Brea Municipal Code Ch. 8.36 Regulation of Ambulances

It is the intent of this chapter to establish general operating procedures and standards for ambulance services to be provided within the city and to provide a fair and impartial means of allowing responsible private ambulance operators to provide such services as the public interest requires.

(1961 Code, § 1A.1; Ord. 933)

For purposes of this chapter, the following terms are defined:

"Ambulance."

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 medical care.

"Ambulance service."

The activity, business or service, for hire, profit, or otherwise, of transporting one (1) or more persons by ambulance; provided, however, ambulance service shall not include the transportation by ambulance by an employee of his or her own employees in an ambulance owned and operated by the employer solely for this purpose.

"Ambulance service operator."

Any person who operates or owns an ambulance service.

"City."

The city of Brea, county of Orange, state of California.

"City council."

The Brea City Council.

"City fire department."

The Brea Fire Department.

"County."

The county of Orange, state of California.

"Department."

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 Board of Supervisors.

"Emergency."

A sudden, unforeseen injury, illness or other medical event giving rise to a need for immediate ambulance service with basic or advanced life support services.

"Emergency response area."

A geographical area in the city specified by the Fire Chief, within which emergency ambulance services may be provided pursuant to an agreement entered pursuant to this chapter.

"Fire chief."

The Director of Fire Services for the City of Brea.

"Health officer."

The Orange County Health Officer or other official designated by the Board of Supervisors of Orange County to perform the Health Officer's functions with respect to the regulation of ambulances.

"Licensee."

An ambulance service operator which has been granted a license by the county of Orange to provide ambulance service.

"Paramedic."

The same as defined in the Cal. Health & Safety Code.

"Patient."

A wounded, injured, sick, invalid, or otherwise incapacitated person.

"Person."

Any individual, firm, corporation, partnership, association, or other group or combination acting as a unit.

"Physician."

A medical doctor or osteopath holding a valid license or certificate to practice as such issued by the state of California.

"Public safety agency."

Any public law enforcement or fire protection agency.

(1961 Code, § 1A.2; Ord. 933)

A. No ambulance service operator may operate within the city, nor may any ambulance service operator be permitted to enter into an agreement with the city for the provision of ambulance services therein, without first obtaining a county of Orange ambulance service license. Applications for licenses are obtained and processed through the office of the County Health Officer and shall be accompanied by fees set by the County Board of Supervisors. This license is in addition to and not in lieu of any business or other license which is required by the city of Brea.

B. The provisions of this section shall not apply to:

1. Ambulances operating at the request of a public safety agency during any “state of war emergency,” as defined in Cal. Gov't Code.

2. Ambulance service transporting a patient from a location outside of Orange County regardless of destination.

3. Ambulance service transporting a patient by a fixed-wing airplane.

(1961 Code, § 1A.3; Ord. 933)

A. The following parts of the codified ordinances of the county of Orange pertaining to the licensing and regulation of ambulances, together with all requirements, standards, criteria, definitions and performance levels therein, are hereby adopted by reference: §§ 4-9-2 through 4-9-11, inclusive, §§ 4-9-13(d), and 4-9-14 through 4-9-16, inclusive, as contained in the codified ordinances of the county of Orange.

B. A full, true and correct copy of each of the aforesaid parts of the codified ordinances of the county of Orange is on file in the office of the City Clerk of the city of Brea.

(1961 Code, § 1A.4; Ord. 933)

A. On a need and necessity basis, the city shall contract with one (1) or more licensees, following a competitive selection process, for provision of ambulance services in response to emergencies within the city or any designated emergency response area therein. Said contracts shall provide for one (1) primary contractor per emergency response area, with secondary or back-up service by other emergency ambulance service operators as deemed necessary by the city. In awarding a contract or contracts, the city shall consider the comparative value of competing proposals in the same manner as proposals from prospective service providers for other city services, including consideration of:

1. The quality of service proposed to be provided;

2. The level of service proposed to be provided;

3. The cost, if any, to the city;

4. The rates proposed to be charged for services to be provided;

5. Past performance history of prospective ambulance service operators based upon references and recommendations by the public and/or other public agencies; and

6. Any prior revocations of any licenses or permits necessary to operate an ambulance service.

B. The Fire Chief shall administer the contract or contracts for ambulance service awarded by the City Council under this section. Unless sooner terminated as provided therein, the term of each contract shall be three (3) years and, at the discretion of the Fire Chief with concurrence of the City Council, such contract may be renewed annually thereafter without utilizing a competitive selection process. The Fire Chief shall also prepare and keep a current list specifying the primary and secondary contract ambulance service operators for the city and any designated emergency response area therein.

C. In the event no proposals acceptable to the city are received for the city, or any designated emergency response area, following the competitive selection process referred to in this section, the city may designate one (1) or more licensees to provide emergency ambulance services on a need and necessity basis, until an ambulance service agreement is entered for the affected area(s).

D. No person shall provide ambulance service in the city in response to, or as a result of, an emergency unless that person is a licensee requested by a physician or public safety agency. A licensee requested 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 advise a public safety agency having jurisdiction in the location of such request.

1. No licensee responding to an emergency shall transport a patient unless:

a. A paramedic is present at the location of the patient; or

b. A physician is present at the location of the patient and directs transportation in the absence of a paramedic; or

c. A qualified public safety employee of the city Fire Department, or a duly authorized employee of a public safety agency, requests transportation in the absence of a paramedic.

2. Unless otherwise directed by a physician present at the location of the patient, a licensee shall transport a patient pursuant to county operational rules and regulations.

(1961 Code, § 1A.6; Ord. 933)

A. All ambulance service operators providing ambulance services within the city shall comply with the operational rules and regulations promulgated by the department, together with all standards, criteria and levels of performance therein. All ambulance service operators shall further comply at all times with such rules and regulations as may be imposed by this chapter, and/or by the Fire Chief in his or her discretion.

B. The Health Officer, the Fire Chief and/or their designee(s) may inspect the records, facilities, ambulances, equipment and method of operations of each licensee operating within the city, during normal business hours.

(1961 Code, § 1A.6; Ord. 933)

The city, the county, the department, any user, subscriber, public safety agency or consumer who believes, or has reason to believe, that any person has been required to pay an excessive charge for services, received inadequate services or services provided were not in compliance with the provision of this chapter, may file a written complaint with the city and/or department setting forth such allegations. The city and/or department 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 notification.

(1961 Code, § 1A.7; Ord. 933)

Any ambulance service operator currently providing ambulance services pursuant to a permit granted by the city, may continue to provide such services following the adoption of this chapter, until such time as the competitive selection process established herein is completed and an agreement for the provision of ambulance services is entered into by and between the city and an ambulance service operator or operators. Upon the effective date of such agreement or agreements, any previously issued permits to operate ambulance services within the city shall become null and void. Current permittees are encouraged to participate in the competitive selection process established by this chapter.

(1961 Code, § 1A.8; Ord. 933)