(8-15-2023 by Ord. No.
5181-05-2023)
This article is enacted by the city pursuant to Texas Health
and Safety Code § 773.051, which provides that local governments
may establish standards for ambulances.
(8-15-2023 by Ord. No.
5181-05-2023)
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Out-of-hospital care that uses invasive medical acts (as
defined in V.T.C.A., Health and Safety Code § 773.003(1)).
Any rotary or fixed wing aircraft providing basic or advanced
life support services and patient transportation that originates within
the service area.
A written agreement between the city and one or more entities
whereby the signing parties agree to provide backup ambulance service
to one another under the terms and conditions specified in the agreement.
The transportation of patients by emergency or nonemergency
ambulance.
Out-of-hospital care that uses noninvasive medical acts (as
defined in V.T.C.A., Health and Safety Code § 773.003(2)).
The City of Burleson, Texas.
The city manager of the City of Burleson, Texas.
The city secretary of the City of Burleson, Texas.
A person certified as an "emergency care attendant" under
V.T.C.A. Health and Safety Code § 773.046.
A person certified as an "emergency medical technician" under
V.T.C.A., Health and Safety Code § 773.047 or an "advanced
emergency medical technician" under V.T.C.A., Health and Safety Code
§ 773.048, and any other class of EMT recognized by state
law or regulation.
The facility designated by the city as the central communications
center from which all services offered by the city shall be dispatched
and controlled.
The chief of the fire department of the City of Burleson,
Texas.
Any agency that provides first response to requests for emergency
medical services and, in cooperation with the ambulance service, provides
immediate on-scene care to ill or injured persons but does not transport
those persons to healthcare facilities.
The licensed physician retained through a contract with or
employed by the city who is responsible for carrying out his or her
duties under this article.
The transportation of patients by ambulance, specialized
mobile intensive care unit, specialty care transport, or aeromedical
transportation unit, including both emergency and nonemergency transports,
where such transportation originates within the service area.
Services provided by the city that are designed to enhance,
coordinate, effectively manage, and integrate out of hospital care,
in order to improve outcomes, enhance the client's experience
of care, and improve the efficiency and effectiveness of healthcare
services provided to the enrolled clients.
A person qualified as a certified or licensed "paramedic"
as defined by V.T.C.A., Health and Safety Code §§ 773.049
and 773.0495.
An individual who is ill, sick, injured, wounded, or otherwise
incapacitated, and in need of or at risk of needing medical care at
the scene of a medical emergency or during transport to or from a
healthcare facility.
Any individual, firm, association, partnership, corporation,
governmental entity, or other group, or a combination of the same
acting as a unit.
That geographical area which is contained within the corporate
limits of the city.
Any public event located within the service area for which
standby ambulance service is arranged in advance, and for which an
ambulance is hired by the sponsor of the event or other interested
party.
A vehicle which is specially constructed, equipped, staffed,
and employed in the interfacility transport of patients whose requirements
for en route medical support are likely to exceed the clinical capabilities
of an advanced life support ambulance.
The transportation of a critically injured or ill patient
at a level of service beyond the scope of the EMT-paramedic when the
patient's condition requires ongoing care that must be furnished
by one or more health professionals in an appropriate specialty area;
for example, emergency or critical care nursing, emergency medicine,
respiratory care, cardiovascular care, or a paramedic with additional
training.
(8-15-2023 by Ord. No.
5181-05-2023)
It is the purpose of this article:
(1)
To establish a regulated prehospital emergency medical services and
medical transportation system which can provide quality clinical care
with performance measures and standards, with the goal of facilitating
the best possible outcomes for each patient;
(2)
To establish a mobile integrated healthcare program with effective
medical direction and quality assurance and review;
(3)
To administer and operate the prehospital emergency medical services
and medical transportation system in the service area and to administer
and operate the mobile integrated healthcare program; and
(4)
To designate city as the sole-provider of emergency and nonemergency
ambulance service including interfaculty transfers and special event
stand-by services within this jurisdiction to maintain consistent,
high-quality service while controlling costs through efficiencies
and economies of scale.
(8-15-2023 by Ord. No.
5181-05-2023)
(a)
The fees and charges for the use of the city ambulance service, along
with specified collection standards, shall be established by the city
council annually as part of the budget process. Upon final budget
approval by the city council, the ambulance fee schedule shall be
posted on the city's website and the emergency ambulance service
fees shall be in effect until such time as a new emergency ambulance
service fee schedule is approved.
(b)
Any person(s) receiving ambulance services shall be responsible to
remit payment to the city based upon the then-current schedule of
fees and charges in effect on the date of receipt of services. In
the case of ambulance services being received by a minor, the parent
or legal guardian shall be responsible to remit payment to the city.
(c)
The city may contract with a billing service entity for the collection
of ambulance service fees.
(8-15-2023 by Ord. No.
5181-05-2023)
The city shall have the following powers and duties:
(1)
The city is hereby designated as the sole provider of ambulance service
and special event ambulance standby service within the service area,
whether directly or indirectly through contractors, pursuant to the
terms, conditions, and provisions of this article.
(2)
The city shall provide basic and advanced life support ambulance
service in accordance with all applicable law, rules and regulations,
as well as all patient care standards that the medical director may
from time-to-time promulgate.
(3)
The city is authorized to operate an MIH program on a nonexclusive
basis in the service area.
(4)
The city may issue, suspend, revoke, and renew permits for the delivery
of first responder services in this jurisdiction by other agencies,
subject to the credentialing process by the medical director and subject
to rights of appeal to the city manager or city manager's designee.
(5)
The city may adopt standards approved by the medical director governing
the operation of specialized mobile intensive care units and for specialty
care transport within the service area, including standards limiting
the types of patients which may be transported thereby, and, subject
to the credentialing process by the medical director, may issue, suspend,
revoke, and renew permits for the operation of such units as required
by this article.
(6)
The city may adopt standards approved by the medical director governing
the operation of aeromedical transportation units within the service
area, including standards defining the circumstances under which such
units may be deployed to emergency scenes and, subject to the credentialing
process by the medical director, may issue, suspend, revoke, and renew
permits for the operation of such units as required by this article.
(7)
The city may adopt standards approved by the medical director governing
the provision of special event ambulance standby service within the
service area, and, subject to the credentialing process by the medical
director, may issue, suspend, revoke, and renew permits for the provision
of such ambulance standby service.
(8-15-2023 by Ord. No.
5181-05-2023)
(a)
It shall be unlawful:
(1)
To knowingly give false information to induce the dispatch of
an ambulance or aeromedical transportation unit.
(2)
To perform duties as an ECA, EMT, paramedic or emergency ambulance
dispatcher without current credentials issued by the medical director,
unless participating in a training program approved by the medical
director;
(3)
To permit a person to work as an ECA, EMT, paramedic or emergency
ambulance dispatcher without current credentials issued by the medical
director, unless participating in a training program approved by office
of the medical director;
(4)
To use, or cause to be used, any ambulance service other than the city, except as permitted in subsection (b) below;
(5)
For any person or entity other than the city to provide ambulance
service within this jurisdiction, unless pursuant to a written agreement
with the city;
(6)
For any person to provide medical transportation originating
in the service area without a permit issued by the city;
(7)
For any agency to provide first responder services without a
first responder permit issued by the city, unless pursuant to a first
responder agreement with the city or without a written automatic aid
or ambulance mutual aid agreement with the city;
(8)
To use an ambulance for the transportation of persons other
than in connection with the transportation of a patient.
(b)
It shall be a defense to any alleged violation of this section that
a vehicle is being used or service is provided solely in any of the
following manners:
(1)
As a privately owned vehicle not ordinarily used in the business
of transporting persons who are sick, injured, wounded, incapacitated
or helpless;
(2)
Rendering service as an ambulance at the request of the EMS
communications center upon the declaration of a disaster by this jurisdiction,
the state, or the United States; or a declaration of a major catastrophe
or extreme system overload by the fire chief;
(3)
Any ambulance owned or operated by the federal or state government;
(4)
Ambulance mutual aid calls when rendered pursuant to an ambulance
mutual aid agreement approved by the city;
(5)
Special event ambulance standby coverage, so long as such service is provided without charge by an emergency medical services volunteer provider, as defined in V.T.C.A., Health and Safety Code § 773.003(13), or the city has first declined to provide coverage and the entity providing coverage has been issued a permit by the city and is providing services in accordance with section 30-39;
(6)
Wheelchair transport services for persons other than patients,
when the service is not provided by ambulance; and
(7)
Medical transportation of a patient where the transport originates
outside the service area.
(8-15-2023 by Ord. No.
5181-05-2023)
(a)
Any person convicted of violating the provisions of section 30-36 shall be guilty of a class C misdemeanor and shall be punished by a fine not to exceed $500.00 (V.T.C.A., Penal Code § 12.23).
(b)
This section does not serve to limit any other remedies available
to the jurisdiction in law or equity.
(c)
Each violation of this article shall constitute a separate offense.
(8-15-2023 by Ord. No.
5181-05-2023)
When the driver of an emergency medical response vehicle has
reasonable grounds to believe that an emergency exists, as determined
by the city, the vehicle shall be treated as an "authorized emergency
vehicle" within the meaning of V.T.C.A., Transportation Code ch. 546
and shall be exempt from traffic laws as provided therein.
(8-15-2023 by Ord. No.
5181-05-2023)
(a)
Application for a permit for special event ambulance standby services
shall be in written form prescribed by the city, signed and sworn
to by the applicant, and shall be filed with the city secretary. The
application fee, if any, shall be set forth in the city fee schedule.
The city shall not issue a permit to an applicant unless the fire
chief has declined in writing to provide ambulance standby services
at the special event. In addition to the above, to be eligible for
a permit under this section, the applicant must:
(1)
Demonstrate it meets the standards approved by the medical director,
if any;
(2)
Agree to abide by the standards approved by the medical director,
if any, and the regulations set forth in this article;
(3)
Demonstrate and agree that the persons operating the standby
ambulance have in their possession both an appropriate, valid driver's
license issued by the state and a current state department of health
EMS certification;
(4)
Demonstrate and agree that the standby ambulance is capable
of communicating with the EMS communications center via assigned two-way
radio frequency; and
(5)
Demonstrate and agree to keep in full force and effect public
liability insurance in the amount of not less than $1,000,000.00 for
each person, $3,000,000.00 for each accident, and $100,000.00 for
property damage, to secure payment of all lawful and proper claims
arising out of the operations of the ambulance service authorized
by this section.
(b)
Any permit issued hereunder shall be subject to revocation, alteration
or suspension by the city where it shall appear that one or more of
the following conditions exist:
(1)
The permit was obtained by an application in which any material
fact was intentionally omitted or falsely stated;
(2)
The permit holder has willfully and knowingly violated or failed
to comply with any of the provisions of this article; or
(3)
The permit holder's insurance, as required herein, has
been cancelled, withdrawn or terminated.
