HomeMy WebLinkAboutItem 6 - Ambulance ServicesEUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Action: 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
Meeting Date: May 10, 2004 Agenda Item Number: 6
Department: Fire and Emergency Medical Services Staff Contact: Tom Tallon
www. cl. eugene, or. us Contact Telephone Number: 682-7105
AGENDA ITEM SUMMARY
The council will consider final action on the proposed update language to the existing code
provisions regulating the provision of ambulance services in Eugene. Staff is requesting City
Council approval of the proposed modifications.
If approved, the changes would simplify current regulatory requirements by reducing redundant
and unnecessary language, eliminating out-of-date references, and making the City's code more
consistent with existing Oregon Revised Statutes. In addition, the proposed modifications would
enhance the City's ability to regulate all medical transport vehicles, and allow for subcontracted
arrangements.
BACKGROUND
Council Action History
The original ordinance language regulating ambulance services in Eugene was drafted in the
early 1980s, as the City assumed responsibility for this vital public safety service. Since that
time, minor changes have been made periodically to update the ordinance language.
Policy Issues
None.
Council Goal Action Priority
The FY03-04 Council Goal of"Safe Community," includes an action priority that calls for steps
to be taken to enhance readiness for major emergencies. The creation of a public/private
agreement to address the growing demand for low priority, non-essential ambulance transport
service could help to preserve available advanced life support (ALS) paramedic ambulance
crews for true life-threatening emergencies more often. Also, Council Goal "Fair, Stable and
Adequate Financial Resources," states prioritize available revenue and resource allocation to
preserve and protect infrastructure and essential assets, including operations, maintenance and
preservation.
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Financial and/or Resource Considerations
The FY04 budget document refers to the ongoing operating deficit facing the Ambulance
Transport Fund (#592), and discusses the implementation of a multi-phased plan to address the
issue. This proposal represents an additional strategy for developing further service efficiencies
and cost savings within the system.
Other Background Information
In addition to emergent and immediate ambulance response, Eugene also operates a non-
emergency, pre-scheduled transfer service that regularly picks up and delivers patients for
dialysis, cancer treatment, and other routine appointments for which they are too sick to travel by
other modes of transportation. Staff believes a provision to allow the potential for sub-
contracting some basic low priority, non-essential transport services could help to preserve
needed paramedic ambulance capacity, and augment the area's overall ambulance inventory
without additional public cost.
The recently completed Standards of Response Coverage study described the challenges facing
the stability of the Ambulance Transport Fund and made several recommendations. One of these
is to consolidate the improvements made by the first two phases, and then investigate a full slate
of new process efficiencies and cost recovery methods. A key step in meeting this goal is
represented by the proposal now before the council to update the ordinance language regulating
ambulance operations in Eugene.
Timing
For budgeting and statistical consistency, it would be optimal to have the proposal receive
approval in time to allow the Fire & EMS Department to implement the incorporated changes at
the beginning of the fiscal year.
OPTIONS
Staff is asking for approval to proceed with this portion of the EMS Redesign Project. The
options are:
1. Direct staff to process the proposed ordinance language changes; or
2. Make no ordinance language changes at this time.
STAFF RECOMMENDATION
The staff recommendation is Option #1 above, to implement the proposed ordinance changes.
SUGGESTED MOTION
Move to adopt 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.
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ATTACHMENTS
A. Updated Ambulance Services Ordinance
FOR MORE INFORMATION
Staff Comact: Tom Tallon, Fire Chief
Telephone: 682-7105
Staff E-Mail: Thomas. J.Tallon~ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO.
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. (CB #4870)
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 of this chapter, "ambulance service"
r ..... ~'~""-' ,., ..... ~ .... ~] the transportation of
means LP' ........ ~ ~r'~rr~r,x~
' ill,
....... ... ....~.~, .. .j.~. ~ ... .~..~.~.....~ .. ..~..~.. .~. ..~ ...~..~..~.. .. ... .~..~ ........~j an
injured or disabled individual and, in connection therewith, the
administration of pre-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 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.
Ordinance 1
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(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.
(24) In the event [ .... ~'. ,~ .........,,-.r, .... ~o,ro,~,-.., ~ ....... ~o
..... ~,~,4 , ,.,,4,~. ,.~o,-,,,~. 3 '''~ *~° ,.,-,,4,~ ] by ity
.................... ~ .............. or it is determined the c
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 designated as the ambulance service provider for
the city under the Lane County Ambulance Service Area Plan, or
Ordinance 2
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is operating 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
Ordinance 3
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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 medical, emergency or non-emergency care, if
necessary.
Ordinance 4
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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 [,non e,mergency] transportation in the sitting or
non-recumbent position of persons, ro..m~.~,.,-, ¢.,-,,.,. ~ .... ~,.~ ....... '~oo~'~*" ~ and
L~,,~.,,,,,~ ,,,,..,,,, ,,,,,~.,~ ,,,j~,.y ,,..,, ,,.~,,.,~,,...,,,%y~j
oink, ,, .... ~ in connection therewith the
r,.,-,, .,~,...;.;,.,-, ,~,~ o,~.,,;,-,~o ,-,~ o,. ............ J
LI IgJ I ~ll Il I~ Jl I~ g~l J IV~g gl ~l I
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
Ordinance 5
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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,,r ............. ,.~,, ...,, ,..., u..., ,.~ j~ transportation in the
sitting or non-recumbent position of non-ambulatory[,-] or medically impaired
persons not requiring [tho] ambulance services [of .... h, ,~ .... ~
............... j 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,
3.854, 3.856 and 3.858 of the Eugene Code, 1971, are repealed.
r, ,1~ oM~foM ,,~Mor fhi~ ~ho~for
Ordinanco 6
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Ordinance 7
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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.
Ordinance 8
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(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
Ordinance - 9
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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;
(re) 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;
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
Ordinance- 10
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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.
(gl) 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.
(hg) 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.
(ih) 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.
(ji) First aid vehicle owners shall retain a Iocalphysician advisorwho is
Ordinance - l l
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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.
(Nj') 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
position or in a reclining position when the angle of recline is not
more than 45 degrees.
Ordinance- 12
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(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. [Nepemen
~hi~l~ ~ ~ro~ ~h~.
Dan,,ir~o ~r io li~h~ +~ r~, ,ir~ ~ fr~f~f ~, ,ri~
,x~,,~ ~, ,~ ,,,x~,y ~ ,~,,~ ~,,y u~u,,~,,~ ~,,,,~ ~,~,,~,~
Ordinance- 13
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I~ ~vr,~ri~r,i~r~ r~ir, r
,~; ,,, ~;,.,v,.,,,., ~,~,, ,~
~''1 ' '"~'~ "'~'"'""'~ '-" '~"~'~1~''''~'''''' ''"'~J'-" "~'""-"'"'"'~' "'J""Y'
J
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 forfirst
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:
$.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
Ordinance- 14
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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
Attorney, is authorized to administratively correct any reference errors contained herein or
in other provisions of the Eugene Code, '197'1, to the provisions added, amended or
repealed herein.
Passed by the City Council this Approved by the Mayor this
~ day of ,2004 ~ day of ,2004
City Recorder Mayor
Ordinance - 15
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