HomeMy WebLinkAboutOrdinance No. 20320 COUNCIL ORDINANCE NUMBER 20320
COUNCIL BILL NUMBER 4870
AN ORDINANCE CONCERNING
AMBULANCE SERVICES; AMENDING
SECTIONS 2.606, 2.1990,3.005, 3.862,
3.864, 3.866, AND 3.990 OF THE EUGENE
CODE, 1971; AND REPEALING SECTIONS
3.850, 3.852, 3.854, 3.856, AND 3.858 OF
THAT CODE.
ADOPTED: May 10, 2004
PASSED: 7/0
REJECTED:
OPPOSED:
ABSENT: Nathanson
EFFECTIVE DATE: 30 days from date of Mayor's signature
ORDINANCE NO. 20320
AN ORDINANCE CONCERNING AMBULANCE SERVICES;
AMENDING SECTIONS 2.606, 2.1990, 3.005, 3.862, 3.864,
3.866, AND 3.990 OF THE EUGENE CODE, 1971; AND
REPEALING SECTIONS 3.850, 3.852, 3.854, 3.856, AND
3.858 OF THAT CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 2.606 of the Eugene Code, 1971, is amended to provide:
2.606 Ambulance Service.
(1) As used in sections 2.606 and 2.608 ofthis chapter, "ambulance service"
means the transportation of an ill, injured or disabled individual and, in
connection therewith, the administration of pro-hospital and out-of-hospital
medical, emergency or non-emergency care, if necessary.
(2) As used in sections 2.606 and 2.608 of this chapter, "emergency care"
means the performance of acts or procedures under emergency
conditions in the observation, care and counsel of the ill, injured or
disabled, or in the administration of cato or medications as prescribed
by a licensed physician, insofar as any of those acts is based upon
knowledge and application of the principles of biological, physical and
social science.
(3) As used in section 2.606 and 2.608 of this chapter, "non-emergency
care" means the performance of acts or procedures on a patient who is
not expected to die, become permanently disabled or suffer permanent
harm within the next 24 hours, including but not limited to observation,
care and counsel of a patient and the administration of medications
prescribed by a licensed physician, insofar as any of those acts are
based upon knowledge and application of the principles of biological,
physical and social science.
(4) In the event it is determined by the city manager that the community is
or will imminently be without ambulance service, the city manager is
authorized to expend public funds from whatever source to provide
ambulance service to the community until directed by the council to
cease the expenditures, until the council adopts a supplemental budget
under the Oregon Local Budget Law, or until 60 days, whichever is
less.
(5) No person shall operate an ambulance vehicle or provide ambulance
services within the corporate limits of the city unless such person is
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designated as the ambulance service provider for the city under the
Lane County Ambulance Service Area Plan, or is providing non-
emergency care as a subcontractor to the designated service provider.
The provisions of this subsection do not apply to:
(a) Vehicles and ambulances exempt from ambulance licensing
requirements of state law;
(b) Vehicles being used to render temporary assistance to the city's
designated ambulance service provider under the terms of a
mutual aid agreement, or under the supervision of the city's
designated service provider; or
(c) Vehicles operating from a business location, office or
headquarters outside the city, that are transporting a patient from
outside the city to a health care facility within the city or are
picking up a patient from within the city for transport outside the
city, or vehicles which are passing through without destination in
the city.
Section 2. Section 2.1990 of the Eugene Code, 1971 is amended by adding a
new Subsection (11) thereto, to provide:
2.1990 Penalties - Specific.
(11) Violation of section 2.606 is punishable by a fine not to exceed $5,000
or confinement in jail not to exceed 100 days, or both a fine and
imprisonment.
Section 3. Section 3.005 of the Eugene Code, 1971 is amended by deleting the
caption and definitions under the "Ambulance" heading of the Uniform Business
Practices definitions, and combining and amending the "First Aid Vehicle" and "Medical
Transport Vehicle" definitions of the Uniform Business Practices definitions to provide:
3.005 For the purposes of this chapter, the following words and phrases mean:
UNIFORM BUSINESS PRACTICES
First Aid and Medical Transport Vehicles:
Ambulance services. The transportation of an ill, injured or disabled individual
and, in connection therewith, the administration of pre-hospital and out-of-hospital
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medical, emergency or non-emergency care, if necessary.
Emergency care. The performance of acts or procedures under emergency
conditions in the observation, care and counsel of the ill, injured or disabled, or in
the administration of care or medications as prescribed by a licensed physician,
insofar as any of those acts is based upon knowledge and application of the
principles of biological, physical and social science.
First aid care. The performance of non-emergency care of a type not requiring
consultation with a physician, on a patient whose medical condition will not require
evaluation or observation during transport.
First aid vehicle. Any motor vehicle for hire that is constructed, equipped or
regularly provided for the transportation in the sitting or non-recumbent position of
persons, and in connection therewith the rendering of first aid care as defined in
this chapter.
First aid vehicle operator. Any person engaged in the operation of a first aid
vehicle.
First aid vehicle owner. Any person engaged in the business of providing first
aid vehicle services.
Non-emergency care. The performance of acts or procedures on a patient who
is not expected to die, become permanently disabled or suffer permanent harm
within the next 24 hours, including but not limited to observation, care and counsel
of a patient and the administration of medications prescribed by a licensed
physician, insofar as any of those acts are based upon knowledge and application
of the principles of biological, physical and social science.
Medical transport vehicle. Any motor vehicle for hire that is constructed,
equipped or regularly provided for the transportation in the sitting or
non-recumbent position of non-ambulatory or medically impaired persons not
requiring ambulance services as defined in this chapter.
Medical transport vehicle operator. Any person engaged in the operation of a
medical transport vehicle.
Medical transport vehicle owner. Any person engaged in the business of
providing medical transport vehicle services.
Section 4. The caption preceding Section 3.850, and Sections 3.850, 3.852,
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3.854, 3.856 and 3.858 of the Eugene Code, 1971, are repealed.
Section 5. Sections 3.862, 3.864 and 3.866 of the Eugene Code, 1971, are
amended to provide:
3.862 First Aid and Medical Transport Vehicles - Responsibilities of Owner.
(1) No person shall operate a first aid or medical transport vehicle or
business within the jurisdictional limits of the city of Eugene, including
the Eugene Airport, without first registering with the city and paying the
required fees. The provisions of this section shall not apply to first aid
and medical transport vehicles operating from a business location,
office or headquarters outside the cities of Eugene or Springfield, that
are transporting a person from outside the Eugene-Springfield area to a
health care facility within the city or are picking up persons from within
the city for transport outside the Eugene-Springfield area, or vehicles
that are passing through the city of Eugene without a destination within
the city. First aid and medical transport vehicle owners shall:
(a) Ensure that vehicles are clean, present a good appearance, are
equipped as required herein, and maintained in a safe condition
and according to manufacturer's instructions;
(b) Maintain for a period of three years and make available to the city
upon request:
1. Records of the supplies and equipment carried in each first
aid or medical transport vehicle;
2. Complete maintenance records for each vehicle; and
3. Customer service records including the name of the
customer the date and time of transport, and the origin and
destination of transport. First aid vehicle owners shall also
indicate the nature of the injury, illness or disability, and the
assistance rendered.
(c) Equip each first aid and medical transport vehicle only with
supplies and equipment that fully comply with state and local law;
(d) Equip each medical transport vehicle with a fire extinguisher, of a
1A10BC or 2A10BC, 2 1/2 pound type, readily accessible to the
driver in the area of the front seat, which shall be serviced
annually and immediately after each use;
(e) Not use or permit to be used a first aid or medical transport
vehicle which:
1. Is equipped with rotating beacons, light bars, sirens, or any
other type of emergency warning device except standard
four-way hazard flashers;
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2. Is equipped to provide oxygen administration. A first aid or
medical transport vehicle may transport persons requiring
constant oxygen administration due to chronic respiratory
conditions who use their own oxygen apparatus but who do
not require any observation, care or services that the vehicle
is not permitted to provide under this chapter;
3. Is equipped with any type of stretcher, gurney, or cot.
(f) Employ as first aid or medical transport vehicle operators only
persons who are currently certified by the State of Oregon at a
minimum as an emergency medical technician B, first responder,
or certified nursing assistant.
(g) Not use, cause to be used or permit any advertising, signing or
other communication relating to a first aid or medical transport
vehicle which contains any reference to, or which uses words,
symbols or other devices which cause or are likely to cause
confusion as to the identity of the vehicle as an ambulance.
(h) Comply with all applicable federal laws and regulations, including
the Americans with Disabilities Act, state and local laws and
regulations, including rules promulgated by the city manager.
Such rules may include, but not be limited to, the type and level of
insurance required, the form of hold harmless agreement
required, the maintenance and inspection of records, and other
inspection or vehicle requirements.
(i) First aid vehicle owners shall retain a local physician advisor who
is licensed to practice medicine by the State of Oregon and make
the physician advisor's name, address and telephone number
available to the city upon request.
(j) Provide the city, at the time of registration, and at least ten days
prior to any change thereto, a list setting forth the fares or
charges, and post a copy of the same inside the first aid or
medical transport vehicle.
(2) When transporting persons in wheelchairs, a first aid or medical transport
vehicle owner shall:
(a) Equip each first aid and medical transport vehicle with wheelchair
immobilization apparatus that maintains the wheelchair in a
stationary position;
(b) Maintain wheelchair immobilization apparatus according to
manufacturer's instructions;
(c) Maintain records for a period of three years of all repairs and
maintenance performed on wheelchair immobilization apparatus
and make all records available to the city for inspection upon
request;
(d) Transport or allow transport of persons only in an upright sitting
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position or in a reclining position when the angle of recline is not
more than 45 degrees.
(3) All owners shall be strictly liable for any violation of this chapter by an
agent or employee.
3.864 First Aid and Medical Transport Vehicles - Responsibilities of Operator.
A first aid or medical transport vehicle operator shall:
(a) At a minimum, be currently certified by the State of Oregon as an
emergency medical technician B, first responder, or a certified nursing
assistant.
(b) If transporting a person in a wheelchair, transport or allow transport of
persons only in an upright sitting position or in a reclining position when
the angle of recline is not more than 45 degrees.
(c)Comply with all applicable federal, state and local laws and regulations.
(d) A first aid vehicle operator shall also carry on his or her person while on
duty the name, address and telephone number of the physician
advisor.
3.866 First Aid and Medical Transport Vehicle - Prohibited Activities. No
person who is subject to the provisions of section 3.862 of this code shall:
(a) Use a medical transport vehicle to provide ambulance services or to
transport a person who requires or may require transportation in the
recumbent position.
(b) Use a first aid vehicle to provide ambulance services, except for first
aid care, or to transport a person who requires or may require
transportation in the recumbent position.
Section 6. Section 3.990 of the Eugene Code, 1971, is amended by adding a new
Subsection (5) thereto, to provide:
3.990 Penalties - Specific.
(5) A first violation of section 3.866 is punishable by a fine of not less than
$50, nor more than $100; a second violation of section 3.866 is
punishable by a fine of not less than $100, nor more than $500; a third or
subsequent violation of section 3.866 is punishable by a fine of not more
than $1,000 or confinement in jail not to exceed 100 days, or both a fine
and imprisonment.
Section 7. The City Recorder, at the request of, or with the concurrence of the City
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Attorney, is authorized to administratively correct any reference errors contained herein or
in other provisions of the Eugene Code, 1971, to the provisions added, amended or
repealed herein.
Passed by the City Council this Approved by the Mayor this
10th day of May, 2004 J ~"k~ay of May, 2004
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