It is the policy of the city that those persons requiring convalescent transport services as defined hereinafter in Section 8.08.020 shall be assured that the vehicles are sound and safe condition, and are adequately equipped and staffed by appropriately trained personnel.
(Prior code § 5-2.01; Ord. 96-01 § 1, 1996)
As used in this chapter:
"City"
is the city of Hanford.
"City license agency"
is the city of Hartford finance department.
"Convalescent transport company"
means any private or public entity operating one or more convalescent transport vehicles.
"Convalescent transport license"
means a city convalescent transport license certifying a convalescent transport company as having complied with the provisions of this chapter.
"Convalescent transport service"
means that operational service provided by a convalescent transport vehicle meeting the requirements of all federal, state, county and city regulations.
"Convalescent transport vehicle"
means an ambulance or motor vehicle especially constructed or modified, equipped or arranged, or operated for the purpose of commercially transporting patients who could not reasonably be transported by another vehicle, but are not sick, injured or otherwise incapacitated to a degree requiring the services of an ambulance. Convalescent transportation vehicles include, but are not limited to, ambulances, litter vans and wheel chair vans (California Code of Regulations, Title 22, Division 3, Sections 51151.3 and 51151.5).
"Health officer"
means the Kings County health officer or other designated official.
"Licensee"
means any person to whom a city convalescent transport license has been issued pursuant to the provisions of this chapter.
"Local EMS agency"
means the agency, department or office having primary responsibility for administration of emergency medical services in a county and which is designated pursuant to the provisions of Division 2.5 of the California Health and Safety Code.
"Patient"
means an invalid, convalescent or infirm person.
"Person"
means any individual, firm, partnership, association, corporation, company or group of individuals acting together for a common purpose or organization of any kind, including any governmental agency other than the United States.
(Prior code § 5-2.02; Ord. 96-01 § 1, 1996)
The health officer, or his designated representative, or any designated and authorized representative of the county, including but not limited to the local EMS agency, shall have the right to inspect the convalescent transport vehicle and the equipment of any licensee or applicant for a license, for the purposes of determining compliance with the provisions of this chapter. The health officer or his designee shall inform the city licensing agency of any lack of compliance by a licensee not corrected within 30 days after licensee was notified of the violation.
(Prior code § 5-2.03; Ord. 96-01 § 1, 1996)
A. 
It is unlawful for any person or persons to operate, conduct, advertise or otherwise be engaged in or profess to be engaged in the convalescent transport business, or provide for a charge or a fee convalescent transport service upon the streets, or any public way or place within the city pursuant to this chapter unless such person or persons hold a current city convalescent transport license issued pursuant to this chapter.
B. 
Notwithstanding anything to the contrary, nothing in this section is intended to prohibit a convalescent transportation company licensed under this chapter from using litters or gurneys when providing convalescent transportation service.
(Prior code § 5-2.04; Ord. 96-01 § 1, 1996)
The city licensing agency may approve a temporary authorization for convalescent transport service operation to a provider agency based upon the city licensing agency's finding of an urgent need to implement such services in order to protect the public health and safety. Such temporary authorization shall be valid for a stated period of time not to exceed 180 days from the date of approval and upon such conditions as the city licensing agency deems appropriate, or until such provider agency becomes fully licensed pursuant to the provisions of this chapter, otherwise, such temporary authorization shall expire and the service provided by the provider agency shall, without further notice, be terminated.
(Prior code § 5-2.06; Ord. 96-01 § 1, 1996)
A. 
Application for a convalescent transport service license hereunder shall be made upon such forms as may be prescribed by the city licensing agency.
B. 
The application shall contain:
1. 
The name and address of the applicant and of the owner(s) of the convalescent transport service company;
2. 
The trade or other fictitious name, if any, under which the applicant does business and proposes to do business;
3. 
The business address of the applicant and all addresses where convalescent transport units, operating equipment and supplies are located or will be kept;
4. 
Possession of a valid city business license;
5. 
A description of each convalescent transport vehicle, including the make, model, year of manufacture, motor and chassis numbers; California vehicle license plate number; the length of time the convalescent transport vehicle has been in use; and the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate applicant's convalescent transport vehicles and a photograph of each unit as viewed from the left front corner and right rear corner of the vehicle;
6. 
Written proof of inspection and compliance with all policies and standards regarding convalescent transport vehicles as required by the local EMS agency;
7. 
Proof of ability to staff convalescent transport vehicles with persons possessing at least a current American Red Cross First Aid and Personal Safety Certification and a valid American Heart Association or Red Cross Basic Cardiac Life Support card at all times during the term of the license;
8. 
A certificate of consent to self-insure by the director of industrial relations, or a certificate of worker's compensation insurance issued by an admitted insurer, or an exact copy of duplicate thereof certified by the director or the insurer. The certificate shall state that there is in existence a valid policy of worker's compensation insurance, the expiration date of the policy and that the insurer shall give the city at least 30 days' advance notice of a cancellation or nonrenewal of the policy;
9. 
Proof of current certification and licensure of all personnel as specified in Section 8.08.110. Such proof shall include photocopies of all pertinent licenses and certification;
10. 
Such other information as the city licensing agency shall deem reasonably necessary to a fair determination of compliance with this chapter;
11. 
An accompanying nonrefundable license fee to be established by resolution of the city council.
C. 
Applications shall be filed with a designated representative of the city who shall, within 60 days after receipt of a completed application, complete or have completed such investigation as is deemed necessary; and either issue the license, or inform the applicant of the denial of license and reasons for such denial.
D. 
Any applicant denied licensure may appeal such decision pursuant to Sections 8.08.270 through 8.08.290 of this chapter.
E. 
The city licensing agency will issue a license hereunder for a specified convalescent transport service to be valid for a period of one year, unless earlier suspended, revoked or terminated, when it finds that the applicant meets the requirements of this chapter.
(Prior code § 5-2.07; Ord. 96-01 § 1, 1996)
A. 
Application for renewal of a convalescent transport service license shall be submitted upon such form as may be prescribed by the city licensing agency no more than 120 nor less than 30 days prior to the expiration of such existing provider license.
B. 
All applications for renewal must be accompanied by the prescribed nonrefundable renewal license fee as established by resolution of the city council.
C. 
Applications for renewal of an existing license shall be approved when the city licensing agency finds that all provisions of this chapter continue to be met.
D. 
Any application for renewal may be denied pursuant to the provisions of Section 8.08.180 of this chapter.
E. 
Any renewal application denial may be appealed pursuant to the provisions of sections 8.08.190 through 8.08.210 of this chapter.
(Prior code § 5-2.08; Ord. 96-01 § 1, 1996)
No provided license issued pursuant to this chapter shall be transferred through sale, assignment, subcontract, change of ownership, reorganization, merger or otherwise, except upon written prior approval by the city licensing agency, and the issuance of a new provider license. Any transfer in violation of these provisions shall result in the provider license being null and void.
(Prior code § 5-2.09; Ord. 96-01 § 1, 1996)
Each litter and/or wheelchair van shall meet the minimum vehicle and equipment standards as required by any applicable state regulation, as well as any standards as required by the city licensing agency, and county health officer, or his designee, in emergency medical services administrative policies.
(Prior code § 5-2.10; Ord. 96-01 § 1, 1996)
All personnel shall comply with the provisions of Sections 51231.1 and 51231.2 Title 22, California Code of Regulations, and all applicable local EMS agency policies and procedures.
(Prior code § 5-2.11; Ord. 96-01 § 1, 1996)
A. 
In addition to the other requirements of this chapter, convalescent transport services shall comply with the provisions of Sections 51231.1 and 51231.2 of Title 22, California Code of Regulations; and any other standards established by the city licensing agency or local EMS agency.
B. 
Licensee shall commence the provision of service within 30 days after approval of licensure by the city licensing agency, unless city licensing agency extends such time based upon the showing of good cause by the licensee. In advance of any known or foreseeable interruptions, suspensions or delays in service which may endanger the health, safety and welfare of the public, the licensee shall, without delay, notify the city licensing agency if the interruption, suspension or delay is reasonably expected to be long term.
C. 
Licensee and its personnel shall exercise good judgment and demonstrate professional behavior and competence at all times.
D. 
Licensee shall maintain any vehicle and equipment it operates in good mechanical repair and in clean and sanitary condition. The vehicles shall be equipped with all safety, emergency, communications equipment and supplies required by the California Highway Patrol, California Vehicle Code, California Code of Regulations, California Welfare and Institutions Code, California Health and Safety Code, county EMS policy and procedures, and any additional equipment required by the county EMS agency, the medical director and the city. Licensee shall maintain medical supplies, instruments and equipment, used for the care and treatment of patients in such a manner that they are sterile or sanitary when ready for use. The vehicle shall not have exterior lights or markings which may cause the public to confuse the vehicle as an ambulance.
E. 
Licensee shall make available, upon request by any person, its schedule of fees for convalescent transport service.
F. 
Licensee shall prepare and submit all documents and data specified by the city licensing agency necessary to ensure compliance with all provisions of this chapter.
G. 
Licensee shall staff each transport vehicle unit with appropriately trained personnel which shall include an appropriately trained and certified driver and if applicable, attendant. Drivers and attendants shall wear clean uniforms, maintain themselves in a neat and clean condition, conduct themselves in a professional manner, and comply with the requirements of the chapter, as well as such other requirements that may be adopted by county or city policy and procedure. Drivers and attendants shall be at least 18 years of age and of good moral character. Drivers and attendants employed by the licensee shall be trained and competent in the proper use of all equipment and supplies required for the operation of said services.
H. 
Each diver of a convalescent transport service shall be proficient in safely operating the assigned vehicle, and shall hold the appropriate state licensure for such class of service.
(Prior code § 5-2.12; Ord. 96-01 § 1, 1996)
A. 
No convalescent transport service license shall be issued under this chapter, nor shall such license be valid after issuance, nor shall any convalescent transport service be operated in the city unless there is at all times in force and effect insurance coverage, issued by an insurance company licensed to do business in the state of California, for each and every convalescent transport vehicle owned or operated by or for the applicant or licensee and providing for the payment of damages:
1. 
For injury to or death of individuals in accidents resulting from any cause for which the owner of said vehicle would be liable on account of liability imposed on him by law, regardless of whether the convalescent transport vehicle was being driven by the owner or his agent; and
2. 
For the loss of or damage to the property of another, including personal property, under like circumstances, in such sums and under such terms as may be required in regulations promulgated by the city; and
3. 
For injury or death resulting from malpractice, error or mistake in rendering or failing to render professional services.
B. 
Liability policy limits for convalescent transport service shall not be less than $300,000. All liability policies shall be combined single limit and the policy shall be endorsed naming the city, its officers, officials, agents and employees, and the Kings County EMS agency, its officers, agents and employees as additional insureds under said policy.
C. 
A certificate of insurance shall be submitted to the city licensing agency prior to issuance of each convalescent transport service license. The certificate shall show the periods covered, the limits of liability, the expiration date of the policy, and shall state that the insurer shall provide the city with at least 30 days' advance notice of the cancellation or nonrenewal of the policy.
(Prior code § 5-2.13; Ord. 96-01 § 1, 1996)
A. 
Licensing requirements of this chapter shall not apply to convalescent transport vehicle or service, or to the driver, or attendant of a convalescent transport vehicle, which:
1. 
Is rendering assistance to licensed ambulances in the case of a major catastrophe or emergency for which the licensed ambulances are insufficient or unable to cope;
2. 
Is operated by a nonlicensed provider in response to a mutual aid request made by a licensed provider or designated communications center;
3. 
Is providing nonurgent transportation of patients picked up at licensed hospitals, nursing homes or extended care facilities within the city to locations beyond the limits of the city;
4. 
Is transporting patients to a facility inside the city from a pick-up point outside the city;
5. 
Is providing specialized medical care and transportation services which are unavailable through an ambulance company.
(Prior code § 5-2.14; Ord. 96-01 § 1, 1996)
If the operator of a convalescent transport service has reasonable cause to believe that a patient or prospective patient requires, or will require within the time frame of the expected transport, the services of an ambulance rather than convalescent transport, he/she shall be required to immediately notify the designated communications center and shall report such incidents on the form provided by the city licensing agency, within 48 hours of occurrence.
(Prior code § 5-2.15; Ord. 96-01 § 1, 1996)
The city licensing agency shall enforce the requirements of this chapter and any other rules and regulations adopted by the city council for the governing of convalescent transport services.
(Prior code § 5-2.16; Ord. 96-01 § 1, 1996)
Any license, certificate or permit issued pursuant to the provisions of this chapter may be suspended, or revoked, or the issuance thereof denied by the city licensing agency based upon the grounds set forth in Section 8.08.180 of this chapter and after following the procedures set forth in Sections 8.08.180 through 8.08.200 inclusive, of this chapter.
(Prior code § 5-2.17; Ord. 96-01 § 1, 1996)
A. 
The city licensing agency may revoke or suspend a city license, or deny the application therefor, of any vehicle which fails to meet the mechanical and equipment requirements set out in state law or regulations, and the provisions of this chapter.
C. 
Emergency Suspension. The city licensing agency may suspend a license for a violation of any provision of this chapter. Such suspension of a license may be invoked without satisfying the provisions of Section 8.08.190 of this chapter upon finding by the city licensing agency that the violation cited constitutes an urgent threat to public health and safety. Such emergency suspension may not exceed 30 days.
(Prior code § 5-2.18; Ord. 96-01 § 1, 1996)
A license issued pursuant to the provisions of this chapter may be denied, suspended or revoked only after complying with the following procedures:
A. 
Upon an alleged violation of any of the provisions of this chapter or other applicable laws and regulations, the city licensing agency shall file with the city clerk, a statement of the charges identifying the acts or omissions, constituting the violation, and shall specify the chapter sections or other applicable laws or regulations violated. The statement shall also identify the recommended action that will be taken by the city licensing agency.
B. 
The city clerk shall serve a copy of the statement of charges, and recommendation of the city licensing agency, upon the licensee charged, by delivering a copy to the licensee by certified mail, postage prepaid, return receipt requested, addressed to the licensee at the place of business as shown on the license application.
C. 
Within 30 days of the date of service on the licensee, the licensee may file a written request with the city clerk for a hearing upon said charges and recommendations.
D. 
If no request for a hearing is received by the city clerk within said 30 day period, the hearing shall be deemed waived and the charges admitted. The city licensing agency may thereupon suspend or revoke the license.
E. 
Upon receipt of a request for a hearing, the city clerk shall contact the hearing officer and arrange a date, time and place for the hearing. Notice thereof shall be given to all parties, by certified mail, postage prepaid, return receipt requested.
(Prior code § 5-2.19; Ord. 96-01 § 1, 1996)
A. 
Hearing Officer. The city manager, or his designee, shall appoint a hearing officer for any hearing conducted pursuant to this chapter. The Hearing Officer shall hear all evidence presented and at the conclusion of the hearing, rule on the charges presented. If the hearing officer determines that there is sufficient evidence to deny, suspend or revoke the license, certificate or permit, then the hearing officer may thereafter direct the city licensing agency to deny, suspend or revoke the same subject to right of appeal as set hereafter.
B. 
The hearing officer is not bound by the ordinary rules of civil cases and the burden of proof is on the licensee to be established by a preponderance of the evidence that the alleged violations did not occur.
(Prior code § 5-2.20; Ord. 96-01 § 1, 1996)
Any person whose application for a certificate, license or permit is denied, or whose existing certificate, license or permit is suspended or revoked pursuant to Sections 8.08.190 and 8.08.200 of this chapter, may appeal to the city council within 30 days after the date of such denial, suspension or revocation. The appeal shall be in the form of a written notice filed with the city clerk and signed by the applicant. The notice shall have attached a copy of the written application, suspension or revocation, and shall state clearly and concisely the reasons upon which the appellant relies for its appeal. The city clerk shall set the matter for hearing within 21 days after the notice is filed and shall notify the appellant by certified mail, postage prepaid, return receipt requested, of the setting at least ten days before the hearing by the city council. At the hearing, the appellant shall have the burden of establishing to the satisfaction of the city council that it is entitled to relief sought, otherwise the denial of the application, or the suspension or revocation of the certificate, license or permit, shall stand. The determination of the city council shall be final.
(Prior code § 5-2.21; Ord. 96-01 § 1, 1996)
The city licensing agency may grant a variance to a provider from any of the terms of this chapter to the extent allowed under federal, state and local law, if it is found by the city licensing agency that such action is necessary to protect the public health, safety and welfare. In any case where a variance is allowed, such variance and any condition thereof, must be specified in writing by the city licensing agency.
(Prior code § 5-2.22; Ord. 96-01 § 1, 1996)