Shasta County Municipal Code Ch. 8.04 Ambulance Services

The purpose of this chapter is to provide for the public health, safety and welfare in the operation of prehospital emergency care resources through the establishment of effective standards for the operation, equipment and personnel of ambulance services. It is intended that this chapter be consistent with and supplement the provisions of the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (Division 2.5 of the Health and Safety Code).

(Ord. 2001-1 § 1 (part), 2001)

For the purposes of this chapter, the following definitions shall apply. These definitions are meant only to supplement and not to supplant the definitions set forth in Division 2.5 of the Health and Safety Code.

A. "Ambulance" means a vehicle certified by the California Highway Patrol that is specifically constructed, modified, equipped, designed, used and operated for transporting sick, injured, convalescent or otherwise incapacitated persons. "Medi-vans" and/or "gurney-vans" are not included in this definition, nor are they meant to be used interchangeably with "ambulance."

B. "Ambulance provider" means a person, organization, company, corporation or other entity, whether public or private, which provides ambulance services.

C. "Ambulance provider agreement" means a written agreement between the local EMS agency and an ambulance provider entered into pursuant to Section 8.04.30 of this chapter.

D. "Ambulance services" means the transportation (including, but not limited to, interfacility transfers) by an ambulance provider of sick, injured, convalescent, or otherwise incapacitated persons and the furnishing of authorized prehospital medical care in conjunction therewith.

E. "Board of supervisors" means the Shasta County board of supervisors.

F. "Chapter" means Chapter 8.04 of the Shasta County Code.

G. "County" means Shasta County.

H. "Emergency Medical Services System Act" or "act" means the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act as set forth in Division 2.5 of the Health and. Safety Code. Any reference thereto shall be deemed to refer to the act as it may be amended subsequent to the enactment of this chapter.

I. "Health and Safety Code" means the California Health and Safety Code. Any reference thereto shall be deemed to refer to the Health and Safety Code as it may be amended subsequent to the enactment of this chapter.

J. "Local EMS agency" means the entity which the Shasta County board of supervisors has designated or contracted with pursuant to the Emergency Medical Services System Act to fulfill the duties and responsibilities prescribed in the act to be undertaken by a local EMS agency as that term is defined in the act.

K. "Person" means any individual, firm, partnership association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind.

L. "Ambulance provider agreement policies and procedures" or "policies and procedures" means the terms and conditions covering ambulance provider agreements adopted by the board of supervisors by resolution.

M. "Provisional ambulance provider agreement" means an ambulance provider agreement which is of limited duration, not to exceed ninety days, executed between the local EMS agency and an ambulance provider in accordance with such directives and procedures as may hereafter be adopted by the board of supervisors.

N. "State" means the state of California.

(Ord. 2001-1 § 1 (part), 2001)

A. In conformity with the Emergency Medical Services System Act and the regulations adopted pursuant thereto, the local EMS agency shall promulgate written ambulance provider agreement policies and procedures governing the terms and conditions of all ambulance provider agreements. Those policies and procedures and any amendments thereto shall be approved by the board of supervisors by resolution.

B. The policies and procedures governing the terms and conditions of ambulance provider agreements shall include, but not be limited to, staffing and driver requirements, the certifications required for ambulance attendants, deployment and usage requirements, dispatching requirements, per-formance standards, reporting requirements, insurance and workers' compensation re-quirements, training requirements, mutual aid requirements and vehicle maintenance standards.

C. The local EMS agency is authorized to execute all ambulance provider agreements, and provisional ambulance provider agreements, so long as said agreements are in conformity with the policies and procedures and all directives and procedures approved and adopted by the board of supervisors. All ambulance provider agreements shall include a clause which incorporates, by reference, the policies and procedures and any subsequent amendments thereto.

D. The county administrative officer or his/her designee is granted authority to approve temporary exceptions to the ambulance provider agreement policies and procedures, which exception(s) shall then be incorporated into an ambulance provider agreement, or a provisional ambulance provider agreement, provided that any temporary exception(s) is/are subsequently approved by the board of supervisors within thirty days and thereafter included in the policies and procedures by resolution. If the board of supervisors does not approve a temporary exception granted by the county administrative officer or his/her designee, any ambulance provider agreement, or provisional ambulance provider agreement, executed in accordance with such a temporary exception shall, thirty days thereafter, be deemed subject to the policies and procedures which are then in effect without reference to the temporary exception granted by the county administrative officer or his/her designee. Any ambulance provider agreement, or provisional ambulance provider agreement, which includes an exception to the policies and procedures shall include a clause setting forth, in full, the provisions of this section.

E. The local EMS agency may charge administrative fees to any applicant for, or party to, an ambulance provider agreement or provisional ambulance provider agreement. The amount of said fee or fees shall be set forth on a schedule approved by resolution of the board of supervisors.

(Ord. 2001-1 § 1 (part), 2001)

No person shall furnish, operate, conduct, maintain, advertise or otherwise be engaged in, or profess to be engaged in, an ambulance service within Shasta County unless that person has a current ambulance provider agreement or current provisional ambulance provider agreement with the local EMS agency.

(Ord. 2001-1 § 1 (part), 2001)

The provisions of this chapter shall not apply:

A. To the delivery of persons from outside Shasta County who are transported to medical facilities in Shasta County by ambulances based and properly licensed in another jurisdiction;

B. To persons engaged in the provision of ambulance services when said services are rendered at the request of any county communications or dispatch center, or at the request of any law enforcement or fire protection agency during a "state of war emergency," a "state of emergency," or a "local emergency" as those phrases are now, and may hereafter, be defined in Section 8558 of the California Government Code;

C. Whenever the county health officer determines that adequate emergency ambulance services will not be available from existing providers. The exemption provided in this section shall not exceed a period of thirty days, but may be renewed for additional thirty day periods thereafter without limitation at the discretion of the county health officer should said officer determine, at the time of each renewal, that adequate emergency ambulance services will not be available from existing providers. The county health officer, in approving any thirty day exemption as provided in this section, may condition such exemption on such terms as may, in the sole discretion of the county health officer, be appropriate and shall report, in writing, to the board of supervisors each time an exemption period is authorized;

D. Whenever any peace officer, firefighter. certified emergency medical technician, registered nurse or physician arranges for the transportation of an individual in need of emergency medical care when no ambulance with a current ambulance provider agreement or provisional ambulance provider agreement is available and such transportation is required immediately;

E. To ambulances owned and operated by agencies of the federal government;

F. To ambulances owned and operated by a governmental agency which operates a search and rescue organization, provided said ambulances are not regularly used to transport patients, except as part of rescue operations;

G. To an ambulance provider that provides specialized transport services (such as, but net limited to, neonatal transport services) that are not available through those ambulance services with current ambulance provider agreements;

H. To air ambulance operations;

I. To nontransport emergency medical responses by the Shasta County fire department or other governmental providers of emergency medical response services.

(Ord. 2001-1 § 1 (part), 2001)

A. Unless otherwise provided in this chapter or by state law, a violation of any of the provisions of this chapter shall be punishable as provided in Chapter 1.08 of this code.

B. This chapter is a safety and regulatory provision necessary for the protection of the public health, welfare and safety. Unless otherwise specifically provided in this chapter or by state law, in any criminal prosecution for a violation of this chapter it is not necessary to prove knowledge or criminal intent.

(Ord. 2001-1 § 1 (part), 2001)