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HomeMy WebLinkAbout2013-003ORDINANCE NO.2013-003 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON CREATING A NEW CHAPTER 5.48 OF THE ARLINGTON MUNICIPAL CODE ESTABLISHING RULES AND REGULATIONS RELATING TO THE PROVISION OF EMERGENCY MEDICAL AND AMBULANCE SERVICES WITHIN THE CITY OF ARLINGTON WHEREAS, the City Council of the City of Arlington has the authority to adopt regulations designed to protect the health, safety and welfare of its citizens; and WHEREAS, the City Council deems the adoption of this ordinance and the procedures contained therein to be in the best interest of the citizens; NOW, THEREFORE, the City Council of the City of Arlington, Washington, does ordain as follows: Section 1. Findines. The City Council makes the following findings: a. The provision of emergency medical services (EMS) is a governmental function in support of public health and safety. b. The City of Arlington has provided fire department Emergency Medical Services and other emergency responses for the City of Arlington and for other fire districts and/or cities with which it has contracted for services. C. The provision of transportation of patients by ambulance or other suitable conveyance to the hospital, clinic, or other location where professional medical care is available is a necessary element of the emergency medical service function. As part of these services to the community, the City has established and maintained both advanced life support (ALS) and basic life support (BLS) medical services. d. Current emergency medical services funding is dependent upon continuing provision of ALS and BLS services within the City of Arlington. Current funding, due to impacts of tax -limiting measures, is inadequate to maintain the current requirements of ALS and BLS services, much less to meet the anticipated future needs of the City to provide ALS and BLS services. e. It is the intent of the City Council to assure that the fire department is exclusively authorized to provide for the transport of patients in all emergency situations, non -emergent, and to provide for the continuing needs of the citizens for emergency and non -emergency transport services. L It is further the intent of the City to continue to provide non -emergency ORDINANCE NO. 2013-003 transport services within the city of Arlington. Section 2. New Chanter Adopted. The Arlington Municipal Code is hereby amended to add a new Chapter 5.48, as follows: Chapter 5.48 AMBULANCE AND EMERGENCY FIRST AID SERVICES 5.48.010 Definitions 5.48.020 Applicability 5.48.030 License Required - Application 5.48.040 Standards for License 5.48.050 Ambulance Personnel 5.48.060 Ambulances and Equipment 5.48.070 Performance Standards — Compliance — Records 5.48.080 Emergency Notification 5.48.090 Community Events 5.48.100 Mutual Aid 5.48.110 Penalty for Violation 5.48.120 Appeals 5.48.010 Unless a different meaning is plainly required by the context, the following words and phrases as used in this chapter shall have the meanings indicated: a. The City adopts and incorporates by reference herein all definitions set forth in Revised Code of Washington (RCW) Chapter 18.73.030, as may be amended from time to time. b. "Emergency" means, the sudden onset of a medical condition or situation manifesting itself by acute symptoms of such severity (including pain) that the absence of immediate medical attention could reasonably or potentially be expected to result in any of the following: 1. Placing the patient's health in jeopardy: 2. Impairment to bodily functions; or 3. Dysfunction of any bodily organ or part. c. "Emergency Medical Service" (EMS) means medical treatment and care which may be rendered at the scene of any medical emergency or while transporting any patient in an ambulance to an appropriate medical facility, including ambulance transportation between medical facilities. d. "Mutual Aid" refers to situations in which a licensed emergent or non - emergency ambulance service is required, as determined by the Fire ORDINANCE NO. 2013-003 2 Department, to make ambulances and personnel available for emergency response under the City's direction. e. "SNOPAC" means the Snohomish County Police Staff and Auxiliary Service Center, which operates the E-911 system in Snohomish County. f. "City" means the City of Arlington, Washington. 5.48.020 Applicability a. Since emergency medical service is exclusively provided in the City by its Fire Department, the provisions of this chapter shall apply to non - emergent and emergent ambulance services (private ambulance services) as defined in subparagraphs (b) and (c), below, which are based within the city limits and also to those whose vehicles enter the city to deliver or pick up patients. b. "Non -emergent ambulance service transports" for the purposes of this ordinance shall mean the following Inter -facility transports that occur when an AFD EMS unit is unavailable or when requested by an AFD unit at the BLS (non - emergent) and or Registered Nurse ambulance level; 2. Transport of advanced life support patients that are non -emergent; (e.g. Patients that are in need of surgery, but the surgery is not immediately necessary); 3. Transport of basic life-support patients that can be transported via cabulance. 4. Transport of basic life support patients that are going to be transported to any area facility that is not within the City of Arlington. C. "Emergent ambulance service transports" for the purposes of this ordinance shall mean the following: Any transport that would require a higher level of medical services or personnel than those described in subparagraph (b), above. d. Nothing herein shall prohibit the Fire Department from operating non -emergency ambulance services. ORDINANCE NO. 2013-003 Nothing herein shall prohibit health management organizations (HMOs) or insurance companies from contracting with private ambulance companies to provide services for their clients. f. Nothing herein shall prohibit private ambulance services from transporting advanced life support patients to facilities south of Providence Medical Center (Everett) or north of Skagit Valley Hospital (Mount Vernon). 5.48.030 License Required — Application. a. It shall be unlawful for any person, firm or corporation to operate or cause to be operated (as described in Section 5.48.020(a) within the city limits an ambulance or ambulance service without first being issued a license therefore by the City. It shall also be unlawful for any person, firm or corporation to violate any of the provisions of this chapter. b. It shall be unlawful for any person, firm or corporation (other than the City Fire Department or other Fire Districts working on a mutual aid basis or from an E - 911 response) to operate or cause to be operated (as described in section 5.48.020(a) emergency ambulance service within the city limits, except as provided in Section 5.48.100. C. Such license may be obtained by applying therefore at the office of the City Finance Director on forms provided. d. To the extent not inconsistent with other provisions of this chapter, the provisions of Arlington Municipal Code Chapter 5.28 dealing with general issuance of City licenses, shall be applicable to this chapter and are hereby incorporated herein by this reference. 5.48.040 Standards for License. a. All applicants shall be appropriately certified by the Secretary, and be in good standing, pursuant to RCW 18.73 and applicable regulations adopted from time to time. Upon receiving an application, the Finance Director shall forward the application to the Fire Chief for review and approval. No license shall be issued unless the Fire Chief is satisfied, pursuant to policies duly adopted, that (a) the applicant is properly certified by the state; (b) the applicant's facilities, ambulances, and equipment meet State standards; (c) employees of applicant are certified and in good standing; and (d) the applicant is otherwise in good standing and capable of performing ambulance services. 5.48.050 Ambulance Personnel. a. No ambulance shall be operated as such without at least two persons, one of whom shall be an emergency medical technician (EMT), or person licensed or certified by the State as having at least an equivalent or higher level of training, and shall hold a valid Washington State driver's license. ORDINANCE NO. 2013-003 4 Such personnel shall not have been convicted of offenses having a direct relationship to custody of incapacitated persons, custody of narcotic or controlled substances, or safe driving of emergency vehicles. b. Ambulance personnel shall have and maintain all certifications required by the state department of health and local medical protocols established from time to time by the Snohomish County Medical Program Director. 5.48.060 Ambulances and Equipment. a. Ambulances shall be maintained and inspected pursuant to requirements from time to time as adopted by the Secretary. All licensees shall provide the Fire Department with copies of reports of inspection submitted to the Secretary pursuant to RCW 18.73.145. b. Licensees shall take immediate action to eliminate any unsanitary condition when becoming aware of it and shall immediately correct any situation about which the Fire Chief has delivered written notice. The Fire Chief shall, when deemed appropriate, report any known violations to the appropriate regulatory authorities. C. Ambulances shall not be used without the minimum equipment prescribed by the State. In the event any variance from requirements is granted by the State, a licensee must provide a copy of the same to the Fire Department. 5.48.070 Performance Standards — Compliance — Records. a. All services performed hereunder shall be in accordance with the standards and principles of the course of instruction given EMTs or paramedics, as the case may be, by the State, and pursuant to local medical protocols established from time to time by the Snohomish County Medical Program Director. b. Records shall be logged by ambulance crews in accordance with state and local regulatory requirements. To the extent not inconsistent with federal, state or local privacy regulations, copies of such records shall be mailed or otherwise delivered to the Fire Chief or his designee on a periodic basis as requested by the Department. 5.48.080 Emergency Notification. a. In the event a representative of licensee, in responding to a non -emergency call, discovers the existence of an emergency situation, he or she shall immediately (1) call for fire department assistance via E-911 and comply with all directions which may be given by SNOPAC, and (2) initiate necessary patient care which the licensee is qualified to give. ORDINANCE NO. 2013-003 b. In the event a call for emergency medical assistance is received by licensee or a representative thereof, the licensee shall take all necessary information needed from the caller and shall call E-911 for the appropriate department or units to respond. C. All medical emergency dispatches through E-911 access shall be answered by the fire department. Ambulance services as licensed herein shall not respond to E-911 dispatches in the city unless requested to do so by the fire department. d. Ambulance companies receiving a direct request for Emergency Medical Services, shall notify the fire department through the E-911 communication system immediately so that a fire department response can be initiated. e. Ambulance companies receiving a direct request for their services and recognizing that the patient will need medical evaluation for an emergency in a hospital setting, emergency room, x-rays, or admittance for their emergent condition, must activate the E-911 system. 5.48.090 Community Events. a. When an ambulance company is contracted to provide non -emergency standby they shall notify the fire department in writing at least 14 days prior to the event. This shall include date, time and scope of standby responsibilities. b. Ambulance companies engaging in standby activities shall notify the E- 911 communications center immediately on all advanced life support/life threatening calls as required by ordinance. Any EMS activity provided by the ambulance company at such events shall be documented. To the extent not inconsistent with federal, state or local privacy regulations, copies of any records pertaining to said activity shall be forwarded to the Fire Chief or his designee within one week subsequent to the completion of the event. 5.48.100 Mutual Aid. A licensee may be required to cooperate with any request by the Fire Department for mutual aid assistance. At such times, the City may dispatch ambulances to any point within Snohomish County. However, in the event of any suit or claim arising out of activities under this section, the City and licensee shall each be responsible for, and to the extent of, their respective liability. ORDINANCE NO. 2013-003 6 5.48.110 Penalty for Violation a. In the event of a violation of any provision of this chapter, the Fire Department shall promptly notify the licensee thereof and, if the situation warrants it, give licensee a reasonable opportunity to take corrective action. b. Any licensee or employee of a licensee who violates any provision of this chapter shall subject licensee to revocation of their license pursuant to AMC Chapter 5.28. Any person violating a provision of this chapter shall be subject to penalties as set forth in AMC section 5.28.190. 5.48.120 Appeals. Any person applying for or holding a license under this chapter who believes he or she is aggrieved by an action of any City official in connection with a license may timely appeal the matter to the Hearing Examiner for review. Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 4. Effective Date. This ordinance shall take effect and be in full force five (5) days after the date of publication as provided by law. PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE DAY OF` , 2013. CITY OF ARLINGTON, WASHINGTON Barbara Tolbert, Mayor ATTEST/AUTHENTICATED : Krrsti anfield, city Olerk ORDINANCE NO. 2013-003 7 APPROVED AS TO FORM: I Stet�kjck.�1Atomey ORDINANCE NO. 2013-003 CERTIFICATION OF ORDINANCE I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance #2013-003 was approved at the February 4, 2013 City Council meeting. ORDINANCE #2013-003 "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON CREATING A NEW CHAPTER 5.48 OF THE ARLINGTON MUNICIPAL CODE ESTABLISHING RULES AND REGULATIONS RELATING TO THE PROVISION OF EMERGENCY MEDICAL AND AMBULANCE SERVICES WITHIN THE CITY OF ARLINGTON" A true and correct copy of the original ordinance is attached. Dated this 5t" day of February, 2013. Kristin anfield City Cler for the City of Arlington SUMMARY OF ORDINANCE ADOPTIONS You are hereby notified that on February 4, 2013, the City Council of the City of Arlington, Washington, did adopt Ordinance No. 2013-002 entitled, "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, ADOPTING FINDINGS OF FACT IN SUPPORT OF A MORATORIUM ON THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES, COLLECTIVE GARDENS AND THE LICENSING AND PERMITTING THEREOF AND EXTEND THE MORATORIUM FOR SIX MONTHS" And Ordinance No. 2013-003 entitled, "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON CREATING A NEW CHAPTER 5.48 OF THE ARLINGTON MUNICIPAL CODE ESTABLISHING RULES AND REGULATIONS RELATING TO THE PROVISION OF EMERGENCY MEDICAL AND AMBULANCE SERVICES WITHIN THE CITY OF ARLINGTON" These ordinances are effective five days from passage and publication, except as otherwise specified in the ordinance. The full text of the ordinances is available to interested persons and will be mailed upon request. �tC, Kristin anfield City Clerk City of Arlington