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Ord. 0338A 10-13-86-- regi ORDINANCE NO. 338A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AMENDING AND RECODIFYING CHAPTER 9 1/2 (EMERGENCY MEDICAL SERVICES) OF THE CITY CODE OF ORDINANCES; ESTABLISHING A CITY MEDICAL SERVICE AND PROVIDING FOR ITS SUPERVISION AND CONTROL; ESTABLISHING CERTAIN PROCEDURES FOR THE OPERATION OF SUCH DEPARTMENT; DEFINING TERMS; SETTING FORTH STANDARDS FOR AMBULANCE SERVICE AND EMERGENCY MEDICAL SERVICES GENERALLY; ALLOWING FOR ADOPTION OF A FEE SCHEDULE AND COLLECTION OF FEES; DECLARING CERTAIN ACTS UNLAWFUL; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; REPEALING ORDINANCE NO. 338; HAVING A GENERAL REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the proper organization and operation of an Emergency Medical Service Department is a critical factor in providing necessary health care to the citizens of the City of Pearland, Texas; and WHEREAS, the maintenance and conduction of an Emergency Medical Service Department is an important factor in sound community growth, is a public responsibility, and fosters better provision for the health, safety and welfare of the community; and WHEREAS, the City of Pearland desires to enhance overall operations of an Emergency Medical Service Department and take all steps necessary to attain the potential to provide advanced life support for the citizens of the City of Pearland, Texas; and WHEREAS, the City Council of the City of' Pearland hereby finds and determines that for the purpose of protecting the health, safety and welfare of the people of the City of Pearland, this Ordinance and regulations, standards and sanctions herein established and the permits, requirements and fees provided therefor are necessary to accomplish such purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I. That Chapter 9 1/2 (Emergency Medical Services) of the Code of Ordinances of the City of Pearland, Texas is hereby amended and shall hereafter read as follows: 1 Section 1. Definitions For the purposes of this Chapter, certain words and phrases are defined as follows: Ambulance - A motor vehicle used, designed or redesigned, and equipped for the primary purpose of the transportation of sick or injured persons. Ambulance Service - A trip made by an ambulance to transport a sick or injured person from place to place under other than emergency circumstances. Ambulance Operator - The person, partnership or corporation holding a State ambulance permit. Commercial - All calls within the Corporate Limits of the City of Pearland, Texas, in which accident falls under jurisdiction -of the Texas Workmen's Compensation Act and not in an M1 or M2 area. Department - The City Emergency Medical Service and the members, officers and employees thereof. Direct Call - A request for ambulance service made by telephone or other means directly to an ambulance operator, his agents or employees. Emergency Ambulance - An ambulance used, designed, redesigned, or equipped for the purpose of transporting sick or injured persons under emergency circumstances, and the rendering of first aid. Emergency Circumstance - The existence of circumstances in which the element of time in expeditiously transporting a sick or injured person for medical or surgical treatment is essential to the health or life of such person, and in which rescue operations or competent first aid or both at the place of emergency may be essential to the health or life of such person. Emergency Ambulance Service - A trip made by an emergency ambulance under emergency circumstances to the place of emergency, performance of any necessary rescue operations, rendering of any necessary first aid assistance and the trip to the hospital or other place for medical attention. An ambulance is being operated in emergency ambulance service if all or any part of the above described trip to the place of emergency and any subsequent trip to the hospital is made on the streets within the Corporate Limits of the City of Pearland. An emergency ambulance shall also be considered an emergency ambulance service when it is responding to a call for emergency assistance even thoug*i, upon arrival.at 2 the place of emergency, it is found that no further emergency ambulance assistance is required or when it is responding to a call for routine ambulance service and during such service emergency circumstances develop (whether becanqp the call for assistance was falsely made, or otherwise). Industrial (Inside City) - All calls within the Corporate Limits of the City of Pearland, Texas and within M1 or M2 industrial classifications as set forth in the Land Use and Urban Development Ordinance of the City of Pearland, Texas, and falling under jurisdiction of the Texas Workmen's Compensation Mt. Industrial (Outside City) - All calls outside the Corporate Limits of the City of Pearland, Texas, and falling under the jurisdiction of the Texas Workmen's Compensation Act. Non -Resident - Any person not residing within the Corporate Limits of the City of Pearland, Texas. Person - The term "person" includes "partnership," "firm," "association" and "corporation." Resident - Any person residing within the Corporate Limits of the City of Pearland, Texas. Section 2. City Emergency Medical Service Established - Maintenance and Operation Generally There is hereby established a City Emergency Medical Service for rendering emergency care and/or transporting sick or injured persons within the City of Pearland, Texas. Such service shall be maintained and operated as a Department of the City of Pearland, Texas, and as an enterprise fund within the fund group of accounts maintained in accordance with Governmental Finance Officers of America standards. Section 3. City Emergency Medical Service - Supervision and Control The operation of such City Emergency Medical Service shall be under the supervision and control of the City of Pearland, Texas, through the City Manager. This Department may elect its own members and officers according to its by-laws. Said Department may adopt its own constitution and by-laws subject to ratification by the City Council. Such constitution and by-laws shall not be inconsistent with State Law, Texas Board of Health Rules and Regulations, the City Charter or City Ordinances. 3 Section 4. Board of Directors There is hereby created a Board of Directors, consisting of a Medical Director, appointed by the City Manager and confirmed by the City Council, a Director of Emergency Medical Services, elected from within the Department, and the City Manager or his designate. Such Board shall establish the basic policies under which the Department operates. Section 5. Departmental Policies, Rules and Regulations The Board of Directors shall make or prescribe such policies, rules and regulations for the conduct of the Department as it may deem nececnry or advisable, subject to the approval of City Council. Upon Council approval, all such policies, rules and regulations shall be binding on all employees of the Department. Section 6. Medical Director - Authority The Medical Director shall have control over all medical supervision, as set forth in Section 3.06 of the Texas Medical Practice Act, Art. 4495b, V.A.C.S. The. Medical Director shall be appointed for an indefinite term and may be removed at the will and pleasure of the City Manager with approval of the City Council. The Medical Director shall receive such compensation as may be fixed by City Council. Section 7. Director of Emergency Medical Services The Director of Emergency Medical Services shall be elected from within the Department membership and shall serve a term of two calendar years. This Director shall make monthly reports to the City Manager and City Council as may be required. The Director shall be responsible for the administration of the policies, rules and regulations established by the Board of Directors, City Ordinances and State Law. Section 8. Personnel Required During Operation of Emergency Ambulance It shall be unlawful to operate or drive or cause to be operated or driven an emergency ambulance on a public street of the City when furnishing emergency ambulance service, including emergency ambulances operated by the Emergency Medical 4 Service Department of the City of Pearland, unless there are available to such emergency ambulance on each trip the minimum staffing requirements as set out in Section 157.67 (a) of Emergency Medical Services Rules adopted by the Texas Board of Health under Sections 3.01 (e) and 3.03 (a) of the Texas Emergency Medical Services Act, V.A.C.S. Article 4447o. Section 9. Licensing and Operating Condition Requirements for Emergency Ambulances No emergency ambulance shall be operated upon the streets of the City for the purpose of furnishing emergency ambulance service unless and until such ambulance has a valid permit issued by the Texas Board of Health. Section 10. Safety and First Aid Equipment Required No ambulance shall be operated upon the streets of the City for the purpose of furnishing ambulance service unless such ambulance is equipped as set out in Section 157.67 of Emergency Medical Services Rules adopted by the Texas Board of Health under Section 3.01 (e) of the Texas Emergency Medical Services Act, V.A.C.S. Article 4447o. Section 11. Operation of Emergency Ambulances - Generally The operation of any emergency ambulance or emergency ambulance service within the territorial limits of the City of Pearland is hereby declared to be a governmental function of the City of Pearland, to be performed in accordance with the teens and provisions of this Chapter. Section 12. Certain Operations unlawful; Exceptions It shall be unlawful for any person, other than a member of the Department, while driving an emergency ambulance as defined herein, to furnish or attempt to furnish emergency ambulance service, or to drive or operate, or to cahlr to be driven or operated, any ambulance within the territorial limits of the City for the purpose of furnishing emergency ambulance service, except as otherwise provided herein. (a) A person may operate an ambulance in emergency ambulance service to a hospital when such person at the. time has an established place of business at a permanent address outside the City and when: 5 (1) The place of emergency at which the sick or injured patient was picked up by such ambulance is outside the City; and, (2) The ambulance performing such emergency ambulance service is,' at the time of such performance, duly permitted and being operated in accordance with the Texas Emergency Medical Services Act. (b) A person may operate an ambulance in emergency ambulance service when, by reason of Department ambulances not being available, the Department calls upon such person to furnish standby or backup emergency ambulance service within the City. (c) A person may operate an ambulance to transport an individual on a non - emergency basis upon the request of' that individual. (d) A person may operate an ambulance in emergency ambulance service when, in the course of a non -emergency transport allowed in (c) above, a medical emergency arises in which the individual requires emergency medical service. In each instance set out in (a) through (d) above, the driver or operator of such ambulance shall notify the Police dispatcher of' the conditions requiring the operation of his vehicle in emergency ambulance service, the location from which he is proceeding, and the location to which he is proceeding under emergency ambulance service. Each ambulance being operated under the provisions of this section shall comply with all general requirements of this Chapter regarding emergency ambulances of every nature. Upon arriving at his destination, the ambulance driver or ambulance operator will again notify the dispatcher that he has arrived and is no longer in emergency ambulance service. When the driver or operator of an ambulance is responding to a direct call for anbulance service, either under emergency conditions or otherwise, he shall inform the Police Department dispatcher of the location of such call and such information as he may have concerning the circumstances surrounding the request for service, and if the Police Department dispatcher reports that a City ambulance is either enroute to the same location or has arrived there and instructs such ambulance driver or operator not to respond to such call, it shall be unlawful for such driver or operator to so respond when instructed not to do so by the Police dispatcher. 6 Section 13. Duty to Render Aid and Transport It shall be the duty of the driver or the attendant of any emergency ambulance to render first aid and assistance to the sick or injured at the place of emergency. It shall further be the duty of an emergency ambulance operator to carry or transport any sick or injured person from the place of emergency to a medical facility as may be necessary without regard to the ability of the person requiring transport to pay for the service. Section 14. Solicitation Unlawful It shall be unlawful for any person, other than a member, officer or employee of the Department, while operating or accompanying an ambulance within the territorial limits of the City, to solicit the business of providing emergency medical service or transporting the sick or injured. Section15. Uncollectible Transports There is hereby created a list of ambulance accounts to be entitled, "Uncollectible Transports." The Director of Finance of the City of Pearland shall have the power to place ambulance bills on the uncollectible transports list if he determines such ambulance bills to be uncollectible. An uncollectible transport shall be defined as: (a) Emergency ambulance service provided a patient whose name and/or address is unknown, or upon whom there is otherwise insufficient information to locate the patient, or a patient using a false name and/or address, or a patient who is a minor and whose parents or next of kin are unknown, or there is otherwise insufficient information to locate the parents or next of kin. (b) Emergency ambulance service provided at least ninety (90) days previously and upon which a diligent collection effort has been made. Nothing herein shall be construed as prohibiting the turning over of uncollectible accounts to a collection agency or organization. Collection efforts shall be terminated by the City upon a reasonable showing that the person is indigent. 7 Section 16. Fee Schedule The City Council shall, from tine to tine, adopt a fee schedule of charges for services rendered or performed pursuant to this Ordinance; upon such City Council action, the fee schedule adopted shall be maintained of record in the Office of the City Secretary and in Department offices. Section 17. Interference With Department Personnel, Equipment It shall be unlawful for any person to physically obstruct any Department personnel proceeding to the scene or reported scene of any accident or emergency call, or to physically obstruct any Department personnel in the course of treating the sick or injured at any such scene. It shall be unlawful for any person to fail or refuse to surrender any sick or injured person to the care of any Department personnel at the scene of any accident or emergency call. It shall be unlawful for any person to damage, destroy or deface any attached or unattached apparatus or equipment belonging to the Department or any structure used to house or protect such apparatus or equipment. II. Any person, firm or corporation who violates or fails to comply with the requirements or provisions of this Ordinance shall be deemed guilty of a misdemeanor and shall, upon conviction by a Court of competent jurisdiction, be punished by assessment of a fine of not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00), and each day such violation or failure to comply is allowed to exist shall constitute a separate and distinct offense. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by a Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. 8 IV. City of Pearland Ordinance No. 338 is hereby expressly repealed in its entirety. In additicn, all Ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed, but only to the extent of such conflict. V. It is the intent of the City Council of the City of Pearland, Texas that this Ordinance shall constitute a recodification of Chapter 9 1/2 (Emergency Medical Services) of the City Code of Ordinances; the codifier is hereby authorized to renumber any section or subsection hereof, or to amend catchlines as necessary, to accomplish such recodification. VI. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, Texas at least once within ten (10) days after the passage of such Ordinance on second and final reading. This Ordinance shall then become effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. PASSED AND APPROVED ON FIRST READING this the an day of/tnj , A.D., 1986. City Secretary CITY OF PEARLAND, Ey .14 9 PASSED AND APPROVED ON SECOND AND FINAL READING this 43 day of A.64o A.D., 1986. ATTEST: CiT!cdit ty ta/ APPROVED AS TO FORM: ty Atto -y VOTING RECORD (FIRST READING) 09-22-86 Voting "Aye" - Councilmembers Mack, Bost and Tetens. Voting "No" - None. VOTING RECORD (SECOND READING) 10-13-86 Voting "Aye" - Councilmembers Roberts, Tetens, Frauenberger, Bost and Mack. Voting "No" - None. PUBLICATION DATE: 10-17-86 EFFECTIVE DATE: 10-27-86 PUBLISHED AS REQUIRED RY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. 10