HomeMy WebLinkAboutAmbulance Service Ordinance Original 5/4/92FILED
BOOK �LD(0 PAGE 05 III
'92 RP 6 Aft 10 19
G „Y'E P. HOLDER
RECISTER OF DEEDS
HARNETT COUNTY, NO
AMBULANCE SERVICE ORDINANCE
OF
HARNETT COUNTY, NORTH CAROLINA
Adopted May 4, 1992
HARNETT COUNTY BOARD OF COMMISSIONERS
Lloyd G. Stewart, Chairman
Bill Shaw, Vice Chairman
Mack Reid Hudson
Beatrice Bailey Hill
Walt Titchener
31 V.,
TABLE OF CONTENTS
Section 1.0 Definitions . . . . . . . . . . . . . . . . .
Section 2.0 Violations . . . . . . . . . . . . . . . . .
Section 3.0 Enforcement . . . . . . . . . . . . . . . . .
Section 4.0 Franchise - Required . . . . . . . . . . . .
Section 5.0 Fee . . . . . . . . . . . . . . . . . . . .
Section 6.0 Same - Application . . . . . . . . . . . . . .
Section 7.0 Same - Granting . . . . . . . . . . . . . . .
Section 8.0 Same -Term . . . . . . . . . . . . . . . . .
Section 9.0 Standards for Ambulance Franchise . . . . . .
Section 10.0 Standards for Drivers and Attendants.
Section 11.0 Standards for Vehicles and Equipment
Section 12.0 Standards for Communications . . . .
Section 13.0 Insurance . . . . . . . . . . . . .
Section 14.0 Records . . . . . . . . . . . . . .
Section 15.0 Rates and Charges . . . . . . . . .
Section 16.0 Inspection of Records Authorized . .
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AMBULANCE SERVICES ORDINANCE
Section 1.0 Definitions
Unless the context otherwise requires, the following definitions
shall apply in the interpretation and enforcement of this
Ordinance:
A. Ambulance: The term "Ambulance" shall mean any publicly or
privately owned vehicle that is specially designed,
constructed or modified and equipped, and is intended to be
used for and is maintained or operated for the transportation
upon the streets and highways in this state of persons who are
sick, injured, wounded or otherwise incapacitated or helpless.
B. Ambulance Attendant: The term "Ambulance Attendant" shall
mean the individual who is responsible for the operation of
an ambulance and rendering assistance to the emergency medical
technician during the transportation of a patient. The
ambulance attendant shall at least be certified as an
ambulance attendant by the state.
C. Ambulance Service: The term "Ambulance Service" shall mean
a publicly or privately owned enterprise that is engaged in
the transportation of patients to emergency and /or non -
emergency medical facilities.
D. Approved: The term "Approved" shall mean approved by the
state medical care commission pursuant to the latter's rules
and regulations promulgated under G.S. section 143B -165.
E. Back -up Ambulance Service: The term "Back -up Ambulance
Service" shall mean the system of personnel and equipment
meeting the same criteria as ambulance service, but not
normally dispatched at first call response.
F. Board: The term "Board" shall mean the Harnett County Board
of Commissioners
G. County: The term "County" shall mean the Board of
Commissioners or a designated representative.
H. Dispatcher: The term "Dispatcher" shall mean a person who is
available at all times to receive requests for emergency
services, to dispatch emergency services, and to advise the
City Police, County Sheriff and Emergency Medical Facilities
of any existing or threatened emergencies.
I. Emergency: The term "Emergency" and "Emergency
Transportation Service" shall mean the operation of an
ambulance in order to provide medical care and transportation
of a patient who is in need of immediate medical treatment in
order to prevent loss of life or further aggravation of
physiological or psychological
illness or injury.
J. Emergency Medical Technician (EMT): The term "Emergency
Medical Technician" shall mean an individual who has completed
the minimum eighty one (81) hour program for emergency medical
technician certification, and is so certified by the state.
K. First Responder: The term "First Responder" shall mean the
first dispatched medical or rescue aid to arrive at the scene
and provide emergency medical assistance to stabilize the
patient while waiting for further medical aid and /or
transport.
L. Franchise: The term "Franchise" shall mean a permit issued
by the County to a person for the operation of an ambulance
service.
M. Franchisee: The term "Franchisee" shall designate the holder
of a permit issued by the county for the operation of an
ambulance service.
N. License: The term "License" shall mean any driver's license
or permit to operate a motor vehicle issued under or granted
by the laws of the state.
O. Non - emergency Transportation Service: The term "Non -
emergency Transportation Service" shall mean the operation
of an ambulance for any purpose other than an emergency.
P. Operator: The term "Operator" shall mean a person in actual
physical control of an ambulance which is in motion or which
has the engine running.
Q. Owner: The term "Owner" shall mean any person or entity who
owns and operates an ambulance service.
R. Patient: The term "Patient" shall mean an individual who is
sick, injured, wounded or otherwise incapacitated or helpless.
S. Person: The term "Person" shall mean any individual, firm,
partnership, association, corporation, company, group of
individuals acting together for a common purpose or
organization of any kind, including any governmental agency
other than the United States.
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T. Rescue: The term "Rescue" shall mean situations where the
victim cannot escape an area through the normal exit or under
his own power.
Section 2.0 Violations
A. It shall be a misdemeanor for any person to obtain or receive
ambulance service without intending at the time of obtaining
or receiving such services to pay, if financially able, the
necessary charges. A determination that the recipient of such
services has failed to pay for the services rendered for a
period of ninety (90) days after request for payment, and that
the recipient is financially able to do so, shall raise a
presumption that the recipient of the services did not intend
to pay for the services at the time they were obtained or
received
B. Violation of this article or the terms of any franchise
granted hereunder shall be a misdemeanor as provided by G.S.
section 14 -4. Each such violation also shall subject the
offender to a civil penalty in the amount of one hundred
dollars ($100.00) for each separate breach of the franchise
or violation of this article. This civil penalty must be paid
within ten (10) days after the hearing on the citation has
been held as provided in section 2- 7- 38(b). If not so paid,
such penalty may be recovered by the county as provided by
G.S. section 153A- 123(c). If the civil penalty is not paid
within the ten (10) days as provided for above, the county may
suspend or revoke the franchise.
Section 3.0 Enforcement
The Harnett County Office of Emergency Medical Services shall be
the enforcing agency for the regulations contained in this article.
Such office will:
A. Receive all franchise proposals from potential providers.
B. Study each proposal for conformance to this article.
C. Recommend to the Board of Commissioners the award of the
franchise(s) to the applicants submitting the best
proposal(s).
D. Inspect the premises, vehicles, equipment and personnel of
franchisees to assure compliance to this article and perform
any other inspections that may be required.
E. Recommend the temporary or permanent suspension of a franchise
in the event of noncompliance with the franchise terms of this
article; recommend the imposition of misdemeanor or civil
penalties as provided therein.
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F. Ensure by cooperative agreement with other ambulance services
the continued service in a district where an ambulance service
franchise has been suspended.
G. Receive monthly reports from ambulance services and
consolidate the same into a quarterly summary for review by
the Board.
H. Receive complaints from the public, other enforcing agencies
and ambulance services regarding franchise infractions; review
the complaint with the council; obtain corrective action with
the approval of the Board.
I. Recommend improvements to the county which will ensure better
medical transportation.
J. Maintain all records required by this article and other
applicable county regulations.
K. Perform such of the above functions as may be required by any
municipality within the county.
Section 4.0 Franchise - Required
A. No person, either as owner, agent or otherwise, shall furnish,
operate, conduct, maintain, advertise or otherwise be engaged
in or profess to be engaged in the business or service of
emergency and /or non - emergency transportation of patients
within the county unless the person holds a valid permit for
each ambulance used in such business or service issued by the
office of emergency medical services of the state department
of human resources and has been granted a franchise for the
operation of such business or service by the county pursuant
to this article. All ambulance and rescue units currently
operating will have six (6) months to comply with this
ordinance and apply for a franchise. If existing Ambulance
and Rescue Units fail to comply they will be required to cease
operation. '
B. No person shall drive, attend or permit a vehicle to be
operated for ambulance purposes within the county unless he
holds a currently valid certificate as an ambulance attendant
or emergency medical technician issued by the state.
C. No franchise shall be required for:
Any entity rendering assistance to a franchised ambulance
service in the case of a major catastrophe or emergency
with which the services franchised by the county are
insufficient or unable to cope: or
2. Any entity operated from a location or headquarters
outside the county in order to transport patients who
are picked up beyond the limits of the county, but no
such entity shall be used to pick up patients within the
county for transporting to locations within the county
or other locations unless it is rendering assistance as
referred to in (1) above; or
3. Law enforcement personnel; or
4. A non - profit corporation organized under the laws of the
State of North Carolina which provides emergency
ambulance and rescue service pursuant to or as the result
of a valid contract with the County of Harnett.
Section 5.0 Fee
The fee for applying for a franchise shall be in the amount
designated by the Harnett County Board of Commissioners.
Section 6.0 Same - Application
Application for a franchise to operate ambulances in the county
shall be made upon such forms as may be prepared or prescribed by
the county and shall contain:
A. The name and address of the applicant and of the owner of the
ambulance.
B. The trade or other fictitious names, if any, under which the
applicant does business, along with a certified copy of an
assumed name certificate stating such name or articles of
incorporation stating such name.
C. A resume of the training and experience of the applicant in
the transportation and care of patients.
D. A description and copy of state certification for each
ambulance owned and operated by the applicant.
E. The location and description of the place or places from which
it is intended to operate.
F. Audited financial statement of the applicant as the same
pertains to the operations in the county, such financial
statement to be in such form and in such detail as may be
required by the county.
G. A description of the applicant's capability to provide twenty
four (24) hour coverage, seven (7) days per week for the
district covered by the franchise applied for, and an accurate
estimate of the minimum and maximum times for a response to
calls within such district.
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H. Any information the county shall deem reasonably necessary for
a fair determination of the capability of the applicant to
provide ambulance service in the county in accordance with
the requirements of state laws and the provisions of this
article.
Section 7.0 Same - Grantin
A. Prior to accepting applications from applicants for the
operation of an ambulance service, the county may designate
specific service areas as franchise districts, which districts
will be established on criteria that include geographic size,
road access, the location of existing medical transportation
services, population and response time. The county shall have
the authority to redistrict or rearrange existing districts
at any time at its discretion.
B. An applicant may apply for a franchise to operate either
emergency transportation service or non - emergency
transportation service. If both types of service are to be
provided, separate application must be filed for each type.
C. Upon receipt of an application for a franchise, the county
shall schedule a time and place for hearing the applicant.
Within thirty (30) days after hearing, the county shall cause
such investigation as it may deem necessary to be made of the
applicant and his proposed operations.
D. A franchise may be granted if the county finds that:
1. The public convenience and necessity require the proposed
ambulance service.
2. Each such ambulance of the applicant, his required
equipment and the premises designated in the application
have been certified by the county and state.
3. Only duly licensed ambulance attendants and emergency
medical technicians are employed in such capacities.
Section 8.0 Same -Term
A. The county may issue a franchise hereunder to an owner of an
ambulance service, to be valid for a term to be determined by
the county, Either party, at its option, may terminate the
franchise upon sixty (60) days prior written notice to the
other party. After a notice of service termination is given,
the ambulance service shall reapply for a franchise if
continued service is desired.
B. If any franchisee shall violate or fail to comply with any
provision of this article or a franchise issued hereunder,
the franchisee shall be cited by the county for violation or
failure to comply. The county, after a hearing pursuant to
this citation, may impose a civil penalty of one hundred
dollars ($100.00) for each separate breach of the franchise
as provided in section 7.0 or may suspend or revoke the
franchise. If upon such hearing the county shall find that
the franchisee has corrected any deficiencies and has brought
his operation into compliance with the provisions of this
article, the franchise shall not be suspended or revoked, but
a civil penalty as provided in section 7.0 may be imposed.
C. Upon suspension, revocation or termination of a franchise
granted hereunder, such franchised ambulance service
immediately shall cease operation. Upon suspension,
revocation or termination of a driver's license or attendant's
certificate or emergency medical technician certificate, such
person shall cease to drive an ambulance or provide medical
care in conjunction with an ambulance
service, or attend an ambulance; and no person shall employ
or permit such individual to drive an ambulance or provide
medical care in conjunction with an ambulance service.
Section 9.0 Standards for Ambulance Franchise
A. Each franchised ambulance service shall comply at all times
with the requirements of this article, the franchise granted
hereunder, and all applicable state and local laws relating
to health, sanitation, safety, equipment and ambulance design,
and all other laws and ordinances.
B. Prior approval of the county shall be required where ownership
or control of more than ten (10) percent of the right of
control of a franchisee is acquired by a person or group of
persons acting in concert, none of whom own or control ten
(10) percent or more of such right of control, singularly or
collectively, at the date of the franchise. By its acceptance
of the franchise, a franchisee specifically agrees that any
such acquisition occurring without prior approval of the
county shall constitute a violation of the franchise by the
franchisee and shall be cause for termination at the option
of the county.
C. Any change of ownership of a franchised ambulance service
without the approval of the county shall terminate the
franchise and shall require a new application and a new
franchise and conformance with all the requirements of this
article as upon original franchising.
D. No franchise may be sold, assigned, mortgaged or otherwise
transferred without the approval of the county and a finding
of conformance with all requirements of this article as upon
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original franchising. Each franchised ambulance service, its
equipment and the premises designated in the application and
all records relating to its maintenance and operation as such,
shall be open to inspection by the state, the county or their
designated representatives.
E. No official entry made upon a franchise may be defaced,
removed or obliterated.
Section 10.0 Standards for Drivers and Attendants.
Standards for drivers and attendants as developed by the state
medical care commission as requirements for certification of
ambulance attendants and emergency medical technicians pursuant to
G.S. Article 26, Chapter 130 (section 130 -233), and Article 56,
Chapter 143 (section 143 -507 et seq.), shall be applied; and the
same are incorporated herein by reference.
Section 11.0 Standards for Vehicles and Equipment
Vehicle and equipment standards as developed by the state medical
care commission pursuant to G.S. Article 26, Chapter 130 (section
130 -232), and Article 56, Chapter 143 (section 143 -507 et seq.),
shall be applied; and the same are incorporated herein by
reference.
Section 12.0 Standards for Communications
A. Each ambulance must be equipped with a two -way VHF radio
licensed by the Federal Communications Commission which must
be in operative condition at all times. The radios must have
two (2) crystals which shall be 155.280 and 155.340 megahertz
with four channel capability.
S. Each ambulance service shall provide the county a copy of the
Federal Communications Commission license authorizing the use
of the communication equipment owned and operated by that
service.
C. Each base of operations must have at least one (1) open
telephone line. Telephone numbers must be registered with
each law enforcement agency and communications center in the
county.
Section 13.0 Insurance
No ambulance franchise shall be issued under this article, nor
shall such franchise be valid after issuance, nor shall any
ambulance be operated in the county unless there is at all times
in force and effect either insurance coverage, issued by an
insurance company licensed to do business in this state, or a bond
with personal or corporate surety, for each ambulance owned and /or
operated by or for the ambulance service, providing for the payment
of damages:
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A. In the sum of one million dollars ($1,000,000.00) for injury
to or death of individuals in accidents resulting from any
cause for which the owner of the vehicle would be liable on
account of liability imposed on him by law, regardless of
whether the ambulance was being driven by the owner or his
agent; and
B. In the sum of five hundred thousand dollars ($500,000.00) for
the loss of or damage to the property of another, including
personal property, under like circumstances, in sums as may
be required by the state or as approved by the county.
Section 14.0 Records
A. Completed State Ambulance Call Reports (ACR)
B. Record of dispatch, which shall show time call was received,
time ambulance dispatched, time arrived on scene, time arrived
at destination, time in service and time returned to base.
C. Trip record, which shall state all information required in
subsection (A) in addition to patient's address and telephone
number, condition of patient, type of medical assistance
administered before reaching hospital, total trip miles,
schedule of changes, and name of attendant and driver. The
trip record shall be so designed as to provide the patient
with a copy thereof containing all required information. A
copy of the trip record may serve as a receipt for any charges
paid.
D. Daily report log, which shall be maintained for the purpose
of identifying all persons transported in any one day..
E. Daily driver and attendant checklist and inspection report.
which shall list contents and description of operations for
each vehicle, signed by the individual verifying vehicle
operations and equipment.
F. Data sheet, to be submitted on a monthly basis to the Harnett
County Department of Emergency Medical Services.
Section 15.0 Rates and Charges
A. Each franchisee shall submit a schedule of rates to the county
for approval and shall not charge more nor less than the
approved rates without specific approval by the county.
B. No ambulance service shall attempt to collect rates on
emergency calls until the patient has reached the point of
destination, has received medical attention and is in a
condition deemed by the physician fit to consult with the
ambulance service; but such service may attempt to collect
rates with the family or guardian of the patient once the
patient is in the process of receiving medical attention.
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C. On non - emergency calls, or calls where a person requires
transportation to a non - emergency facility, attempts to
collect payment can be made before the ambulance begins its
trip.
Section 16.0 Inspection of Records Authorized
The county may inspect a franchisee's records, premises and
equipment at any time in order to ensure compliance with this
article and any franchise granted hereunder.
Duly adopted this 4th day of May, Nineteen Hundred and Ninety -Two
UnDWVMM COUNTY BOARD OF COMMISSIONERS
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Lloyd G. Stewart, Chairman
man
HONEIT couNTY, N. O.
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FILED D rC .
800 "I' PAG
RQAyLE P. HOLDER