The URL can be used to link to this page

Browse Search

Home My WebLink About20130353.tiffWELD COUNTY CODE ORDINANCE 2012-15 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 7 EMERGENCY MEDICAL SERVICES, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 7 EMERGENCY MEDICAL SERVICES Amend Sec. 7-1-20. Delegation. A. The Board of County Commissioners designates and delegates to the Director of the Weld County Department of Public Health and Environment the authority to manage the Emergency Medical Services Rules and Regulations as set out in this Chapter. Under the direction of the Board, inspections, permitting of individual ambulances, application processing and review, recommendations to the Board of County Commissioners for licensure, and other administrative functions necessary to implement this Chapter shall be the responsibility of the Director. B. The Board of County Commissioners may promulgate and enforce such rules and regulations for the operation and licensing of ambulance services in the County as recommended by the Director to provide for quality emergency medical services and to ensure compliance with state law and any resolution adopted by the Board. C. The Board of County Commissioners shall review, and consider for approval, all applications for ambulance service licenses, based upon the recommendation of the Director and the application materials submitted. 3910102 Pages: 1 of 12 02/14/2013 10:47 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO lIII KIMINl Irifer9uIT3/4ll,INVIAINCP:ityi,L11111 1 11L1GiS1 , t~u v ?I131(3 'hi 2013-0353 ORD2012-15 Amend Sec. 7-1-30. Definitions. The following definitions shall apply in the interpretation and enforcement of this Chapter. Ambulance service license means a nonexclusive authorization issued by the Board of County Commissioners to operate an ambulance service, publicly or privately within the County, as further defined in Section 7-2-10 of this Chapter. Ambulance vehicle permit means the authorization issued by the Department with respect to an ambulance used, or to be used, to provide ambulance service in the County. Primary care means the initial response and care for emergency medical services, by an ambulance service whose primary base of operation is located in Weld County, or by an ambulance service that has a contract or agreement with Weld County, a Weld County municipality, or a fire, ambulance or hospital district operating within Weld County, to provide emergency medical services. Amend Sec. 7-2-10. License for ambulance service. No person shall provide or operate an ambulance service publicly or privately in the County unless that person holds a valid license to do so issued by the Board of County Commissioners, except as provided in Section 7-2-80 below. The fee for said license shall be set by separate ordinance. The license shall issue only in the following tiers of service: Tier I: Licensure authorizing for Primary Care, as defined in Section 7-1-30 of this Chapter. Tier II: Licensure authorizing for transports of patient(s) to and from licensed medical facilities. This licensure does not provide for Primary Care, as defined in Section 7-1-30 of this Chapter. Tier Ill: Licensure authorizing for Standby Service, as defined in Section 7-1-30 of this Chapter. The Board of County Commissioners reserves the right to amend these rules and regulations and any other individual conditions of licensing as applied to any particular license, as needed in keeping with its legislative function and in order to implement the policy of the State of Colorado that the regulation and control of ambulance licenses is in the exclusive purview of the boards of county commissioners. Persons or firms seeking application and approval of any ambulance license under this Chapter acknowledge that Weld County, a Weld County municipality, or a district operating within Weld County, may contract with specific ambulance service provider(s) which will serve their emergency ambulance needs. Amend Sec. 7-2-80. Exclusions. The provisions of this Chapter shall not apply to the following: 3910102 Pages: 2 of 12 02/14/2013 10:47 AM R Fee:$0.00 Steve Moreno.. Clerk and Recorder, Weld County, CO ■IIIFORK/ ilftifiii:IIfAiIIII 2013-0353 ORD2012-15 A. Vehicles used for the transportation of persons injured at a mine when the personnel used on the vehicles are subject to the mandatory safety standards of the federal mine safety and health administration, or its successor agency. Vehicles used by other agencies, including quick response teams and rescue units that do not routinely transport patients or vehicles used to transport patients for extrication from areas inaccessible to a permitted ambulance. Vehicles used in this capacity may only transport patients to the closest practical point for access to a permitted ambulance or hospital. C. Vehicles, including ambulances from another state, used during major catastrophe or mass casualty incident rendering services when permitted ambulances are insufficient. D. An ambulance service that does not transport patients from points originating in Colorado, or transporting a patient originating outside the borders of Colorado. Vehicles used or designed for the scheduled transportation of convalescent patients, individuals with disabilities, or persons who would not be expected to require skilled treatment or care while in the vehicle. Vehicles used solely for the transportation of intoxicated persons or persons incapacitated by alcohol as defined in Section 25-1-302, C.R.S., but who are not otherwise disabled or seriously injured and who would not be expected to require skilled treatment or care while in the vehicle. G. Ambulances operated by a department or an agency of the federal government, originating from a federal reservation for the purpose of responding to, or transporting patients under federal responsibility. H. An ambulance service, licensed by another Colorado county, that provides only intermittent transport of patients to and from Weld County not exceeding 100 trips annually. Amend Sec. 7-2-100. Approval of application. A. After receipt of an original application for an ambulance service license or ambulance vehicle permit, or a renewal thereof, the Department shall review the application and the applicant's record and provide for an inspection of equipment and vehicles to determine compliance with this Chapter. The Director shall make a recommendation for licensure to the Board of County Commissioners upon a finding that: 1. The ambulance service staff, vehicles, records, insurance, protocols, equipment and location comply with the requirements of this Chapter; 2. The ambulance service's emergency medical technicians are certified in accordance with the rules pertaining to emergency medical services of the Colorado Department of Public Health and Environment. 3910102 Pages: 3 of 12 02/14/2013 10:47 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Pr1I'l4W&ImailtRMa 1POI'NIMKIII 11111 2013-0353 ORD2012-15 B. The Director shall set a date for consideration of the application by the Board of County Commissioners; said date being a regular Board of County Commissioner business meeting no less than five (5) business days after the Director has deemed the ambulance service to have met all licensure application requirements. The Board of County Commissioners must find that the issuance of the license will contribute to an efficient, effective, and coordinated emergency medical response to residents of the County. The Board shall consider the following: 1. The recommendation of the Director. 2. The facts presented at the Board meeting. 3. The information contained in the official record. 4. Any agreement or contract to provide primary care in Weld County. 5. The recommendation of the Weld County Emergency Medical/Trauma Service (EM/TS) Council as to whether or not the issuance of the license will contribute to an efficient, effective, and coordinated emergency medical response to residents of the County. The EM/TS Council shall also provide: a. Recommended Service Area. b. Recommended Tier of License. 6. The applicant has complied in all respects with the requirements of this Chapter. Amend Sec. 7-7-10. Unlawful practices. The following practices shall be unlawful and shall be grounds for a suspension or revocation of a license: A. Willful and deliberate failure to respond to any emergency call. B. Willful and deliberate failure to transport a patient when required in the event of an emergency. C. Administering unnecessary treatment or supplies to a patient for the purpose of increasing the patient's bill. D. Administration of any substance unless under the protocol and/or order of the physician advisor or medical control. E. Charging for treatment or supplies not actually provided to a patient. F. Requiring and/or allowing any employee of an ambulance service to be on continuous duty for any one (1) period in excess of forty-eight (48) hours, except in cases of extreme emergency. 3910102 Pages: 4 of 12 02/14/2013 10:47 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III1FjI' INVIRPHAti,kiPWS'fIW Eb�1t 11111 2013-0353 ORD2012-15 G. Except as otherwise provided in this Chapter, failure to deliver a patient to the most appropriate licensed medical facility as determined by the physician advisor, dependent upon the patient's medical needs. H. Conduct which constitutes a significant threat to the health or safety of the individuals receiving emergency care from a licensed ambulance service. Noncompliance with any rule or regulation set forth in the EMS Laws concerning the duties and responsibilities of emergency medical technicians or medical directors. J. Call jumping, which is defined as a response to a call for ambulance service by one ambulance service company with the knowledge that another ambulance service company has either been notified to respond to the call or is actually responding to the call, unless the call is of a life -critical nature and the closest ambulance has responded. Delete Sec. 7-8-20. County paramedic service. Delete Sec. 7-8-30. Triage authority. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 3910102 Pages: 5 of 12 02/14/2013 10:47 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County CO iiiliPJFI')NigiC +,h 11 IMIALlitilrTMIABill PAGE 5 2013-0353 ORD2012-15 The above and foregoing Ordinance Number 2012-15 was, on motion duly made and seconded, adopted by the following vote on the 4th day of February, A.D., 2013. BOARD OF C9U4TY COMMISSIONERS WELD COUm1 T Y! COLORADO ATTEST: Weld County Clerk to the Board First Reading: Publication: William F. Garcia, Chair arbara Kirkmeyer December 26, 2012 January 2, 2013, in the Greeley Tribune Second Reading: January 14, 2013 Publication: January 23, 2013, in the Greeley Tribune Final Reading: February 4, 2013 Publication: February 13, 2013, in the Greeley Tribune Effective: February 18, 2013 3910102 Pages: 6 of 12 02/14/ 013 10:47 AM R FeRecorde $0.00d County CO Nl+'N''hhtiA11.1:OlinkiU,S4, III PAGE 6 2013-0353 ORD2012-15 WELD COUNTY CODE ORDINANCE 2012-15 AdI0LL/56Udidtd 1/2 4 02- y -.2O/3 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 7 EMERGENCY MEDICAL SERVICES, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 7 EMERGENCY MEDICAL SERVICES Amend Sec. 7-1-20. Delegation. A. The Board of County Commissioners designates and delegates to the Director of the Weld County Department of Public Health and Environment the authority to manage the Emergency Medical Services Rules and Regulations as set out in this Chapter. Under the direction of the Board, inspections, permitting of individual ambulances, application processing and review, recommendations to the Board of County Commissioners for licensure, and other administrative functions necessary to implement this Chapter shall be the responsibility of the Director. B. The Board of County Commissioners may promulgate and enforce such rules and regulations for the operation and licensing of ambulance services in the County as recommended by the Director to provide for quality emergency medical services and to ensure compliance with state law and any resolution adopted by the Board. C. The Board of County Commissioners shall review, and consider for approval, all applications for ambulance service licenses, based upon the recommendation of the Director and the application materials submitted. 3910102 Pages: 7 of 12 02/14/2013 10:47 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO �IIIII!�1RY�Nrr+�GdG;Gdtd,L'4MfWEMOVIIIIILK 11111 2013-0353 ORD2012-15 Amend Sec. 7-1-30. Definitions. The following definitions shall apply in the interpretation and enforcement of this Chapter. Ambulance service license means a nonexclusive authorization issued by the Board of County Commissioners to operate an ambulance service, publicly or privately within the County, as further defined in Section 7-2-10 of this Chapter. Ambulance vehicle permit means the authorization issued by the Department with respect to an ambulance used, or to be used, to provide ambulance service in the County. Primary care means the initial response and care for emergency medical services, by an ambulance service whose primary base of operation is located in Weld County, or who -by an ambulance service that has a contract or agreement with Weld County, a Weld County municipality, or a fire, ambulance or hospital district or authority operating within Weld County, to provide emergency medical services. Amend Sec. 7-2-10. License for ambulance service. No person shall provide or operate an ambulance service publicly or privately in the County unless that person holds a valid license to do so issued by the Board of County Commissioners, except as provided in Section 7-2-80 below. The fee for said license shall be set by separate ordinance. The license shall issue only in the following tiers of service: Tier I: Licensure authorizing for Primary Care, as defined in Section 7-1-30 of this Chapter. Tier II: Licensure authorizing for transports of patient(s) to and from licensed medical facilities. This licensure does not provide for Primary Care, as defined in Section 7-1-30 of this Chapter. Tier III: Licensure authorizing for Standby Service, as defined in Section 7-1-30 of this Chapter. A. The Board of County Commissioners reserves the right to amend these rules and regulations and any other individual conditions of licensing as applied to any particular license, as needed in keeping with its legislative function and in order to implement the policy of the State of Colorado that the regulation and control of ambulance licenses is in the exclusive purview of the boards of county commissioners. Persons or firms seeking application and approval of any ambulance license under this Chapter acknowledge that Weld County, a Weld County municipality, or a district operating within Weld County, may contract with specific ambulance service provider(s) which will serve their emergency ambulance needs. Amend Sec. 7-2-80. Exclusions. The provisions of this Chapter shall not apply to the following: Pages: 8 of 12 02/14/2013 2 47 AM R Fee:$0.00 Steveoren10 CO Ill III Steve Moreno. Clerk and Recorder Weld County' ��`�II�I I� ' 'tt *'«'+��'`'?{«'��II��'Nf�$■I ■III !�� ZK 2013-0353 ORD2012-15 A. Vehicles used for the transportation of persons injured at a mine when the personnel used on the vehicles are subject to the mandatory safety standards of the federal mine safety and health administration, or its successor agency. Vehicles used by other agencies, including quick response teams and rescue units that do not routinely transport patients or vehicles used to transport patients for extrication from areas inaccessible to a permitted ambulance. Vehicles used in this capacity may only transport patients to the closest practical point for access to a permitted ambulance or hospital. C. Vehicles, including ambulances from another state, used during major catastrophe or mass casualty incident rendering services when permitted ambulances are insufficient. D. An ambulance service that does not transport patients from points originating in Colorado, or transporting a patient originating outside the borders of Colorado. E. Vehicles used or designed for the scheduled transportation of convalescent patients, individuals with disabilities, or persons who would not be expected to require skilled treatment or care while in the vehicle. F Vehicles used solely for the transportation of intoxicated persons or persons incapacitated by alcohol as defined in Section 25-1-302, C.R.S., but who are not otherwise disabled or seriously injured and who would not be expected to require skilled treatment or care while in the vehicle. G. Ambulances operated by a department or an agency of the federal government, originating from a federal reservation for the purpose of responding to, or transporting patients under federal responsibility. H An ambulance service, licensed by another Colorado county, that provides only intermittent transport of patients to and from Weld County not exceeding 25 ` Jr; trips annually. Amend Sec. 7-2-100. Approval of application. A. After receipt of an original application for an ambulance service license or ambulance vehicle permit, or a renewal thereof, the Department shall review the application and the applicant's record and provide for an inspection of equipment and vehicles to determine compliance with this Chapter. The Director shall make a recommendation for licensure to the Board of County Commissioners upon a finding that: 1. The ambulance service staff, vehicles, records, insurance, protocols, equipment and location comply with the requirements of this Chapter; 2. The ambulance service's emergency medical technicians are certified in accordance with the rules pertaining to emergency medical services of the Colorado Department of Public Health and Environment; and. 3. T �e app icant las comp ied in a respects wit 3910102 Pages: 9 of 12 02/14/2013 10:47 AM R Fee:$00'.00' I ` Steve Moreno. Clerk �I�I,,f�'�dIa 1 f �Il County,�f,�l�O�I�f',l III 1111 !�!�.��ITIV Nils the requirements of this Chapter. 2013-0353 ORD2012-15 B. The Director shall set a date for consideration of the application by the Board of County Commissioners; said date being a regular Board of County Commissioner business meeting no less than five (5) business days after the Director has deemed the ambulance service to have met all licensure application requirements. The Board of County Commissioners must find that the issuance of the license will contribute to an efficient, effective, and coordinated emergency medical response to residents of the County. The Board shall consider the following: 1. The recommendation of the Director. 2. The facts presented at the Board meeting. 3. The information contained in the official record. 4. Any agreement or contract to provide primary care in Weld County. 5. The recommendation of the Weld County Emergency Medical/Trauma Service (EMITS) Council as to whether or not the issuance of the license will contribute to an efficient, effective, and coordinated emergency medical response to residents of the County. The EM/TS Council shall also provide: a. Recommended Service Area. b. Recommended Tier of License. 6. The applicant has complied in all respects with the requirements of this Chapter. Amend Sec. 7-7-10. Unlawful practices. The following practices shall be unlawful and shall be grounds for a suspension or revocation of a license: A. Willful and deliberate failure to respond to any emergency call. B. Willful and deliberate failure to transport a patient when required in the event of an emergency. C. Administering unnecessary treatment or supplies to a patient for the purpose of increasing the patient's bill. Administration of any substance unless under the protocol and/or order of the physician advisor or medical control. E Charging for treatment or supplies not actually provided to a patient. F Requiring and/or allowing any employee of an ambulance service to be on continuous duty for any one (1) period in excess of forty-eight (48) hours, except in cases of extreme emergency. 3910102 Pages: 10 of 12 02/14/2013 10:47 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder: Weld County CO ■III �!�1�,�� +M�'r' �Nil�l�Al'�l ��N�� Pl6'ItFrIi' E .�lil 11111 2013-0353 ORD2012-15 G. Except as otherwise provided in this Chapter, failure to deliver a patient to the most appropriate licensed medical facility as determined by the physician advisor, dependent upon the patient's medical needs. H. Conduct which constitutes a significant threat to the health or safety of the individuals receiving emergency care from a licensed ambulance service. I. Noncompliance with any rule or regulation set forth in the EMS Laws concerning the duties and responsibilities of emergency medical technicians or medical directors. J Call jumping, which is defined as a response to a call for ambulance service by one ambulance service company with the knowledge that another ambulance service company has either been notified to respond to the call or is actually responding to the call, unless the call is of a life -critical nature and the closest ambulance has responded. I Delete Sec. 7-8-20. County paramedic service. County, pursuant to the provisions of state statutes. So long as the Weld County Paramedic Paramedic Service may provide emergency service to a areas of the County anc to t lose of ier areas specifica y set forti in tie We G County Paramecic Service app ication anc icense. Tie Weld County Regional Communications Center may dispatch the Weld County Paramedic Service to responc to a ca wit uin snot uer ambu ance service's response area under the terms and conditions set forth in Section 7 3 20 of this Chapter. Delete Sec. 7-8-30. Triage authority. Paramedic Service shall be appointee mecica triage authority in tie County when tie Welc County Paramecic Service anc. any otuer ambu ance service lave respondec to ca s for emergency assistance where medical triage authority has not yet been established, and/or a dispute concerning medical triage exists. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 3910102 Pages: 11 of 12 Steve oxen 10:47 AM R Fee:$0.00 CO Steve Moreno, Clerk and Recorder, Weld County, �I'�III III ■III!!, 2013-0353 ORD2012-15 The above and foregoing Ordinance Number 2012-15 was, on motion duly made and seconded, adopted by the following vote on the 4th day of February, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: William F. Garcia, Chair Weld County Clerk to the Board Douglas Rademacher, Pro-Tem BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM: Mike Freeman County Attorney Barbara Kirkmeyer First Reading: Publication: Second Reading: Publication: Final Reading: Publication: Effective: December 26, 2012 January 2, 2013, in the Greeley Tribune January 14, 2013 January 23, 2013, in the Greeley Tribune February 4, 2013 February 13, 2013, in the Greeley Tribune February 18, 2013 3910102 Pages: 12 of 12 02/14/2013 10:47 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County. CO 13/4121116Inhiiiii, III II PAGE 6 2013-0353 ORD2012-15 Hello