The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Any term not defined herein which is defined in either the Act or the regulations shall have such meaning as defined in the Act or regulations, unless the context hereof clearly indicates a different meaning is intended or required.
Act
means Texas Health and Safety Code ch. 773, also known as the Emergency Health Care Act, as it may be amended from time to time, together with such rules and regulations as have been or may be promulgated by the department thereunder (the "regulations"). The terms and provisions of this article relating to ambulances are intended to conform to the provisions of the Act and the regulations, to the extent that the act or the regulations are applicable, except in such instances herein in which a standard stricter than the minimum standards of the Act or regulations are established pursuant to Texas Health and Safety Code § 773.051.
Advanced life support
means emergency prehospital care that uses invasive medical acts.
Basic life support
means emergency prehospital care that uses noninvasive medical acts.
Department
means the Texas Department of State Health Services.
Emergency medical care
means bona fide emergency services provided after the sudden onset of a medical or traumatic condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in placing the patient's health in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part.
Emergency medical services
means services used to respond to an individual's perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury.
Emergency medical services personnel
means persons licensed or certified by the department as:
(1) 
An emergency medical technician.
(2) 
An emergency medical technician - intermediate.
(3) 
An emergency medical technician - paramedic, or a licensed paramedic.
(4) 
A licensed paramedic.
Emergency medical services provider
means a person licensed by the department to use or maintain emergency medical services vehicles, medical equipment, and emergency medical services personnel to provide emergency medical services.
Emergency medical services vehicle
means:
(1) 
A basic life support emergency medical services vehicle;
(2) 
An advanced life support emergency medical services vehicle;
(3) 
A mobile intensive care unit; or
(4) 
A specialized emergency medical services vehicle.
Emergency prehospital care
means care provided to the sick or injured before or during transportation to a medical facility, and includes any necessary stabilization of the sick or injured in connection with that transportation.
Medical facility
means hospital, clinic, physician's office, dialysis center, nursing home, extended care facility, hospice care facility, rehabilitation facility, or facility in which diagnostic, treatment, or other health care or allied health care services, are provided to sick or injured persons.
Non-emergency medical transport service
means the non-emergency or scheduled pickup from or delivery to a medical facility within the limits of the City of Harlingen of a sick or injured person and when (i) the element of time in transporting said sick or injured person to or from said medical facility is not essential to the health or life of said person or (ii) the transporting of said sick or injured person does not necessarily involve providing emergency prehospital care, emergency medical care, or emergency medical services to said sick or injured person. Non-emergency medical transport service shall not include transporting a sick or injured person in a round trip beginning and ending on the same calendar day to and from a medical facility in the City of Harlingen and originating from and returning to a location outside the limits of the City of Harlingen.
(Code 1997, § 118.001; Ordinance 08-53, adopted 8/20/2008; Ordinance 2017-30, § I, adopted 8/16/2017)
(a) 
Notwithstanding any license or certificate issued by the department to perform emergency medical services as an emergency medical services provider or emergency medical services personnel, it shall be unlawful for any person to engage in (i) furnishing or providing emergency prehospital care, emergency medical care, or emergency medical services or (ii) furnishing or providing non-emergency medical transport services by operating, driving, or transporting a sick or injured person in an emergency medical services vehicle or any other vehicle upon the public streets or alleys within the limits of the City of Harlingen unless expressly authorized by exclusive contract with the city or unless acting within the course of such person's employment by an entity that holds such an authorization.
(b) 
For purposes of this section, "transporting a sick or injured person" shall include but not be limited to being physically present in the emergency medical services vehicle or other vehicle and participating in any capacity in furnishing or providing the emergency prehospital care, emergency medical care, emergency medical services or non-emergency medical transport services.
(c) 
This section shall not apply and no authorization from the City of Harlingen shall be required, in connection with furnishing or providing emergency prehospital care, emergency medical care, or emergency medical services, to transport a sick or injured person (i) to a hospital within the limits of the City of Harlingen from a location outside the City of Harlingen, (ii) to any medical facility within or outside the City of Harlingen during a disaster or in response to a call for mutual aid, or (iii) by agreement with the provider of emergency medical services and non-emergency medical transport services that holds the exclusive authorization to provide such services under this section.
(d) 
Penalty. A violation of the foregoing subsection (a) shall be punished by a fine not to exceed $500.00 for a first offense; and any subsequent violation shall be punished by a fine not to exceed $1,000.00.
(e) 
Report to department. Upon a final conviction of a violation of the foregoing subsection (a) by a person holding a license or certificate issued by the department as an emergency medical services provider or emergency medical services personnel, the name of the person and date and nature of the violation shall be reported to the department by the chief of police.
(Code 1997, § 118.002; Ordinance 08-53, adopted 8/20/2008; Ordinance 2017-30, § I, adopted 8/16/2017)
(a) 
If the city commission determines it is necessary to provide for the health, safety and welfare of its citizens or to maintain adequate emergency and nonemergency ambulance and medical services, the city commission reserves the right to:
(1) 
For such period of time and upon such terms and conditions as it shall determine, to grant an exclusive contract to an emergency medical services provider to furnish emergency medical services and non-emergency medical transport services within the limits of the City of Harlingen; or
(2) 
Render emergency medical services with its own equipment and personnel.
(b) 
In any event, the City of Harlingen reserves the right to render emergency medical services with its own equipment and personnel and to call upon other emergency medical service providers in the event that an entity authorized as the exclusive provider under this section is unable or fails to respond to an emergency call, needs assistance at an emergency location, requires assistance in the event of a disaster which necessitates additional vehicles or personnel, or is otherwise unable to provide emergency medical services.
(Code 1997, § 118.003; Ordinance 08-53, adopted 8/20/2008; Ordinance 2017-30, § I, adopted 8/16/2017)
[1]
Editor's note — Former § 22-22, which pertained to licenses for emergency medical services and non-emergency medical transport services and derived from Code 1997, § 118.004; Ordinance 08-53, adopted 8/20/2008, was repealed 8/16/2017 by Ordinance 2017-30.
Any person or entity granted an exclusive contract to provide emergency medical services or non-emergency medical transport services within the limits of the City of Harlingen shall be deemed to have agreed to accept all calls for emergency medical services originating from the fire department or police department of the city or from any 911 dispatch service and originating within the limits of the City of Harlingen. The acceptance of such calls, except for justifiable cause to be determined by the City Commission, shall be a condition for the continuation of the exclusive contract to operate within the limits of the City of Harlingen. Emergency medical services in response to any such calls shall be performed in compliance with the requirements and minimum standards in this subchapter and the Emergency Health Care Act and any other applicable statutes and regulations.
(Code 1997, § 118.005; Ordinance 08-53, adopted 8/20/2008; Ordinance 2017-30, § I, adopted 8/16/2017)
Base rates for emergency medical services furnished by the person or entity granted an exclusive contract to provide emergency medical services within the limits of the City of Harlingen shall be fixed by and in accordance with such contract; and any change in such base rates shall be made in accordance with and at such times as may be provided in such contract.
(Code 1997, § 118.006; Ordinance 08-53, adopted 8/20/2008; Ordinance 2017-30, § I, adopted 8/16/2017)
(a) 
Except in the event of a disaster or other emergency which requires emergency medical services in excess of the capacity of vehicles reasonably and readily available, no person shall operate an ambulance or vehicle within the limits of the city for the purpose of furnishing emergency medical services within the city which is not an emergency medical services vehicle equipped for a level of service of advanced life support or higher or which is not staffed with at least one emergency medical technician and one emergency medical technician-intermediate.
(b) 
No person shall operate an ambulance or vehicle within the limits of the city for the purpose of furnishing non-emergency medical transport services within the city which is not an emergency medical services vehicle equipped for a level of service of basic life support or higher and with advanced life support capability and which is not staffed with at least two emergency medical technicians.
(c) 
It shall be unlawful to staff emergency medical services vehicles used for furnishing emergency medical services or non-emergency medical transport services within the limits of the city with persons who are not emergency medical services personnel licensed or certified by the department as the level of emergency medical technician or greater.
(d) 
A violation of any of the foregoing subsections (a) through (c) of this section shall be guilty of a misdemeanor. Upon a final conviction of a violation of any of the foregoing subsections (a) through (c) of this section by a person holding a license or certificate issued by the department as an emergency medical services provider or emergency medical services personnel, the name of the person and date and nature of the violation shall be reported to the department by the chief of police.
(Code 1997, § 118.007; Ordinance 08-53, adopted 8/20/2008)