It is the intent of this chapter to establish general operating procedures and standards for medical transportation services operating within the City in both emergency and other situations, to provide a fair and impartial means of allowing responsible private operators to provide such services in the public interest, and to provide a means for the designation of exclusive operating areas. This chapter is modeled after Division 9, Article I of Title
4 of the Codified Ordinances of the County of Orange (County Model Ambulance Ordinance No. 3517; OCC §4-9-1).
(§ 1, Ord. No. 892)
For purposes of this chapter, the following terms are defined:
"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 services as defined in this chapter.
"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.
"Attendant"
means a trained, qualified individual who, regardless of
whether he or she also serves as driver, is responsible for the care
of patients.
"County"
means the County of Orange, State of California.
"City"
means the City of San Juan Capistrano, California.
"Department"
means the Emergency Medical Services Agency of the County
of Orange or the Health Care Agency of the County of Orange, or as
otherwise designated by the Orange County Board of Supervisors.
"Dispatcher"
means an individual employed by an ambulance service 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 sudden, unforeseen event giving rise to a need for
ambulance service with basic or advanced life support services and
is a condition in which an individual has a need for immediate medical
attention, or where the potential for such need is perceived by emergency
medical personnel or a public safety agency.
"Fire Chief"
means the Fire Chief of the Orange County Fire Authority.
"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 under this chapter.
"Licensee"
means an ambulance service operator which has been granted
a license under this chapter to provide ambulance service.
"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.
"Public safety agency"
means any public law enforcement agency, fire protection
agency, or forest ranger operating in the County.
(§ 1, Ord. No. 892)
No license issued pursuant to this chapter can be transferred
by operation of law or otherwise. The following shall be considered
transfers for purposes of this section:
(a) Any
change in the business structure of a licensee, including, but not
limited to, changes from or to:
(2) A partnership, including any change in the partners; and
(3) A corporation, including any change in the shareholders, whether
by operation of law or otherwise.
(b) Bankruptcy,
an assignment for the benefit of creditors, or the appointment of
a receiver.
(c) A
sale or transfer of over 10% of the assets of a licensee.
A licensee may apply to the Health Officer for an amendment
to the terms of the license, which request shall be processed in the
same manner as an original application. Notwithstanding anything in
this section to the contrary, licenses may be suspended, revoked,
or terminated prior to the expiration date, pursuant to the provisions
of this chapter.
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(§ 1, Ord. No. 892)
Upon receipt of a completed application and the required fee,
if any, the Health Officer shall make, or cause to be made, such investigation
as the Health Officer deems necessary to determine if:
(a) The
applicant is a responsible and proper person to conduct, operate,
or engage in the provision of ambulance services;
(b) The
applicant meets the requirements of this chapter and of other applicable
laws, ordinances, or regulations.
(§ 1, Ord. No. 892)
In the event of denial, suspension, or revocation of a license,
the applicant or licensee shall have the right to request a hearing
before the Orange County Board of Supervisors, which hearing shall
be requested and conducted in the manner specified in Section 5.2-19
of the Codified Ordinances of Orange County.
(§ 1, Ord. No. 892)
The licensee shall notify the Health Officer within 24 hours
after any change in ownership or management of the licensee, or any
interruption of service of more than 24 hours duration, or any substantial
change in staffing or equipment. For purposes of this section, the
term “substantial change” shall be as defined by regulation
adopted pursuant to this chapter.
(§ 1, Ord. No. 892)
No licensee shall charge more than the maximum BLS rates approved
by the Orange County Board of Supervisors. No licensee shall charge
more than the maximum ALS rates approved by the Orange County Board
of Supervisors or the Orange County Fire Authority.
(§ 1, Ord. No. 892)
The Department, the City, any user, subscriber, public safety
agency or consumer who believes, or has reason to believe, that an
individual has been required to pay an excessive charge for services,
received inadequate services, or services provided were not in compliance
with the provisions of this chapter, may file a written complaint
with the Department and the Fire Chief setting forth such allegations.
The Department and Fire Chief shall notify the ambulance service operator
of such complaint. The ambulance service operator shall file a written
response within 15 calendar days after receipt of the notification.
(§ 1, Ord. No. 892)
As to all but Section
5-16.13 of this chapter, the Health Officer may grant variances from the terms of this chapter if he or she finds such action is necessary to protect the public health, safety, or welfare. As to Section
5-16.13 of this chapter, the Fire Chief may grant variances from the terms of this chapter if he or she finds such action is necessary to protect the public health, safety, or welfare. As to the Health Officer, such variances may include the issuance of a temporary license. No temporary license shall exceed 180 days in duration.
(§ 1, Ord. No. 892)
Violation of any provision of this chapter by an ambulance service
operator shall be a misdemeanor.
(§ 1, Ord. No. 892)