Any vehicle that is constructed, equipped, and regularly
provided or offered to be provided for transportation in the recumbent
position of persons suffering from illness, injury, disability, or
infirmity of any type.
An agency or person engaged in the business of furnishing
ambulance and/or emergency medical services.
Any non-hospital occurrence or situation involving illness,
injury or disability requiring immediate medical or psychiatric services,
wherein delay in the provision of such services is likely to aggravate
the condition and/or endanger personal health or safety.
Those pre-hospital functions and services which are required
to prepare for and respond to emergencies, including fire apparatus,
ambulance, treatment, communications, evaluation, and public education.
A hospital, clinic, or extended care facility that regularly
provides medical and/or psychiatric care or services.
The period of time from receipt of a call for EMS assistance
until the arrival of EMS providers.
No person shall establish, maintain or operate an ambulance or other emergency medical services business within the city unless a license for that use is obtained from the city. Every place or building where an ambulance or other emergency medical services business is offered, whether for hire or not, shall be deemed an ambulance or other emergency medical services business subject to the provisions of sections 7.030 to 7.078. Each licensee shall meet the standards as described in this chapter.
No person shall operate a vehicle as an ambulance that is not equipped, operated, and attended by the personnel as required by the rules adopted under section 7.042.
(1)
Vehicles
owned by or operated by the United States government or under contract
to an agency of the United States government;
(2)
Vehicles
being used to render temporary assistance to licensed ambulance operators
in case of a public catastrophe or emergency with which the licensed
ambulance of the city are unable to cope, or when directed to be used
to render temporary assistance by a public official at the scene of
an accident;
(3)
Vehicles
operated solely on private property or within the confines of institutional
grounds, whether or not the incidental crossing of any public street,
road or highway serving the property or grounds is involved;
(4)
Vehicles
operating from a business location, office or headquarters outside
the city, that are transporting a patient from an area outside the
city to a health care facility within the city, or vehicles which
are passing through without destination in the city;
(7)
Vehicles
operated by another municipality pursuant to an intergovernmental
agreement with the city of Springfield or vehicles operated by a subcontractor
of another municipality which municipality has entered into an intergovernmental
agreement with the city of Springfield for the provision of such ambulance
service.
[Section 7.036 amended by Ordinance No. 6262, enacted November 15, 2010]
(1)
There
is hereby created an emergency medical services board for the city
of Springfield composed of five members, including one representative
from each of the following:
(2)
In addition,
each ambulance operator’s physician medical director shall hold
an exofficio position for so long as he or she continues to act as
physician medical director to the ambulance operator.
The emergency medical services board shall meet at the request
of the city manager and shall have the following powers and duties:
(1)
To propose and revise rules necessary to implement sections 7.030 to 7.078. These rules may address, but are not limited to, the following areas:
(a)
Minimum
training and qualifications for emergency medical technicians of all
levels employed by a licensee;
(b)
Minimum
level of pre-hospital patient care and clinical sophistication to
be provided by ambulance operators;
(c)
Response
time standards;
(d)
Minimum
equipment to be contained by each vehicle of an ambulance operator;
(e)
Minimum
standards for communications systems and personnel;
(f)
Minimum
standards for information including all patient records;
(g)
Minimum
standards for records to be kept by each ambulance operator;
(2)
To review
and investigate the performance of a licensee upon request of the
city, and to make a written report to the city of its findings; and
(3)
To review
and investigate all applications for an initial license or for renewal
and to make a written report to the city of its findings.
(2)
The
city manager shall adopt temporary rules that shall expire 180 days
from the date of adoption.
(3)
The
city manager, or persons designated by the city manager in writing,
shall have the authority to:
Prior to the adoption, amendment, or repeal of any rule, the
city manager shall give notice of intended rule making by:
The notice of intended rulemaking shall state the subject matter
and purpose of the intended action in sufficient detail to inform
a person that the person’s interests may be affected, and the
time, place, and manner in which interested persons may present their
views on the intended action. This notice shall include:
(1)
A citation
of the legal authority relied upon and bearing upon the promulgation
of the rules;
(2)
A statement
of the need for the rule and a statement of how the rule is intended
to meet the need; and
(3)
A list
of the principal documents, reports, or studies, if any, prepared
by or relied upon by the city manager in considering the need for
and in preparing the rule, and a statement of the location at which
those documents are available for public inspection.
The city manager shall give interested persons reasonable opportunity
to submit data or views and shall consider fully any written submissions.
Opportunity for oral hearing shall be granted upon request, if such
request is made within seven days after giving notice of the intended
action. No additional notice of hearing to the general public shall
be required.
Notwithstanding sections 7.030 to 7.078, the city manager may adopt, amend, or suspend a rule without prior notice or hearing or upon any abbreviated notice and hearing that the manager finds practicable, if the manager prepares:
(1)
A statement
of findings that the failure to act promptly will result in serious
prejudice to the public interest of the parties concerned and the
specific reasons for the findings of prejudice;
(2)
A citation
of the legal authority relied upon and bearing upon the promulgation
of the rule;
(3)
A statement
of the need for the rule and a statement of how the rule is intended
to meet the need; and
(4)
A list
of the principal documents, reports, or studies, if any, prepared
by or relied upon by the city manager in considering the need for
and in preparing the rule, and a statement of the location at which
those documents are available for public inspection. Any rule adopted,
amended, or suspended under this subsection is temporary and may be
effective for a period of not longer than 180 days. The adoption of
a rule under this subsection does not preclude the subsequent adoption
of an identical rule under the permanent rule adoption procedures.
Any person may request in writing that the city manager mail the person copies of notices of intended action given pursuant to section 7.044. Upon receipt of any request, the city manager shall acknowledge the request, establish a mailing list, and maintain a record of all mailings made pursuant to requests.
Any interested person may petition the emergency medical services
board requesting the promulgation, amendment, or repeal of a rule.
The city manager may prescribe by rule the form or contents of the
petitions and the procedure for their submission, consideration, and
disposition. No later than 30 days after the date of submission of
a petition, the emergency medical services board shall make a recommendation
on the petition in writing to the city manager.
Unless otherwise provided by ordinance, the adoption, amendment,
or repeal of a rule by the city manager need not be based upon or
supported by evidentiary record.
Each ambulance operator shall:
(1)
Maintain
all appropriate licenses for ambulance services and ambulance vehicles
as required by the Oregon Health Division;
(2)
Comply
with the requirements of the Lane County Ambulance Service Area Plan;
(3)
Conform with the standards, requirements, and maintenance provisions stated in the rules adopted by the Oregon Health Division and under section 7.042;
(4)
Maintain
on file with the city manager, a current list of fees charged for
rendering service;
(5)
Maintain
on file with the city manager, a current copy of the name and certificate
of each emergency medical technician employed by the ambulance/EMS
operator;
(6)
Maintain and make available, upon request of the city manager, all records required by rules made pursuant to section 7.042;
(7)
Employ only emergency medical technicians who are certified by the Oregon Health Division and who meet the requirements of rules adopted under section 7.042;
(8)
Enlist
the services of a physician medical director;
(9)
Make
available, upon request, written information to the public concerning
rate information;
(10)
Meet the response times and minimum levels of are required by the rules adopted under section 7.042;
(11)
Render
emergency medical services 24 hours a day, seven days a week. Pre-hospital
medical services and ambulance transportation shall be available to
all persons in the service area without regard to race, color, creed,
gender, marital status, national origin or ability to pay;
(12)
Serve
a reasonable and logical service area;
(13)
Submit to the city, upon approval of license, proof of all insurance required by rule adopted by section 7.042;
(14)
Submit to the city, upon application for license, proof of all performance bonds required by rule adopted by section 7.042;
(15)
Notify
the city within 10 days of any change in material information contained
in the application, related materials, or license.
(1)
Within
fifteen days after receipt of an application, the city manager may
inspect and test all vehicles and equipment and inspect all proposed
vehicle location sites and crew quarters.
(2)
The
emergency medical services board shall review and investigate each
application and shall make a written report to the city manager with
its recommendation as to the ability of the applicant to meet the
requirements for a license.
The city manager may issue a license upon finding that the applicant has met all requirements of state and county law, this code, and all rules adopted under section 7.042.
(1)
A license
shall be valid from the date of issuance to the next following thirtieth
day of June and shall be renewable annually for a term of one year,
commencing on the first day of July.
(2)
An application
for renewal of an annual license shall be submitted to the city at
least 30 days prior to its expiration date and shall be accompanied
by the appropriate fees and other required documents.
(3)
The
emergency medical services board shall make a written report to the
city manager regarding the past performance of the operator/provider
applying for renewal 15 days prior to the expiration of the current
license.
(4)
Ambulance/EMS
operator shall provide 180 days’ written notice to the city
manager prior to terminating service.
(1)
Upon
request of the city manager, the emergency medical services board
shall make a written report to the city regarding the past performance
of the ambulance operator.
(2)
The
city manager may revoke or suspend a license upon finding that a licensee
fails to meet the requirements of this code or is doing business in
violation of this code or applicable federal, state, or county laws,
ordinances, rules or regulations.
(3)
Any
person whose license has been denied or revoked may, after 30 days
from the date of denial or suspension, apply for a license upon payment
of an application fee, which shall not be credited to the applicant’s
annual license fee.
(4)
Any
person whose license has been denied or revoked for a total of two
times within one year, or who has a combined total of four denials
or revocations shall be disqualified from applying for a license for
a period of two years from the date of the last revocation or denial.
(1)
Upon finding that a violation of sections 7.030 to 7.078, or applicable federal, state, city or county laws, ordinances, rules or regulations has occurred, the city shall provide written notice to the ambulance operator of the violation and demand that the violation be corrected within a reasonable time as specified in the notice. The notice shall describe with reasonable certainty the violation and the action necessary to correct the violation.
(2)
If a notice under subsection (1) of this section is given, the licensee shall notify the city when corrective action has been taken, and the city shall then cause an inspection to be made to determine compliance.
(3)
If the licensee fails to take corrective action within the time required, the city may take action under section 7.070 to revoke or suspend the license.
(4)
If the
city finds that the violation constitutes an immediate danger to the
public health and safety, the manager may, by administrative order,
direct the immediate succession of activities under the license pending
a hearing.
No ambulance operator or ambulance operator’s employee
shall:
(1)
Make
a false statement of a material fact, or omit disclosure of a material
fact, in an application for a license;
(2)
Monitor
or intercept another’s radio dispatch or transmission for profit
or gain;
(3)
Solicit
information as to accident locations by payment of any form of gratuity;
(4)
Charge
for services not performed, make duplicate charges for the same service,
or charge rates exceeding those on file with the city manager;
(5)
Perform
services of an emergency medical technician or emergency medical technician
trainee unless authorized by state law, this code, and the rules adopted
hereunder;
(6)
Fail
or refuse to promptly advise the dispatch office of receipt of a request
for emergency medical assistance or when a licensee’s ambulance
becomes available or nonavailable to respond to dispatch orders;
(7)
Respond
by ambulance to an emergency call unless so authorized by a dispatch
office or under a provision of this chapter or rule adopted hereunder;
(8)
Fail
or refuse to respond to a dispatch order from the dispatch office
when the ambulance subject to the call is available for service;
(9)
Falsify,
deface or obliterate any license or certificate required under this
chapter; or
(10)
Violate
any federal, state or county law, or any other city ordinance.
Ambulance operators licensed under sections 7.030 to 7.078 shall notify the city in writing, within five business days of receiving any written or oral notice of any adverse action, including but without limitation, any malpractice suit or arbitration action, or other suit or arbitration action otherwise naming the ambulance operator, and any other event, occurrence or situation which might materially interfere with, modify, or alter performance of any of the ambulance operator’s duties or obligations under sections 7.030 to 7.078. An ambulance operator shall also notify the city of any complaint or action against the operator by any other local, state, or federal agency, including, but without limitation, Lane County, Oregon Health Division, Healthcare Financing Administration, or Drug Enforcement Agency.
