Fresno County Municipal Code Ch. 8.44 Emergency Ambulance and Mobile Intensive Care Unit Services

The purpose of this chapter is to provide for the regulation of emergency ambulance and mobile intensive care unit (MICU) services, in order to protect the health, safety, and welfare of the residents of the county and to ensure that competent, efficient, and adequate care is provided to persons in need of such services. This chapter shall be liberally construed for the accomplishment of this purpose.

(Ord. 627, § 1, 1980)

The following words, terms, and phrases, when used in this chapter, have the meaning ascribed to them in this section, except where the context thoroughly indicates a different meaning:

A. "Ambulance" means any ground vehicle that is specifically designed, constructed, modified, equipped, arranged, maintained, and operated to provide basic life support and transportation for a patient in an emergency.

B. "Board" means the board of supervisors of the county of Fresno.

C. "County" means the county of Fresno.

D. "Emergency" means a condition or situation in which an individual declares a need for immediate medical attention or where such need is declared by emergency medical personnel or a public safety official.

E. "Health officer" means the Fresno County health officer.

F. "Licensee" means any person granted a license by the county to furnish ambulance or MICU service.

G. "Mobile intensive care unit (MICU)" means any ground vehicle specifically designed, constructed, modified, equipped, arranged, maintained, or operated to provide advanced life support and/or transportation for a patient in an emergency, which has met the standards set by the state of California and the health officer.

H. "Patient" means a person who is sick, injured, wounded, convalescent, infirm, or otherwise incapacitated or an expectant mother.

I. "Person" means any individual, firm, corporation, partnership, association, or other group or combination acting as a unit.

J. "Service zone" means a specific geographic area applying to ambulance or MICU service.

K. "Sheriff" means the Fresno County sheriff.

L. "Treasurer-tax collector" means the Fresno County treasurer-tax collector.

(Ord. 627, § 1, 1980)

The board shall divide the county into service zone areas in accordance with rules and regulations adopted by resolution of the board.

(Ord. 627, § 1, 1980)

No person, either as owner, agent, employee or otherwise, shall operate, conduct, advertise or otherwise be engaged in the business of providing ambulance or MICU service originating within the unincorporated area of the county, regardless of the vehicle's destination, unless that person holds a current county license to do so. In accordance with rules and regulations that are adopted by resolution of the board, any person desiring a license shall submit an application to the license collector, pay a license fee, furnish certain documents with the application, and provide proof of insurance coverage. The health officer shall investigate all applications. The board shall approve or deny the issuance of the license and the license collector shall issue and renew all licenses as directed by the board and after the payment of the fee as set forth in the county of Fresno Master Schedule of Fees, Charges and Recovered Costs. The provisions of this chapter shall not apply to the following:

A. Any ambulance or MICU owned or operated by the United States, the state, any city or any political subdivision of the state;

B. Any ambulance or MICU rendering assistance to patients during any "state of war emergency," "state of emergency" or "local emergency" as those terms are defined in the Government Code of the state.

(Ord. 89-006, § 9; Ord. 627, § 1, 1980)

The board shall set a public hearing to consider the application, to be held not later than ninety days after a completed application has been filed. The clerk of the board shall mail a notice of such hearing by first-class mail at least ten days before the hearing date to the applicant and any existing licensee within the same service zone at the address on file at the office of the treasurer-tax collector. At the hearing, the board shall receive all evidence offered by all interested persons. Within thirty days after the conclusion of such public hearing, the board shall approve, approve with conditions, or deny the license application.

(Ord. 627, § 1, 1980)

Where a completed application for a license has been filed and the board determines that there exists an immediate need for ambulance or MICU service, the board may approve issuance of a temporary license. The temporary license shall be valid for a stated period, not to exceed six months from the date of approval, and on such conditions as the board deems appropriate, or until a permanent license is approved and issued, whichever is earlier. Any person providing ambulance or MICU service to persons in the county on the effective date of this chapter shall be issued a temporary license by the board which shall be valid for sixty days. Before expiration of the temporary license, such person shall file an application for a license pursuant to this chapter, in which event the temporary license shall be extended until action has been taken on the application.

(Ord. 627, § 1, 1980)

A licensee, to be eligible for dispatch by the sheriff and for payment by the county, shall meet the requirements of this chapter and rules and regulations adopted by resolution of the board.

(Ord. 627, § 1, 1980)

The health officer shall enforce the requirements of this chapter and the rules and regulations adopted by the board upon recommendation of the health officer for governing ambulance and MICU facilities, vehicles, equipment, supplies, personnel, and methods of operation.

(Ord. 627, § 1, 1980)

If the licensee refuses to complete corrective measures upon notification by the health officer that the licensee has committed a violation of this chapter which is minor and curable, or if the health officer determines that a licensee has committed a violation of this chapter that is either substantial or not curable, the board shall set a date and time for hearing and shall send a notice of hearing by first class mail to the licensee at least ten days before the hearing date. At the hearing, the board shall consider all evidence relating to the alleged violation. If at the conclusion of the hearing the board finds that the licensee has violated any provisions of this chapter, the board may revoke, suspend, or modify the license.

(Ord. 627, § 1, 1980)

The health officer shall have the power to summarily suspend any license, if it appears in the exercise of reasonable judgment by the health officer that the failure to suspend the license presents an immediate threat or danger to the public health, safety or welfare. The health officer shall immediately give notice to the board of the suspension and the reasons for such suspension. The board shall within thirty days hold a hearing on revocation of the license.

(Ord. 627, § 1, 1980)

An application for license or renewal may be denied, or an existing license may be revoked or suspended, if the applicant, licensee, or its employee, partner, officer, or director commits or has committed any of the following:

A. Knowingly makes any false statement or fails to disclose material facts in an application, report, or other document furnished to the county;

B. In the case of an applicant or licensee, is not the real party in interest in the business;

C. Is required to register as a sex offender under the provisions of Section 290 of the California Penal Code;

D. Habitually or excessively uses or is addicted to the use of narcotics or dangerous drugs;

E. Habitually or excessively uses intoxicating beverages;

F. In the case of a driver, has been under suspension, revocation, or probation by the California Department of Motor Vehicles during the preceding three years for cause a involving the safe operation of a motor vehicle, or has been convicted of failure to stop and render aid in an accident involving injury or death, driving while intoxicated or under the influence of drugs, or reckless driving involving bodily injury;

G. In the case of a driver, has been culpably involved during the preceding year in any motor vehicle accident causing death or bodily injury or in three or more motor vehicle accidents;

H. Has been convicted during the preceding seven years of any offense involving moral turpitude, including fraud or intentional dishonesty for personal gain;

I. Has been convicted during the preceding seven years of theft or any felony involving force, violence, threat, or intimidation;

J. Aids or abets an unlicensed person to evade compliance with provisions of this chapter;

K. Permits operation of emergency ambulance or MICU service in violation of any provision of this chapter or any other law or regulation of the county, state of California, or the United States pertaining to the operation of an ambulance or MICU.

(Ord. 627, § 1, 1980)