Chapter 3 — NON-EMERGENCY — San Diego County Municipal Code

SEC. 610.301. PERMIT REQUIRED.¶

No person (either as owner, agent or otherwise) shall furnish, operate, conduct, maintain, or otherwise engage in or advertise, offer or profess to engage in non-emergency medical transport service within the unincorporated areas of the County unless the person holds a currently valid County of San Diego Non-Emergency Medical Transport Permit.

Providers who are currently permitted by the Metropolitan Transit System (MTS), or any other incorporated municipality, will be considered as having met the requirements of this Division and issued a County of San Diego Non-Emergency Medical Transport Provider's Permit upon submitting the appropriate documents outlined in Section 610.303 of this ordinance.

(Added by Ord. No. 8192 (N.S.), effective 2-4-93; amended by Ord. No. 8572 (N.S.), effective 9-14-95; amended by Ord. No. 8787 (N.S.), effective 4-29-97; amended by Ord. No. 9668 (N.S.), effective 8-14-04; amended by Ord. No. 10274 (N.S.), effective 8-29-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Exceptions & meaning →

SEC. 610.302. APPLICATION -- FORMS.¶

Each application for a Non-Emergency Medical Transport Provider's Permit shall be made upon forms prescribed by the County.

(Added by Ord. No. 8192 (N.S.), effective 2-4-93; amended by Ord. No. 8787 (N.S.), effective 4-29-97; amended by Ord. No. 9668 (N.S.), effective 8-14-04; amended by Ord. No. 10274 (N.S.), effective 8-29-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Exceptions & meaning →

SEC. 610.303. APPLICATION -- REQUIRED DATA.¶

Applications may be approved by two separate processes by which persons seeking the required County of San Diego Non-Emergency Medical Transport Provider's Permit may apply. Potential providers may apply for a Permit by Endorsement of the MTS or any other municipality's Permit or a Permit by Direct Application to the County. Each applicant for a Non- Emergency Medical Transport Provider's Permit shall submit the following data:

(a) Permit by Endorsement of the MTS Permit or any other municipality's permit

(1) Copy of completed and approved permit application;

(2) Applicant's name and business address;

(3) The name(s), under which the applicant has, does, or proposes to engage in non-emergency medical transport

service;

(4) The name and addresses of the applicant, registered owner(s), partner(s), officer(s), director(s) and all shareholders

who hold or control 10% or more of the stock of the applicant;

(5) A statement of fact and good faith from the principal owner;

(6) A Certificate of Consent to Self Insure issued by the California State Director of Industrial Relations, or a Certificate

of Worker's Compensation Insurance as required in section 610.805;

(7) Proof of liability insurance as required in Section 610.804;

(8) A description of each gurney van and/or wheelchair van including the make, model, year of manufacture, mileage

and vehicle identification number;

(9) A description of the applicant's training and orientation programs for transport personnel, including proof of ability to

staff each non-emergency medical transport vehicle with persons possessing at a minimum a current CPR completion certificate and an American Red Cross First Aid Certificate, or equivalent;

(10) An accompanying Permit fees pursuant to Section 610.601 of this Division;

(11) The applicant may be required to submit such other information as the Permit Officer deems necessary for

determination of compliance with this Division; or,

(12) An accompanying Permit fees pursuant to Section 610.601 of this Division;

(13) The applicant may be required to submit such other information as the Permit Officer deems necessary for

determination of compliance with this Division;

or,

(b) Permit by Direct Application to the County (if MTS jurisdiction is not applicable):

(1) Completed County non emergency vehicle permit application;

(2) Applicant's name and business address;

(3) The name and addresses of the applicant, registered owner(s), partner(s), officer(s), director(s), and all the shareholders who hold or control 10% or more of the stock of the applicant;

(4) A statement of fact and good faith from the principal owner;

(5) A statement of legal history, one each from the applicant, all registered owner(s), partner(s), officer(s), director(s),

and controlling shareholder(s), including criminal convictions and civil judgments;

(6) An application for a criminal history report, one each from the applicant, all registered owner(s), partner(s), officer(s), director(s), controlling shareholder(s), including criminal convictions and civil judgments. Each application for criminal history report will be processed by the San Diego County Sheriff's Department. Each person required to submit an application for criminal history report will also be required to complete a Department of Justice fingerprint card;

(7) A resume specifying the education, training, and experience of the applicant in the business of transportation

services;

(8) A description of the applicant's program for maintenance of vehicles;

(9) A description of the applicants training and orientation programs for transport personnel, including proof of ability to

staff each non-emergency medical transport vehicle with person(s) possessing, at a minimum, a current American Red Cross First Aid Certification, or equivalent;

(10) A Certificate of Consent to Self Insure issued by the California State Director of Industrial Relations, or a Certificate

of Worker's Compensation Insurance as required in Section 610.805;

(11) Proof of liability insurance as required in Section 610.804;

(12) A description of each non-emergency medical transport vehicle including the make, model, year of manufacture,

mileage and vehicle identification number;

(13) A roster of all transport personnel that lists the type and expiration date of each person's standard first aid

certification and each person's California driver's license number and expiration date;

(14) The accompanying Permit fee pursuant to Section 610.601 of this Division;

(15) The applicant may be required to submit such other information as the Permit Officer deems necessary for

determination of compliance with this Division;

(16) The applicant shall allow the Permit Officer or his/her designee to inspect all vehicles to be used for non-

emergency medical transport services.

(17) Proof of financial viability with an ability to operate for a minimum of 6 months, with profit-loss information provided

and proof of current tax payment status.

(18) Proof of business license(s) for all areas and/or cities where applicant will operate.

Exceptions & meaning →

SEC. 610.304. APPLICATION -- PERMIT ISSUANCE.¶

Within 30 days of receipt of a completed County application, the Permit Officer shall make a determination of whether the applicant meets all requirements of this Division.

Exceptions & meaning →

SEC. 610.305. APPLICATION -- DENIAL.¶

The Permit Officer may order the denial of an application for a permit or a renewal thereof if he/she finds:

(a) The applicant, or any partner, officer, director, representative or agent thereof has knowingly made a false, misleading or fraudulent statement of a material fact in the application or in any reports or other documents required to be filed with the Permit Officer pursuant to this Division;

(b) The applicant is not the owner or operator of the non-emergency medical transport service;

(c) The applicant was previously the holder of a permit issued under this Division which has been suspended or revoked and the terms or conditions of the suspension or revocation have not been fulfilled;

(d) The applicant has acted in the capacity of a permitted person of firm under this Division without having a valid permit therefor;

(e) The applicant has entered a plea of guilty to, or been found guilty of, or been convicted of a felony or a crime involving

moral turpitude; or

(f) The applicant has violated any provisions of this Division or any provisions of any other ordinance or law relating to or regulating non-emergency medical transport services.

The Permit Officer shall notify the applicant in writing of the denial within 30 days of the receipt of the application. Such notice shall be either sent by mail to the applicant's last address provided in the application or be personally delivered, and shall set forth the reasons for such denial of application.

Whenever an application for a Permit is denied, the applicant may request a hearing from the Permit Officer. Such request shall be made in writing and filed with the Permit Officer within ten days of personal delivery of the notice of denial. If the notice of denial is mailed, applicant has an additional five days to file a hearing request. The hearing shall be held not more than 20 days from the date of receipt of said request for hearing and the Permit Officer should notify the applicant of the time and place of such hearing. The hearing shall be conducted in the manner prescribed in Title 1, Division 6, Chapter 1 of the San Diego County Code of Regulatory Ordinances. The applicant shall also be entitled to the appeal provisions of Section 610.505 following the hearing before the Permit Officer. Once an application is denied, re-application will not be considered until after a minimum of twelve months after the date of the initial denial.

Exceptions & meaning →

SEC. 610.306. DECISIONS: FINALITY.¶

The decision of the Permit Officer rendered pursuant to this Chapter shall be final, unless an appeal is filed with the Clerk of the Board of Supervisors.

Exceptions & meaning →

SEC. 610.307. TERM.¶

Provider permits issued under this Division shall be valid for a period of one year unless earlier suspended, revoked or terminated.

Exceptions & meaning →

SEC. 610.308. APPLICATION -- CHANGE OF DATA.¶

Each applicant and Permit Owner shall report to the Permit Officer any change in the data required in Section610.303 within ten days of the effective date of the change.

Exceptions & meaning →

SEC. 610.309. APPLICATION -- TRANSFER OF PROVIDER PERMIT.¶

A Provider's Permit may be transferred to another person, partnership, corporation, or other entity ("Permit Transferee"). If the Transferee is another San Diego County Permitted Provider, then the Transferee shall complete a Permit Transfer Form. If the Transferee is not another San Diego County Permitted Provider, then the Transferee shall complete a new application for an Ambulance Provider's Permit.

The Permit Transferee shall notify the Permit Officer of the transfer at least 30 days in advance of the effective date of such transfer. Within ten days of receipt of the notification, the Permit Officer shall deliver to the transferee a notice of requirement for either a new Permit Transfer Form or a new application for an Ambulance Provider's Permit. Each transferee who submits an application for an Ambulance Provider's Permit under this section shall submit the same required information as is also provided in section 610.303 of this document.

(a) In the event one permitted provider acquires the operations of another permitted provider, the acquiring provider shall submit to the EMS Permit Officer within 30 days, a complete listing of all vehicles acquired (put into operation or liquidated).

(b) Vehicles transferred from one permitted provider to another permitted provider as a consequence of a merger/acquisition, must have the existing County EMS decal removed and returned to the County of San Diego EMS Office. New EMS decals shall be issued for all vehicles placed into operation.

Exceptions & meaning →

SEC. 610.310. ABANDONMENT OF PROVIDER PERMIT.¶

Upon closure, sale or liquidation of business, provider must remove all permit decals from vehicles and return the decals to the County of San Diego EMS Office.

Exceptions & meaning →

SEC. 610.311. RENEWAL OF PROVIDER PERMIT.¶

Applicants for renewal of a Non-Emergency Medical Transport Provider's Permit under this Division shall annually file with the Permit Officer an application in writing, on a form furnished by the Permit Officer, which shall include any changes in the information required in Section 610.303. The application for renewal shall be submitted to the Permit Officer at least 30 days prior to the expiration of the current permit and be accompanied by a renewal fee. Renewal of a Non-Emergency Medical Transport Provider's Permit shall require conformance with all requirements of this Division as upon issuance of the initial permit. Nothing in this Division shall be construed as requiring automatic renewal of a Permit upon its expiration and the burden of proof respecting compliance of all the requirements of this Division and of entitlement of a Permit shall be with the applicant for renewal.

(Added by Ord. No. 8787 (N.S.), effective 4-29-97; amended by Ord. No. 9668 (N.S.), effective 8-14-04; amended by Ord. No. 10274 (N.S.), effective 8-29-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Exceptions & meaning →