Santa Ana Municipal Code § 14-103 License required

Footnotes:

--- (3) ---

Editor's note— Ord. No. NS-2041, § 2, adopted Jan. 2, 1990, amended this chapter by adding provisions relative to ambulance service as Art. IV, §§ 14-101—14-117; similar provisions were formerly codified as Art. III, Ch. 32 of this Code. Section 30 of said ordinance, not specifically amendatory of this Code, provided as follows:

Section 30: Any person who, as of the date of adoption of this ordinance, is the holder of a certificate of public convenience and necessity allowing such person to engage in the business of owning or operating an ambulance or ambulances in the City of Santa Ana issued pursuant to Chapter 32 of the Santa Ana Municipal Code as said chapter read prior to the adoption of this ordinance, may continue to engage in such business, subject to the provisions of such chapter as it read prior to the adoption of this ordinance, and subject to any and all conditions or restrictions attached to such certificate, and subject to all other applicable laws, until the date occurring six (6) months after the date of adoption of this ordinance, or until such person obtains the license for such person's ambulance service required by Article IV of Chapter 14 of the Santa Ana Municipal Code as added to said Code by this ordinance, whichever first occurs. Thereafter, said certificate of public convenience and necessity shall be of no further force and effect, and such person shall be required to comply with all the requirements of Article IV of Chapter 14 of the Santa Ana Municipal Code in order to continue operating an ambulance service.

It is the intent of this article to establish operating procedures and standards for medical transportation services operating within the City of Santa Ana in both emergency and other situations and to provide a fair and impartial means of allowing responsible private operators to provide such services in the public interest. This article is modeled on the requirements for the operation of ambulances in the unincorporated areas of the County of Orange, as set forth in Division 9 of Title 4 of the Codified Ordinances of the County of Orange, and is intended to serve as the basis for the enforcement of ambulance licensing requirements within the City of Santa Ana by county personnel pursuant to contract between the city and the county.

(Ord. No. NS-2041, § 2, 1-2-90)

For purposes of this article, the following terms are defined as follows:

Advanced life support service and basic life support service mean the same as defined in the California Health and Safety Code.

Ambulance means 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 services as defined in this article.

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

Ambulance service operator means any person who operates or owns an ambulance service.

Attendant means a trained, qualified individual who, regardless of whether he or she also serves as driver, is responsible for the care of patients.

City means the City of Santa Ana, California.

County means the County of Orange, State of California.

County-city agreement means an agreement between the county and the city by which the county undertakes to perform the licensing and regulation of ambulance services within the corporate limits of the city.

Department means, during all times when a county-city agreement is in effect, that unit of county government which has the responsibility for the licensing of ambulance services pursuant to the ordinances of the county. At any time when a county-city agreement is not in effect, department means the fire department of the city.

Dispatcher means an individual employed by an ambulance service operator, responsible for sending an ambulance to provide ambulance service to a patient.

Driver means an attendant who drives or pilots an ambulance.

Emergency means a sudden, unforeseen event giving rise to a need for ambulance service with basic or advanced life support services.

Emergency service means ambulance service performed in response to an emergency.

Licensee means an ambulance service operator which has been granted a license under this article to provide ambulance service.

Licensing officer means, during all times when a county-city agreement is in effect, that officer or employee of the county who has the responsibility for the licensing of ambulance services pursuant to the ordinances of the county or to designation by the board of supervisors of the county. At any time when a county-city agreement is not in effect, licensing officer means the fire chief of the city.

Medical services means services provided by health care professionals licensed pursuant to the California Business and Professions Code or as specified by regulations adopted pursuant to this article.

Paramedic means the same as defined in the California Health and Safety Code.

Patient means a wounded, injured, sick, invalid or otherwise incapacitated person.

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

Physician means a medical doctor or osteopath holding the appropriate license or certificate to practice as such with the State of California pursuant to the Business and Professions Code.

Public safety agency means any public law enforcement, fire protection agency, or forest ranger operating in the city.

(Ord. No. NS-2041, § 2, 1-2-90)

(a) It shall be unlawful for any person to be an ambulance service operator or to act in such a capacity either directly or indirectly without possession of a license issued pursuant to this article. A license shall be valid for not more than one calendar year or the expiration of the calendar year in which it was issued, whichever is shorter.

(b) The provisions of this article shall not apply to:

(1) Ambulances operated at the request of a public safety agency during any "state of war emergency," "state of emergency" or "local emergency," as defined in the Government Code.

(2) Ambulance service transporting a patient from a location outside of the city, regardless of destination.

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

(Ord. No. NS-2041, § 2, 1-2-90)

No license issued pursuant to this article can be transferred by operation of law or otherwise. The following shall be considered transfers for purposes of this section:

(a) Any change in the business structure of a license including, but not limited to, changes from or to:

(1) A sole proprietorship;

(2) A partnership, including any change in the partners; and

(3) A corporation, including any change in the shareholders, whether by operation of law or otherwise.

(b) Bankruptcy, an assignment for the benefit of creditors, or the appointment of a receiver.

(c) A sale or transfer of over ten (10) per cent of the assets of a licensee.

A licensee may apply to the licensing officer for an amendment to the terms of the license, which request shall be processed in the same manner as an original application. Notwithstanding anything in this section to the contrary, licenses may be suspended, revoked or terminated prior to the expiration date, pursuant to the provisions of this article.

(Ord. No. NS-2041, § 2, 1-2-90)

(a) Each application for a license shall be accompanied by an application fee, if any, set as hereinafter provided and be made upon forms prescribed by the licensing officer.

(b) Each applicant shall submit the following:

(1) The names and addresses of the applicant(s) and the owner(s) of the ambulance(s) and the business and any interest therein;

(2) The applicant's training and experience in the transportation and care of patients;

(3) The names under which the applicant has engaged, does or proposes to engage in ambulance service;

(4) A description of each ambulance including the make, model, year of manufacture, vehicle identification number, current state license number, the length of time the vehicle has been in use, and the color scheme, insignia, name, monogram and other distinguishing characteristics of the vehicle, a description of the company's program for maintenance of the vehicle, and a description of the vehicle's radio(s);

(5) Proof that the applicant has obtained all licenses and permits required by state or local law or regulation for the type of ambulance service proposed, excluding only a license to provide the service for which application is made;

(6) The names and qualifications of each attendant, driver or dispatcher employed, or to be employed, in providing ambulance service;

(7) Proof that the applicant possesses and maintains currently valid California Highway Patrol inspection reports for each vehicle listed in the application;

(8) A description of the company's training and orientation programs for attendants, drivers and dispatchers;

(9) Evidence of such financial responsibility and insurance coverage as may be required by the licensing officer pursuant to regulations adopted in accordance with this article;

(10) Identification of the geographical area to be served by the applicant, if required by the department;

(11) As to new applications or transfers as specified in section 14-104, a fingerprint receipt for each principal of the applicant, issued by the Orange County Sheriff-Coroner or the police chief of the city indicating each principal of the applicant has undergone a complete criminal history check, followed by a report from the Orange County Sheriff-Coroner or the police chief of the city showing no conviction of crimes which would be violations of the provisions of section 14-107(d)(2), (3), (4), (5), (6) or (7);

(12) A list of all substations or offices where equipment and personnel are or will be based, including hours of operation; and

(13) A description of whether the service proposed by the applicant will include basic life support services or advanced life support service and, if so:

a. The number of basic life support or advanced life support service units to be deployed on each shift; and

b. The provisions, if any, for continuing education of attendants;

(14) Such other information as the licensing officer may require in regulations adopted pursuant to this article.

(c) Renewal applications shall be submitted in the same form and require the same materials as original applications, except the requirement of item (11) of subsection (b) of this section.

(d) The fees referenced in subsection (a) of this section shall be the same as those charged by the county for the same activities undertaken by the county with regard to the licensing of ambulance services in the unincorporated areas of the county, except that, at any time that a county-city agreement is not in effect, the city council may, by resolution, establish fees differing from the county fees.

(Ord. No. NS-2041, § 2, 1-2-90)

Upon receipt of a completed application and the required fee, if any, the licensing officer shall make or cause to be made such investigation as the licensing officer deems necessary to determine if:

(a) The applicant is a responsible and proper person to conduct, operate or engage in the provision of ambulance services;

(b) The applicant meets the requirements of this article and of other applicable laws, ordinances or regulations.

(Ord. No. NS-2041, § 2, 1-2-90)

(a) The licensing officer shall issue a license to an applicant if the licensing officer, after completing any investigation required pursuant to this article, determines all requirements of this article have been met and the license fee, if any, has been paid.

(b) In the event of denial, the applicant shall be informed in writing of the reasons therefor.

(c) The licensee shall obtain and keep in force during the term of a license comprehensive automobile liability insurance and professional liability insurance issued by a company authorized to do business in the State of California, acceptable to the licensing officer, insuring the owner against loss by reason of injury or damage that may result to persons or property from negligent operation or defective construction of such ambulance, or from violation of this article or any other law of the State of California or the United States. Said comprehensive automobile liability policy shall be in the sum of not less than five hundred thousand dollars ($500,000.00) for combined single limit, bodily injury and property damage. Said professional liability insurance shall be in the sum of not less than one million dollars ($1,000,000.00) per person and one million dollars ($1,000,000.00) annual aggregate. Workers' compensation insurance shall be carried covering all employees of the license holder. Before the licensing officer shall issue a license, copies of the policies, or certificates evidencing such policies, shall be filed with the licensing officer. All policies shall contain a provision requiring a thirty-day notice to be given to the department prior to cancellation, modification or reduction in limits. The amount of comprehensive automobile liability insurance shall be subject to review and adjustment by the licensing officer pursuant to regulations adopted under this article. In the use of helicopters, the equivalent insurance requirements shall apply.

(d) Grounds for denial of a license application shall be:

(1) Failure to meet the requirements of any provisions of this article;

(2) Violation by any principal of an applicant of Penal Code Section 290;

(3) Habitual or excessive use of narcotics or dangerous drugs;

(4) Conviction during the preceding seven (7) years of any crime relating to the use, sale, possession or transportation of narcotics, addictives or dangerous drugs;

(5) Habitual or excessive use of intoxicating beverages;

(6) Conviction during the preceding seven (7) years of any crime punishable as a felony in the State of California;

(7) Conviction of any crime involving moral turpitude, including fraud or intentional dishonesty for personal gain.

(e) In determining the effect of any criminal acts on the issuance or denial of a license, the licensing officer shall consider whether the criminal acts are related to the activities of an ambulance service and shall evaluate the rehabilitation of the persons involved. The licensing officer shall not consider crimes of which the applicant is or was accused but not convicted.

(Ord. No. NS-2041, § 2, 1-2-90)

(a) The licensing officer may suspend or revoke a license for failure by the licensee to comply and maintain compliance with, or for violation of, any applicable provisions, standards or requirements of state law or regulation or this article, or of any regulations promulgated hereunder. Suspension of a license is not a condition precedent to revocation of a license.

(b) Before suspension or revocation, the licensing officer shall give written notice to the licensee. Said notice shall:

(1) Specify the reasons for which the action is to be taken;

(2) Set a hearing for not more than fifteen (15) days nor less than seven (7) days after the date of the notice;

(3) Specify the date, time and place of the hearing; and

(4) Be served on the licensee either by delivery to its principal place of business or to its designated agent for service of such notices, if any.

(c) If the licensee, subsequent to service of a suspension or revocation notice under this section, remedies some or all of the conditions to which the notice refers, the licensing officer may rescind a suspension or revocation at any time.

(d) At the hearing, the licensing officer has the burden of proof and may present evidence as to why such action should be taken and to answer the evidence presented by the licensee.

(e) The licensing officer may reduce the period of time for hearing under a suspension or revocation notice to no less than twenty-four (24) hours when the licensing officer makes written preliminary findings that such action is necessary to protect the public health, safety and welfare. When, as a result of such an emergency proceeding, a license is suspended or revoked, the licensee may request an additional hearing at which the licensee will have the burden of establishing renewed compliance justifying reinstatement of the license. Such additional hearing will be commenced within five (5) days of the licensee's request. The request for, and the scheduling of, an additional hearing shall not stay operation of the suspension or revocation order.

(f) During all times when a county-city agreement is in effect, the hearings referenced in this section shall be conducted and decisions shall be made on such hearings in accordance with the procedures established by the county for hearings on the revocation or suspension of the licenses of ambulance services operating in the unincorporated areas of the county.

(g) During any time when a county-city agreement is not in effect, hearings conducted pursuant to this section shall be conducted before the fire chief of the city or his designated representative, who shall issue a written decision within thirty (30) days after the conclusion of the hearing.

(Ord. No. NS-2041, § 2, 1-2-90)

(a) In the event of a denial, suspension or revocation of a license during any time when a county-city agreement is in effect, the applicant or licensee shall have the same right to appeal such denial, suspension or revocation as is provided by the county to an applicant for, or licensee under, a license to operate an ambulance service in the unincorporated area of the county.

(b) During any time during which a city-county agreement is not in effect, a denial, suspension or revocation of a license may be appealed to the city council of the city pursuant to Chapter 3 of the Santa Ana Municipal Code.

(Ord. No. NS-2041, § 2, 1-2-90)

The licensee shall notify the licensing officer within twenty-four (24) hours after any change in ownership or management of the licensee, or any interruption of service of more than twenty-four (24) hours duration or any substantial change in staffing or equipment. For purposes of this section, the term "substantial change" shall be as defined by regulation adopted pursuant to this article.

(Ord. No. NS-2041, § 2, 1-2-90)

(a) A licensee shall only employ personnel performing tasks described in this article who comply with the requirements of this section.

(b) Attendants shall be at least eighteen (18) years of age and trained and competent in the proper use of all equipment and shall hold current "EMT 1A" certification in compliance with all state laws, rules and regulations. Additionally, each attendant shall hold a license from the licensing officer indicating compliance with this section. Applications for such licenses shall be in a form required by the licensing officer and shall be accompanied by the fee, if any, established therefor. All applicants for licenses as attendants shall be subject to the same criminal history review as required for principals of ambulance companies pursuant to this article no less than once every four (4) years. Certificates may be denied, suspended or revoked in the same form and fashion as specified for ambulance service licensees in this article. Licenses shall be valid for two (2) years from the date of issuance or certification as an Emergency Medical Technician 1A, whichever is less. Renewal of a license shall be in the same fashion as issuance of a new license.

(c) Each licensee shall have at least one dispatcher. Emergency ambulance service licensees shall have a dispatcher on a twenty-four-hour-per-day basis and shall adequately train the dispatcher to radio operation and protocols and to the emergency response area(s) served before said dispatcher begins dispatching emergency calls. For purposes of this section, "adequate" training of a dispatcher shall be that which meets state standards, if any, or local requirements. As used herein, "local requirements" means county requirements, except that, during any time when a county-city agreement is not in effect, the fire chief of the city may set local requirements which differ from those of the county.

(d) Ambulance drivers shall, in addition to the requirements of this article for attendants, maintain an appropriate license issued by the California Department of Motor Vehicles and, if applicable, the Federal Aviation Administration.

(Ord. No. NS-2041, § 2, 1-2-90)

During any period when a county-city agreement is in effect, no licensee shall charge more than those rates approved by the board of supervisors of the county for emergency ambulance services.

(Ord. No. NS-2041, § 2, 1-2-90)

(a) Those rules and regulations of the county implementing the county ordinances pertaining to the licensing and regulation of ambulance services, as such rules and regulations may be from time to time amended, except such portions thereof as pertain to emergency response areas, are hereby adopted by the city and shall apply to ambulance services operating in the city, except that, during any period when a county-city agreement is not in effect, the fire chief of the city may revise or modify such rules and regulations as he determines are appropriate to implement this article.

(b) The licensing officer or his or her designee(s) may inspect the records, facilities, transportation units, equipment and method of operations of each licensee whenever necessary and, by the licensing officer, at least annually.

(Ord. No. NS-2041, § 2, 1-2-90)

The department, any user, subscriber, public safety agency or consumer who believes, or has reason to believe, that he or another party 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 article may file a written complaint with the department setting forth such allegations. The 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.

(Ord. No. NS-2041, § 2, 1-2-90)

The licensing officer may grant variances from the terms of this article if he finds such action is necessary to protect the public health, safety or welfare. Such variances may include the issuance of a temporary license. No variance shall exceed one hundred eighty (180) days in duration.

(Ord. No. NS-2041, § 2, 1-2-90)

Violation of any provision of this article by an ambulance service operator shall be a misdemeanor.

(Ord. No. NS-2041, § 2, 1-2-90)

The fire chief of the city is authorized to establish procedures to supplement the city paramedics with private ambulance service operators in providing emergency services.

(Ord. No. NS-2041, § 2, 1-2-90)