[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-12-2020 by Ord. No. 4669-20]
A. 
The purpose of this article is to preserve and enhance the availability of emergency medical services for legitimate medical emergency situations in the Township by regulating the use of emergency medical services in certain nonemergency situations.
B. 
For the purposes of this article, "patient care facilities" are defined as all state-licensed nursing homes, rest homes, health maintenance organizations, assisted living facilities, health-care facilities providing in-patient services, and other licensed or unlicensed medical care providers with the capacity to treat 10 or more outpatients simultaneously.
A. 
All patient care facilities located within the Township are required to own, lease, rent or have promptly available by contract sufficient, appropriately staffed private ambulance services for the treatment and transport of patients in need of nonemergency medical care. Such ambulance services shall be available 365 days per year and 24 hours per day.
B. 
Each patient care facility subject to this article shall file proof of compliance with Subsection A within 60 days of the effective date of this article and thereafter annually on or before January 1.
(1) 
The required proof must consist of a written contract with no less than two private ambulance service providers under which such providers are obligated to respond promptly to the patient care facility.
(2) 
Alternatively, if the patient care facility elects to own, operate, and provide its own ambulance service, then the required proof must consist of written documentation identifying the make, model, year, color, serial number, license plate number, location, and staffing of each ambulance.
(3) 
The required proofs must be timely submitted to the Township Clerk along with a certification signed by the resident director, manager, or other authorized corporate officer of the patient care facility affirming: (a) that adequate private ambulance services are available; and (b) that all agents and employees of the facility have been apprised of and trained in the use of such private ambulance services.
A. 
The failure of a patient care facility to comply with the requirements of § 310-2A and B constitutes a violation of this article. Both the patient care facility and its resident director, manager, or authorized corporate officer are liable for such violations, which are subject to the maximum fines and penalties established under N.J.S.A. 40:49-5 and 40:69A-29, and any subsequent amendments or supplements to those statutes.
B. 
In the event that an employee or agent of a patient care facility located in the Township takes actions resulting in the dispatch of an emergency medical services ("EMS") squad and the responding EMS squad, in its sole discretion, determines that the dispatch did not involve circumstances requiring the use of an advanced life support or paramedic unit, the first aid squad shall provide the Township written certification to that effect and the patient care facility shall be subject to a dispatch fee of $750, payable to the Township. Any such fees collected by the Township shall be remitted to the appropriate EMS squad pursuant to N.J.S.A. 40: 5-2.