HomeMy WebLinkAboutAdmin Order 53-04-05-F ADMINISTRATIVE ORDER NO. 53-04-05-F
of the
City Manager
AMENDING FIRST AID AND MEDICAL
TRANSPORT VEHICLE ADMINISTRATIVE RULE R-3.862
AND REPEALING ADMINISTRATIVE ORDER NO. 53-93-33-F.
The City Manager of the City of Eugene f'mds that:
A. Pursuant to the authority contained in Sections 2.019 and 3.862 of the Eugene Code,
1971, First Aid and Medical Transport Vehicle Administrative Rule R-3.862 was adopted by
Administrative Order No. 53-93-33-F on December 15, 1993.
B. Based on the findings contained in Administrative Order No. 53-04-05 issued on June
25, 2004 1 proposed to amend the Definition section (R-3.862-A) to amend the "First aid vehicle"
and "Medical transport vehicle" definitions and add new definitions for "Ambulance services,"
"Emergency care," "First aid care," and "Non-emergency care," and add "first responder" to the
certification requirements of the Employee Records section (R-3.862-C-2.(b)) of First Aid and
Medical Transport Vehicle Administrative Rule R-3.862 in order to insure compliance and
compatibility with the newly adopted Code provisions.
C. Notice of the proposed amendments was published in the Register Guard for five
consecutive days, to-w/t, July 2, 3, 4, 5, 6, 2004. The Notice was provided to those currently
registered and provided that written comments would be received thereon for a period of 15 days
from the first date of publication. No comments were received within the time or manner required
by the Notice.
Based on the above findings, which are hereby adopted, and pursuant to the authority
contained in Sections 2.019 and 3.862 of the Eugene Code, 1971, I hereby:
1. Repeal Administrative Order No. 53-93-33-F, as of the effective date of this Order.
2. Amend First Aid and Medical Transport Vehicle Administrative Rule R-3.862 as
proposed in Administrative Order No. 53-04-05, and ratify and affirm the unamended portions of
Rule R-3.862, so that First Aid and Medical Transport Vehicle Administrative Rule R-3.862
provides in full follows:
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First Aid and Medical Transport Vehicle
Administrative Rule R-3.862
R-3o862-A DEFINITIONS.
As used herein, the following words and phrases mean:
Ambulance services. The transportation of an i11, 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.
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 section.
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.
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 section.
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.
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
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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.
R-3.862-B REGISTRATION.
1. An application for a business registration, or for renewal of a business registration
required by Section 3.862 of the Eugene Code, 1971, shall be completed by each and every principal
in the business. A principal in the business includes all owners, shareholders, partners, directors,
officers and managers. The City Manager or designee may exempt certain principals from completing
an application if the City Manager or designee determines that granting such an exemption is consistent
with the objectives of the Eugene Code, 1971, and where the business demonstrates to the satisfaction
of the City Manager or designee that those principals play no role in the operation of the company.
2. The business registration application form shall generally require information relating
to the name, address, business type, manager, business intent, current rates of fare and registered agent.
A change in registered agent shall not be effective until the City receives written notice of the change.
R-3.862-C STANDARDS AND REQUIREMENTS FOR FIRST AID AND MEDICAL
TRANSPORT VEHICLE COMPANIES.
1. Insurance and Hold Harmless Agreement.
(a) Insurance. Every first aid and medical transport vehicle company shall obtain
liability insurance. The following provisions shall govern:
(1) Insurance coverage must be in the minimum amount of $200,000 for bodily
injuries to one person, $500,000 for bodily injuries from one accident, and $250,000
property damage, or in lieu of the above described coverages, a combined single limit
coverage of not less than $500,000 covering any number of claims arising out of any
single occurrence, plus cost of defense.
(2) The limits of the insurance may be increased during the term of the permit
if statutory changes are made to maximum limits of liability imposed on municipalities.
(3) Evidence of insurance coverage shall be provided to the City upon request.
(4) Every day a first aid or medical transport vehicle is operated without an
insurance policy as required by these regulations shall be deemed a separate violation,
and every person operating or permitting such operation shall be subject to enforcement
proceedings.
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(5) A first aid or medical transport vehicle company shall restrict use of
company vehicles to drivers who are insured for the vehicles being operated by the
drivers, and shall not permit a vehicle or driver to operate in an area for which no
insurance coverage is provided.
(b) Hold Harmless Agreements. All first aid and medical transport vehicle
owners/operators/companies shall furnish to the City on a form provided by the City, a signed
statement agreeing to defend, indemnify and hold harmless the City, its officials, agents, and
employees for all claims of injury to property or persons that may arise as a result of any
activity carried on by the first aid or medical transport vehicle company.
2. Records Maintained.
(a) Vehicle and Equipment Maintenance Records. The operator of all first aid
and medical transport vehicle companies shall maintain records for all vehicles used by the
operator's company. The records shall include, but not be limited to, records of supplies and
equipment carried in each vehicle; maintenance records that reflect all repairs and maintenance
performed on wheelchair immobilization apparatus; and records of all tests for vehicle brakes,
tires, steering wheels, mechanical parts and lighting equipment. The operator shall make said
records available to the City Manager or designee upon request.
(b) Employee Records. The operator of all first aid and medical transport
vehicle companies shall keep a personal history record of each employee and those records
shall contain:
(1) The complete legal name and all other names by which the employee is or
has been previously known;
(2) The employee's date of birth, height, weight, hair and eye color, Oregon
driver's license number, place of birth, social security number, and citizenship status;
(3) The employee's current address and his/her previous addresses for the past
5 years, including the dates of residence at those addresses;
(4) Documentation that the employee, at a minimum, is certified by the
State of Oregon as and emergency medical technician B, first responder, or certified
nursing assistant;
(5) A passport size photo that is not more than one year old.
(c) Service Recipient Records. The operator of first aid and medical transport
vehicle companies shall maintain a record of all services provided, which shall include
customer service records that include the name of the customer, date and time of transport, and
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origin and destination of transport. First aid vehicle owners/operators shall also indicate the
nature of the customer's injury, illness, or disability, and the assistance rendered.
(d) Complaint Records. The operators of all first aid and medical transport
vehicle companies shall maintain a record of all complaints lodged against the operator's
company and/or personnel. Those records shall reflect:
(1) The complaining party or parties by name, address, and telephone number;
(2) The incident date of the complaint and a summary of the complaint
allegation;
(3) The name(s) of personnel complained against; and
(4) A summary of the complaint inquiry and the outcome and company actions
as a result of that inquiry.
(e) Tenure of Record Maintenance. The vehicle and equipment maintenance,
service recipient and complaint records shall be kept for a period of three years after the last
date of service or complaint. Employee records shall be kept throughout the period of active
employment and for a period of one year after termination of employment.
R-3.862-D STANDARDS FOR FIRST AID AND MEDICAL TRANSPORT VEHICLES.
1. Vehicle Maintenance Requirements. Each first aid or medical transport vehicle shall
be kept clean, of good appearance, in good repair, properly equipped, and in a safe condition. To insure
the safe condition of all vehicles, the operator shall cause all vehicles to undergo such special
inspections as the City Manager or designee may require. Where such an inspection has been required,
the vehicle shall not be used until after the vehicle passes the inspection.
2. Vehicle Equipment. Each first aid and medical transport vehicle shall be equipped
with such safety equipment as is required by state and federal law, by the Eugene Code, 1971, and by
these regulations. Each first aid or medical transport vehicle shall be equipped only with the supplies
and equipment required or permitted under state law or Section 3.862 of the Eugene Code, 1971. Each
first aid vehicle shall be equipped with a fire extinguisher of a 1A10BC or 2A10BC, 2½ lb. type,
readily accessible to the driver in the area of the front seat, which shall be serviced annually and
immediately after each use.
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R~3.862~E RESTR[CTIONSo
No first aid or medical transport vehicle owner/operator shall use or permit a vehicle to be used
in a manner not in compliance with Sections 3.862 to 3.866 of the Eugene Code, 1971.
Dated and effective this ~ . day of July 2004.
Dennis M. Tay
City Manager
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