It is the intent of this chapter to establish general operating procedures and standards for ambulance services to be provided within the city and to provide a fair and impartial means of allowing responsible private ambulance operators to provide such services as the public interest requires.
(Ord. 1312 § 1, 1994)
For purposes of this chapter, the following terms are defined:
"Advanced life support service" and "basic life support service"
mean the same as defined in the California Health and Safety Code.
"Ambulance"
means a motor vehicle, helicopter, or similar vehicle, specifically constructed, modified, equipped, or arranged and operated for the purpose of transporting patients requiring immediate or ongoing medical services, excluding the transportation of such persons to or from locations not providing medical care.
"Ambulance service"
means the activity, business or service, for hire, profit, or otherwise, of transporting one or more persons by ambulance; provided, however, ambulance service shall not include the transportation by ambulance by an employer of his or her own employees in an ambulance owned and operated by the employer solely for this purpose.
"Ambulance service operator"
means any person who operates or owns an ambulance service.
"Attendant"
means a trained, qualified individual who, regardless of whether he or she also serves as a driver, is responsible for the care of patients.
"City"
means the city of Buena Park, county of Orange, state of California.
"City council"
means the Buena Park city council.
"County"
means the county of Orange, state of California.
"County fire department"
means the Orange County Fire Department.
"Department"
means the Emergency Medical Services Agency or the Health Care Agency of the county of Orange, or as otherwise designated by the board of supervisors.
"Dispatcher"
means an individual employed by an ambulance operator responsible for sending an ambulance to provide ambulance service to a patient.
"Driver"
means an attendant who drives or pilots an ambulance.
"Emergency"
means a sudden, unforeseen injury, illness or other medical event giving rise to a need for immediate ambulance service with basic or advance life support services.
"Emergency response area"
means a geographical area in the city specified by the fire chief, within which emergency ambulance services may be provided pursuant to an agreement entered pursuant to this chapter.
"Emergency service"
means ambulance service provided in response to an emergency.
"Fire chief"
means the fire chief of the city of Buena Park.
"Health officer"
means the Orange County health officer or other official designated by the board of supervisors of Orange County to perform the health officer's functions with respect to the regulation of ambulances.
"Licensee"
means an ambulance service operator which has been granted a license by the county of Orange to provide ambulance service.
"Medical services"
means service provided by health care professionals licensed pursuant to the California Business and Professions Code or as specified by regulations adopted pursuant to this chapter.
"Paramedic"
means the same as defined in the California Health and Safety Code.
"Patient"
means a wounded, injured, sick, invalid or otherwise incapacitated person.
"Person"
means any individual, firm, corporation, partnership, association, or other group or combination acting as a unit.
"Physician"
means a medical doctor or osteopath holding a valid license or certificate to practice as such issued by the state of California.
"Public safety agency"
means any public law enforcement or fire protection agency.
(Ord. 1312 § 1, 1994)
A. 
No ambulance service operator may operate within the city, nor may any ambulance service operator be permitted to enter into an agreement with the city for the provision of ambulance services therein, without first obtaining a county ambulance service license. Applications for licenses are obtained and processed through the office of the county health officer and shall be accompanied by fees set by the county board of supervisors. This license is in addition to and not in lieu of any business or other license which is required by the city.
B. 
The provisions of this chapter shall not apply to:
1. 
Ambulances operating at the request of a public safety agency during any state of war emergency, state of emergency or local emergency as defined in the California Government Code;
2. 
Ambulance service transporting a patient from a location outside of the city regardless of the destination;
3. 
Ambulance service transporting a patient by a fixed-wing airplane.
(Ord. 1312 § 1, 1994)
A. 
The following parts of the codified ordinances of the county pertaining to the licensing and regulation of ambulances, together with all requirements, standards, criteria, definitions and performance levels therein, are adopted by reference: Sections 4-9-2 through 4-9-11, inclusive, and Sections 4-9-14 through 4-9-16, inclusive, as contained in the codified ordinances of the county.
B. 
A full, true and correct copy of each of the aforesaid parts of the codified ordinances of the county is on file in the office of the city clerk of the city.
(Ord. 1312 § 1, 1994)
A. 
On a need and necessity basis, the city shall contract with one or more licensees, following a competitive selection process, for provision of ambulance services in response to emergencies within the city or any designated emergency response area therein. Said contracts shall provide for one primary contractor per emergency response area, with secondary or back-up service by other emergency ambulance service operators as deemed necessary by the city. In awarding a contract or contracts, the city council shall, at a public hearing, consider the comparative value of competing proposals in the same manner as proposals from prospective service providers for other city services, including consideration of:
1. 
The quality of service proposed to be provided;
2. 
The level of service proposed to be provided;
3. 
The cost, if any, to the city;
4. 
The rates proposed to be charged for services to be provided;
5. 
Past performance history of prospective ambulance service operators based upon references and recommendations by the public and/or other public agencies; and
6. 
Any prior suspensions or revocations of any licenses or permits necessary to operate an ambulance service.
B. 
The fire chief shall administer the contract or contracts for ambulance service awarded by the city council under this section. Unless sooner terminated as provided therein, the term of each contract shall be three years and, at the discretion of the fire chief with concurrence of the city council, such contract may be renewed annually thereafter without utilizing a competitive selection process. The fire chief shall also prepare and keep a current list specifying the primary and secondary contract ambulance service operators for the city and any designated emergency response area therein.
C. 
In the event no proposals acceptable to the city are received for the city, or any designated emergency response area, following the competitive selection process referred to in this section, the city may designate one or more licensees to provide emergency ambulance services on a need and necessity basis, until an ambulance service agreement is entered for the affected area(s).
D. 
No person shall provide ambulance service in the city in response to, or as a result of, an emergency unless that person is a licensee requested by a physician or public safety agency. A licensee requested by a physician need not be a contractor selected pursuant to this section. Any ambulance service operator receiving a request for emergency ambulance service from other than a public safety agency shall immediately advise a public safety agency having jurisdiction in the location of such request.
E. 
No licensee responding to an emergency shall transport a patient unless:
1. 
A paramedic is present at the location of the patient; or
2. 
A physician is present at the location of the patient and directs transportation in the absence of a paramedic; or
3. 
A qualified public safety employee of the county fire department, or a duly authorized employee of a public safety agency, requests transportation in the absence of a paramedic.
Unless otherwise directed by a physician present at the location of the patient, a licensee shall transport a patient pursuant to county operational rules and regulations.
(Ord. 1312 § 1, 1994)
A. 
All ambulance service operators providing ambulance services within the city shall comply with the operational rules and regulations promulgated by the department, together with all standards, criteria and levels of performance therein. All ambulance service operators shall further comply at all times with such rules and regulations as may be imposed by this chapter, and/or by the fire chief in his or her discretion.
B. 
The health officer, the fire chief and/or their designee(s) may inspect the records, facilities, ambulances, equipment and method of operations of each licensee operating within the city, during normal business hours.
(Ord. 1312 § 1, 1994)
The city, the county, the department, any user, subscriber, public safety agency or consumer who believes, or has reason to believe, that any person has been required to pay an excessive charge for services, received inadequate services or services provided were not in compliance with the provision of this chapter, may file a written complaint with the city and/or department setting forth such allegations. The city and/or department shall notify the ambulance service operator of such complaint. The ambulance service operator shall file a written response within fifteen calendar days after receipt of notification.
(Ord. 1312 § 1, 1994)