HomeMy WebLinkAbout1997-071 Ambulance licenses ORDINANCE NO. 97
AN ORDINANCE relating to regulation of ambulance services operating
within the city of Yakima; establishing a requirement
for a city ambulance service license in order to provide
. ambulance services within the city; establishing -
standards for the operation of ambulance services
within the city; establishing procedures for the
issuance, denial, suspension, and revocation of such
licenses; and adding a new chapter, Chapter 5.96, -
"Ambulance Services" and adding new sections,
Sections 5.96.010, 5.96.020, 5.96.030, 5.96.040,
5.96.050, 5.96.060, 5.96.070, 5.96.080, 5.96.090,
5.96.100, , 5.96.110, 5.96.120, 5.96.130, 5.96.140,
and 5.96.150, all of the City of Yakima Municipal
Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 5.96 and Sections 5.96.010, 5.96.020,
5.96.030, 5.96.040, 5.96.050, 5.96.060, 5.96.070, 5.96.080, 5.96.090,
5.96.100, , 5.96.110, 5.96.120, 5.96.130, 5.96.140, and 5.96.150 are
hereby enacted as a new chapter and new sections of the City of Yakima
Municipal Code to read as follows:
"Chapter 5.96
AMBULANCE SERVICES
5.96.010 Purpose.
The city council declares it to be in the public interest,
and for the protection of the health, safety and welfare of the
residents of the City and its environs to provide the highest
level of emergency medical services reasonably practicable.
The city council deems it to be in the public interest to
provide for the inspection, regulation and control of
ambulance services to promote the health and safety of the
people.
5.96.020 Definitions.
For the purposes of this chapter, the following t
and words shall have the meanings set forth in this section
unless the context requires otherwise:
(a) "Advanced Life Support" (ALS) means invasive
emergency medical services requiring advanced medical
treatment skills as defined in RCW Chapter 18.71, and as
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provided by individuals certified at the level of EMT-
,
Paramedic.
(b) "Ambulance" means a privately -owned ground vehicle
that is designed, constructed, equipped, maintained and
used for the transportation and treatment of patients, but
does not include vehicles used for paratransit services
pursuant to the Americans with Disabilities Act of 1990 (42
U.S.C. § 12101 et seq.) and RCW 49.60.
(c) "Ambulance attendant" means any trained or
otherwise qualified individual responsible for the operation of
an ambulance and the care of the; patients, whether or not
the medical attendant also serves as a driver, who is the
holder of a valid certificate issued under this chapter.
(d) "Ambulance service" means any person who operates
an ambulance for hire within the corporate limits of the city,
but does not include the following:
(1) The city of Yakima fire department; or
(2) Any person who provides emergency service
outside the corporate limits of the city, and who
transports such patients from outside the corporate
limits of the city into or through the city; or
(3) Any person who provides emergency medical
services within the corporate limits of the city at the
request of the city pursuant to a written mutual aid
agreement between the city and the person.
(e) "Automatic Vehicle Locator" (AVL) means a vehicle
transmitter tracking device that enables the monitoring of
ambulance location from a central monitoring point.
(fl "Basic Life Support" (BLS) means noninvasive
emergency medical services requiring basic medical
treatment skills as defined in chapter 18.73 RCW.
(g) "City" means the city of Yakima, Washington.
(h) "Department" means the city of Yakima fire
department.
(i) "DOH" means the Washington State Department of
Health, Office of EMS & Prevention.
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(j) "Emergency Medical Service" (EMS) means medical
treatment and care which may be rendered at the scene of
any medical emergency, or while transporting any patient in
an ambulance to an appropriate medical facility including
ambulance transportation between medical facilities.
(k) "Fire chief' means the fire chief of the city fire
department or such other city employee as the fire chief may
designate to perform the duties provided for in this chapter.
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(1) "Patient" means an individual who is sick, injured,
wounded, or otherwise incapacitated.
(m) "Person" means an individual, firm, partnership,
association, corporation, company, group of individuals
acting together for a common purpose, or any other
organization of any kind.
(n) "Response Time" means the period from when the call
is received by the ambulance dispatcher until such
ambulance arrives at the incident scene.
5.96.030 Ambulance service license required.
A person may not conduct or operate an ambulance
service within the corporate limits of the city without first
obtaining from the city both a business license under
Chapter 5.52 and an ambulance service license pursuant to
this chapter. Applications for an ambulance service license
must be made in writing to the fire chief on forms specified
by the department. The fire chief shall not issue an
ambulance service license unless the applicant has fulfilled
all requirements of this chapter and any applicable
provisions of state law relating to ambulance service
personnel, equipment and operations, including but not
limited to the provisions of RCW Chapter 18.73 and WAC
Chapter 246 -976 as now or hereafter amended.
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5.96.040 Application for ambulance service license.
An initial application and any subsequent renewal
application for an ambulance service license shall be filed
with the fire chief and shall be made on forms provided by
the department and shall contain the following information
and documents:
(a) Name, address and telephone number of the applicant.
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(b) Business name under which the ambulance service
shall operate within the city. ,
(c) The number of ambulances to be initially placed in
service within the city.
(d) The number of licensed ambulance attendants initially
to be employed.
(e) A roster of all ambulances to be used in the city with
proof that each ambulance is currently licensed as an
ambulance by the State of Washington.
(f) A roster of all certified EMT ambulance attendants
with proof that each attendant is currently certified as
an EMT by the State of ' Washington, including
certification expiration date.
(g) A roster of all certified EMT - Paramedic ambulance
attendants with proof that each attendant is currently
certified as an EMT - Paramedic by the State of
Washington, including certification expiration date.
(h) Proof that ambulances and personnel are verified
trauma providers as provided in WAC Chapter 246-
976 as now or hereafter amended.
(1) A schedule of rates as required by section 5.96.140 of
this chapter.
(j) Proof of insurance as required by section 5.96.110 of
this chapter.
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Prior to the issuance of the ambulance service license,
the application and all necessary records and documents
shall be reviewed and all equipment proposed for use shall
be inspected by the fire chief, who shall determine whether
said records, documents, and equipment conform to the
requirements of this chapter, and any rules or regulations
referenced herein or issued hereunder. Upon approval of the
application, the fire chief shall issue an ambulance service
license to the applicant.
5.96.050 Annual license fee.
At the time the ambulance service license application
and any subsequent license renewal application is filed with
the fire chief, the applicant shall pay a fee to the city to cover
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the cost of processing the application. The,license fee shall
be twenty -five dollars.
5.96.060 Term of license.
Any ambulance service license issued hereunder shall
expire one year from the date of issuance unless suspended
or revoked pursuant to this chapter. • Such ambulance
service license may be renewed annually upon filing and
approval of license application in accordance with section
5.96.040 of this chapter and payment of the annual license
fee required by section 5.96.050.
5.96.070 Transfer of license prohibited.
The ambulance service licensee is prohibited from
transferring or assigning any ambulance service license
issued hereunder.
5.96.080 Conditions of ambulance service.
Each ambulance service operating within the city must
comply with the following minimum conditions:
(a) Provide ALS ambulance services throughout the city
on a twenty -four (24) hours per day, seven (7) days per week
basis.
(b) Each ambulance of the ambulance service that is
operating in the city must be licensed by the state of
Washington and must meet all standards and requirements
set forth in WAC Chapter 246 -976 as now or hereafter
amended. Proof of a current state license must be
maintained and available in the ambulance at all times.
(c) Each ALS ambulance of the ambulance service that is
on duty and operating in the city shall be staffed with a
minimum of two ambulance attendants, one of whom shall
be a certified EMT and the other shall be a certified EMT -
Paramedic as provided in WAC Chapter 246 -976 as now or
hereafter amended. A certificate of such license shall be
carried on the person of each ambulance attendant while on
duty.
(d) Emergency incidents shall require that the closest
available ALS ambulance be dispatched to the incident.
(e) The city shall provide first response EMS: An
ambulance service receiving a direct request for EMS shall
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notify the city's 911 communication center immediately so
that the department's first response can be initiated. The
only exception to this requirement shall be for the transport
of nonemergent interfacility transfer of patients, routine
medical transports, and BLS standbys.
(f) For emergency responses, ambulances shall maintain
a response time of eight (8) minutes or less on 90% of those
calls occurring within the corporate city limits.
(g) Within ten (10) calendar days following the end of each
month, the ambulance service shall provide the fire chief
with a written report from the previous month that
demonstrates whether the ambulance service has complied
with the city's response criteria. The report will include date
of each incident, location, the time the call was, received, the
time of arrival of the ambulance at the incident scene, and
the calculated response time. The report shall include a
separate section that identifies all ambulance service
responses that did not comply with the city's response
criteria and description of the reasons for the delay of each
such response.
(h) Each ambulance service shall comply with all
applicable state and local laws, rules, regulations,
procedures, and protocols, including but not limited to those
that are specific to ambulances, ambulance service,
ambulance equipment, ambulance personnel, EMS, ALS,
and EMT and Paramedic personnel.
(1) When .requested to do so by the fire chief, each
ambulance service shall,, within sixty (60) calendar days of
the request, equip each of its in, service ALS ambulances
with a fully functioning AVL unit Of a type and model that is
acceptable to the city. City personnel shall monitor the
location of each AVL unit and respective ALS ambulance on
a 24 -hour basis in order to ensure that the closest available
ALS ambulance is dispatched to any incident requiring an
ALS ambulance. The ambulance service shall be responsible
for all costs associated with the purchase and maintenance
of the AVL unit for each ALS ambulance, and are required to
pay the city a forty dollars ($40.00) monthly monitoring fee
for each in service ALS ambulance within ten (10) calendar
days following the end of each month of monitoring service.
Any ambulance service contracting for dispatch services with
the city shall be excluded from monthly AVL monitoring fees.
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5.96.090 Denial, revocation or suspension of
ambulance service license.
The issuance of an ambulance service license may be
denied, . revoked, or suspended by the Fire Chief or his /her
designee upon the following grounds:
(a) The making of a false statement of material fact in the
ambulance service license application for the ambulance
service license or in any data, information or documents
required as part of the application; or
(b) Failure to comply with any of the provisions of this
chapter or any rules or regulations referenced 'herein or
issued pursuant to this chapter; or
(c) Failure to maintain ambulances and equipment in
accordance with the standards set forth in WAC Chapter
246 -976 as now or hereafter amended; or •
(d) Failure to obtain a business license as required by
Chapter 5.52; or
(e) Charging customers rates higher than those set forth
in the schedule of rates for the ambulance service as filed
with the city pursuant to section 5.96.150; or
5.96.100 Notice of denial, suspension or revocation of
ambulance license and appeal thereof.
The Fire Chief shall provide a licensee or potential
licensee with a written notice of any proposed ambulance
service license denial, suspension or revocation. The notice
shall specify the grounds for the proposed denial, suspension
or revocation. The notice shall be sent to the licensee or
potential licensee by first class mail and certified mail,
return receipt requested, at the address shown on the license
application or at the last known address of the potential
licensee or licensee.
The proposed denial, suspension or revocation shall be
effective ten (10) business days after the date the notice is
mailed unless the licensee or potential licensee makes
written application to the city manager within said time
period demonstrating good cause why the license should not
be denied, suspended or revoked. In the event that the
licensee or potential licensee, fails to provide said written
application within the required, ten. (10) day time period, the
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denial, suspension or revocation shall be final and binding
and shall not be subject to any appeal.
The city manager shall review any such written
application and determine whether good cause has been
demonstrated why the license should not be denied,
suspended or revoked. The city manager shall then provide
the licensee or potential licensee with his /her written
determination. If the city manager determines that the
license should be denied, suspended or revoked, the written
determination shall specify the grounds for the denial,
suspension or revocation. A copy of the written
determination shall be sent to the licensee or potential
licensee by first class mail and certified mail, return receipt
requested, to the address shown on the license application or
at the last known address of the licensee or potential
licensee.
The city manager's determination shall be effective ten
(10) business days after a copy of said determination is
mailed to the licensee or potential licensee unless the
licensee or potential licensee makes a written appeal to the
city council requesting a hearing before the city council to
show good cause why the license should not be denied,
suspended or revoked. The appeal of the city manager's
determination shall be filed with the city clerk within ten (10)
business days after a copy of said determination is mailed to
the licensee or potential licensee. '; The written appeal must
specify the grounds for the appeal. In the event that the
licensee or potential licensee fails to provide said written
appeal within the required ten (10) day time period, the city
manager's determination shall be final and binding and shall
not be subject to further appeal..
The city council shall set the time and place of the
appeal hearing and determine at the hearing whether
appellant has demonstrated good cause why the license
should not be denied, suspended or revoked. The decision of
the city council shall be final and binding and not subject to
further appeal.
5.96.110 Insurance requirements.
Each ambulance service operating within the city must
maintain an insurance policy(ies) against claims for injuries
to persons or damages to property which may arise from or
in connection with the performance or nonperformance of
activities associated with the operation of the ambulance
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service. The insurance policy(ies) shall name the city,_ its
elected officials, officers, agents, and employees as additional
insureds, and the insurance policy shall contain a clause
that the insurer shall not cancel or change the insurance
without first giving the city thirty (30) days prior written
notice. The insurance policy(ies) shall be with a responsible
insurance company or companies approved by the city. If
any of the coverages are on a "claims made" basis, and the
Ambulance service changes insurance companies, the
Ambulance service shall provide the City written notification
that the carrier provides full prior acts coverage or that the
• Ambulance service has purchased a 3 year minimum
extended reporting provision from the previous carrier. The
minimum scope and limits of coverage of the insurance
policy(ies) shall be as follows:
• Automobile Liability $1,000,000 per
occurrence.
• Commercial Liability $1,000,000 per
occurrence /$2,000,000 annual aggregate.
• Professional Liability $1,000,000 per
occurrence /$2,000,000 annual aggregate.
Evidence of such insurance shall accompany the application
for the ambulance service license and shall be maintained on
a continuous basis during the . term of the license and any
subsequent renewals.
5.96.120 Existing ambulance services.
Any ambulance service operating within the city as of
the effective date of this chapter shall have a period of sixty
(60) calendar days to meet the requirements of this chapter
and to apply and obtain the necessary ambulance service
license required by this chapter.
5.96.130 Investigations and inspections.
The department shall make all necessary
investigations and inspections for 'enforcement of this
chapter. As a condition of issuance of an ambulance service
license, the ambulance service consents to the fire chief or
his /her authorized representative performing regular
inspections of the ambulance service facilities, equipment
and ambulances. Such inspections shall be performed at all
reasonable hours, with or without advance notice, upon
presentation of appropriate credentials to an employee,
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officer, agent, or authorized representative of the ambulance
service.
5.96.140 Ambulance rates to be filed.
Each ambulance service applying for an ambulance
service license or renewal of license pursuant to this chapter
shall, at the time of filing its application therefor, file with
the city clerk and the fire chief its schedule of rates to be
charged for ambulance services during, the license period for
which the application is made. The ambulance service shall
adhere to such schedule of rates throughout the period for
which the license is issued. Such schedule of rates shall be
a matter of public record.
5.96.150 Severability.
If any provision of, this chapter is held invalid and /or
unconstitutional, the remainder of this chapter shall not be
affected and /or invalidated and shall r emain in full force and
effect.
Section 2. This ordinance shall be in full force and effect thirty
(30) calendar days after its passage,' approval, and publication as
provided by law and the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 18th
day of Nov., , 1997.
v k^ ,
John Puccinelli, Mayor Pro Tem
ATTEST:
By !
Acting Ci Clerk
Publication Date: 11/21/97
Effective Date: 12/21/97
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 40
For Meeting of: 11/18/97
ITEM TITLE: Ordinance Establishing Ambulance Protocols within the City
of Yakima
SUBMITTED BY: K. Alan Chronister, Fire Chief
CONTACT PERSON /TELEPHONE: Paul McMurray / 575 -6030
K. Alan Chronister / 575 -6060
SUMMARY EXPLANATION:
During the last 2 -3 years, Staff has been researching Ambulance Ordinances throughout the
Northwest in an effort to bring forward a safe, equitable and functional ordinance for your
consideration. Original drafts of our proposed Ordinances have been shared throughout the
process with both Ambulance Companies doing business in our City, as well as our Council
Public Safety Committee (Buchanan, Berger, Puccinelli). As a result, their recommendations
and input had a direct effect on the final document.
The major components of this Ordinance include the following:
(1) (5.96.080) - Conditions for Ambulance Service.
This section sets standards for coverage on a 24 hour basis and addresses minimum
qualifications for ambulance staffing. In addition, it requires -
(A) The closest Ambulance be dispatched to an incident,
(B) An 8 minute response time, or less, 90% of the time, and
(C) Written documentation to the Fire Department on a monthly basis -
(Similar to what we are currently doing).
(continued next Page)
Resolution X Ordinance Contract Minutes Plan/Map
Notification List Other S ecify)
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve as submitted.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION: Ordinance passed. ORDINANCE NO 97 -71
Agenda Item: Ordinance Establishing Ambulance Protocols within the
City of Yakima - continued:
(2) (5.96.080 i) - The key element to insuring the closest ambulance is dispatched and that
emergency apparatus respond quickly and safely, is the provision that requires
ambulances to be equipped with automatic vehicle locators (A.V.L.). This satellite
tracking system will allow our dispatchers to dispatch the appropriate ambulance from
a computerized mapping system that tracks individual vehicles. However, the A.V.L.
base system for dispatch is not in place yet, and the ambulance service will not be
required to purchase individual vehicle transmitters until requested to do so. The
A.V.L. system will also allow for future tracking of our fire trucks and police cars in
our emergency Dispatch Center.
(3) . (5.96.140) - Ambulance Rates to be Filed. This Ordinance does not regulate ambulance
rates, but requires companies to post their schedule rates for public record.
It is the intent of this Ordinance to provide the safest most efficient emergency delivery system
for the citizen of Yakima. In an environment where sometimes seconds can save lives, isn't it
nice to know that there are areas in which we can cut those seconds?
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