OF STEPHENVILLE
ARTICLE IV. AMBULANCE AND EMERGENCY MEDICAL SERVICE
SEC. 18.70 Definitions.
The following terns and phrases, as used in this ordinance unless the
context clearly indicates otherwise, shall have the meanings respectively ascribed
to them in this section:
CITY. The term city, when used in this article, shall mean the City of
Stephenville, Erath County, Texas.
EMS. The term EMS, when used in this article, shall mean a provider of
Emergency Medical Service, ambulance service, or EMS provider.
EMERGENCY. The term emergency, when used in this article, shall mean the
services used to respond to an individual's perceived need for immediate medical
care to prevent death or aggravation of physiological or psychological illness or
injury, or the sudden onset of a medical or traumatic condition manifesting itself
by acute symptoms of sufficient severity, including severe pain, such that the
absence of immediate medical attention could reasonably be expected to result
in:
1. Placing a patient's health in serious jeopardy;
2. Serious impairment to bodily functions; or
3. Serious dysfunction of any bodily organ or part.
STAND-BY. The term stand-by, when used in this article, shall mean a service
provided by an EMS provider at a special event to provide for the treatment and
transportation of the sick or injured. (example: football games, rodeos, races,
etc.)
OUT OF TOWN EMERGENCY TRANSFER. The term out of town
emergency transfer, when used in this article, shall mean the transporting of a
patient to a medical facility in a town or city other than Stephenville. Primarily
this would mean transporting of a patient, for whatever reason, from the local
hospital to a hospital in another city.
37F,
PRIVATE OWNED SERVICE. The term private owned, when used in this
article, shall mean an individual, company or organization that is in the business
of providing an EMS or ambulance service that is primarily a for profit operation.
LICENSED AMBULANCE SERVICE. The term licensed ambulance service,
when used in this article, shall mean an ambulance service that is currently
licensed as an EMS provider by the Texas Department of Health.
SEC. 18-71 EMERGENCY AMBULANCE SERVICE.
1. The City of Stephenville Fire Department EMS shall be the primary provider
of emergency ambulance service, and Emergency Medical Service within the
city limits and in other areas under contract with the city to provide such
service.
2. All patients transported by the city EMS shall terminate at the hospital
Emergency Room.
3. Any person utilizing the city's EMS service shall pay for services rendered. A
copy of the city's EMS fee schedule shall be kept on file in the office of the
City Secretary.
4. It shall be unlawful for anyone, including the holder of a city permit or license
from the Texas Department of Health, to intentionally furnish, operate,
maintain, advertise for or otherwise be engaged or profess to be engaged in
the operation of, or provide emergency ambulance service upon the streets
within the city or in any areas under contract with the city to provide such
service. (see exceptions)
SEC. 18-72 EXCEPTIONS.
1. A licensed ambulance service may respond in situations where the city, or its
authorized representative, requests or authorizes another service to assist in an
emergency under circumstances in which a city ambulance is not available to
respond to an emergency situation which may require treatment or
transportation of a patient or patients.
2. It shall be permissible for a private owned ambulance service, who in the
process of providing non -emergency ambulance service, and the situation
develops into an emergency, to proceed with treatment and transportation of
the patient to the hospital, provided that said service is licensed by the Texas
Department of Health to provide such service.
3. It shall be permissible for any ambulance or person therein, to respond to or
from an emergency situation, outside of the city or its contracted areas of
service.
4. Private owned ambulance services that through a contractual arrangement or
other agreement to provide service and stand-by at special events, are
permitted to treat and transport patients to the local hospital within the city
and its areas under contract.
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SEC. 18-73 PRIVATE OWNED AMBULANCE SERVICES.
1.
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When an applicant files for a permit to provide ambulance service, the city
council must determine that it would be beneficial for the public's
convenience, necessity and welfare, to provide additional service. The city
council may then grant a permit.
Private owned ambulance services operating within the city are authorized to
provide non -emergency transport, out of town emergency transfer, and stand-
by service only.
All private owned ambulance services are required to obtain an annual permit
on or before January 1 of each year, to operate and provide service within the
city. Permit applications shall be kept on file in the office of the City
Secretary, and the fee for the permit will be as per the city's current fee
schedule.
Applications for permits to operate a private owned ambulance service within
the city shall be reviewed by the Public Health and Safety Committee of the
Stephenville City Council. The committee will consider all applications and
will make a recommendation to the entire city council.
Any private owned ambulance service operating within the city, or its areas
under contract, shall at all times possess a current Texas Department of Health
license to provide such service, and shall at all times meet the requirements of
the Texas Department of Health in regards to staffing, equipment, and
supplies.
All private owned EMS providers operating within the city or its contracted
service areas, shall at all times have in full force and effect insurance coverage
as follows:
Public liability insurance for injury to or death of any person and for property
damage. Such insurance shall secure payment of all unlawful and proper
claims arising out of the operations of said ambulance service.
A minimum of one million dollars bodily injury per person.
A minimum of three million dollars maximum bodily injury per occurrence.
A minimum of one million dollars property damage per occurrence.
Uninsured motorist coverage.
Malpractice insurance.
An umbrella policy to cover all underlying liability policies.
(a) The insurance policies required herein shall be submitted to the Public
Health and Safety committee, or its designated representative, for
approval. Satisfactory evidence that such insurance is at all times in full
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force and effect, shall be provided in form as specified by the committee,
or its representative.
(b) Every insurance policy required hereunder shall extend for the period to
be covered by the permit granted for the operation of ambulance services
herein, and the insured shall be obligated to give not less than 30 days'
written notice to the city before any cancellation or other termination of
any such policy.
(c) The cancellation or other termination of any policy of insurance required
herein shall automatically revoke and terminate the permit for ambulance
service granted herein, unless another insurance policy complying with
the provisions of this section shall provide and be in full force and effect
at the time of such cancellation or other termination.
7. All private owned ambulances operating in the city shall be maintained in
sufficient mechanical condition as to comply with all the regulations set out
by the Texas Department of Health.
8. All private owned ambulances operating in the city shall have the name of the
service prominently displayed on each side on the vehicle in letters of at least
three (3) inches in height.
9. Any right, privilege or permit held, owned or obtained by any private owned
ambulance service under the provisions of this article may be sold, assigned,
leased or transferred, or inherited; provided, however, any proposed sale,
assignment, lease or transfer shall first be presented in writing to the city
council for its approval or disapproval.
SEC. 18-74 PENALTY.
Each officer, agent or employee of any corporation and every other person who
violates or fails to comply with, or who procures, aids or abets in the violation of, any
provision of this article, or fails to obey, observe or comply with any other, decision, rule
or regulations, direction, demand or requirement of the city council, shall be guilty of a
class "C" misdemeanor, and upon conviction shall be punished by a fine not exceeding
two hundred dollars ($200). Each day any provision of this article, or any rule, regulation
or order of the city council relevant thereto is violated shall constitute a separate offense,
and the fact that the city council may have caused prosecution for violation of its rules,
regulations or orders under the penal section of this article shall not operate to prevent or
limit the exercise of the authority of the city council to suspend, revoke, alter or amend
permits or certificates as provided in this article.
PASSED AND APPROVED THIS 17th DAY OF August 1999.
APPROVED:
Moser, Mayor
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ATTEST:
Cindy L. afford,
City Sec tary
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Reviewed by Donald B. Davis
Approved as to form and legality
Randy Thomas, City Attorney
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