45-41 - LEMSA investigation and recommendation.

The LEMSA shall review all applications for Provider Agreements and make such investigation of the applicant and the vehicles, equipment and employees to be used by the applicant, as it deems necessary and appropriate. The LEMSA shall process the application in a manner consistent with the applicable competitive procurement procedure. Upon the basis of the application, evidence submitted and results of any investigations and audits, the LEMSA shall make a finding on the qualifications of the applicant under this chapter, the EMS Agency Policies and Procedures Manual, and any applicable State and Federal laws and regulations, and whether additional services or equipment should be provided, and shall consider whether the findings required by Section 45-41.1 can be made. On the basis of its findings, the LEMSA shall determine whether to approve air ambulance and non-911 ground ambulance Provider Agreements, and, as to 911 ambulance Providers which will provide service in an EOA. The LEMSA Board shall, on the basis of the findings and recommendations of the LEMSA Executive Director, and its own findings pursuant to this section, Section 45-41.1, and the requirements of the competitive procurement process, determine whether or not to issue any EOA Agreement.

(Ord. No. 4057, § 1, 5-21-13)

The LEMSA shall not approve air ambulance and non-911 ground ambulance Provider Agreements, and shall not recommend 911 ambulance Provider Agreements, unless all of the following findings are made:

(a)

That the LEMSA has considered the impact the service will have on the existing system in regards to emergency medical care, cost of services, and any other issues relative to the integrity of the existing system.

(b)

That the applicant or its responsible managing employee is adequately trained and experienced in the field of ambulance services.

(c)

That each ambulance will be staffed by at least two (2) persons, one (1) of whom is an Attendant and the other a Driver.

(d)

That neither the applicant nor any co-partner or managing employee thereof is registered as a sex offender under the provisions of Penal Code Section 290.

(e)

That the applicant or any co-partner or managing employee thereof affirms that he neither habitually nor excessively uses, used, nor is addicted to the use of narcotics or dangerous drugs nor has been convicted of any offense relating to the use, sale, possession or transportation of narcotics, mood or mind altering or habit forming drugs.

(f)

That the applicant or any co-partner or managing employee thereof affirms that he is not a habitual user of intoxicating beverages to excess.

(g)

The applicant or any co-partner or managing employee thereof within the three (3) year period immediately preceding the application has not been under suspension, revocation, or probation by the Department of Motor Vehicles for cause involving the safe operation of a motor vehicle and has not been convicted of any of the following offenses:

(1)

Failure to stop and render aid in an accident involving injury or death;

(2)

Driving while intoxicated;

(3)

Reckless driving.

(h)

That the applicant or any co-partner or managing employee thereof has not been convicted of any offense punishable as a felony in the State of California and has not been convicted of the crime of theft of either degree within the ten (10) year period immediately preceding the application.

(i)

The applicant or any co-partner or managing employee thereof does not have any undisclosed financial interest in more than one (1) ambulance company operating within Butte County.

(j)

That each ambulance owned or operated by the applicant has been certified by the California Highway Patrol as in compliance with the regulations pertaining to ambulances and complies with the provisions of the EMRO.

(k)

That the Local EMS Agency has certified the applicant's compliance with all applicable regulations, standards, and requirements.

(l)

That the applicant has signed the statement of intended compliance with the regulations set forth in Article V.

(Ord. No. 4057, § 1, 5-21-13)

No approval by any local governmental entity may be given to any application for a business license or any other license or permit to operate an ambulance or medical transport service unless a Provider Agreement as required by the EMRO has been approved by the LEMSA.

(Ord. No. 4057, § 1, 5-21-13)

An application for renewal of any Provider Agreement shall be processed by the LEMSA in the same manner as an original application for a Provider Agreement and denial shall be subject to the same procedures as denial of an original application.

(Ord. No. 4057, § 1, 5-21-13)

In the event of a denial of a non-911 Provider Agreement application by the LEMSA, the appeal procedure set forth by LEMSA policy and procedure shall be followed and utilized.

(Ord. No. 4057, § 1, 5-21-13)