HomeMy WebLinkAbout20130178.tiff�S u1,l as din,.
I-14'•40/3
WELD 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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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.
PAGE 1 2013-0178
ORD2012.15
Amend Sec. 7-7.30. 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 wtrose primary base of operation is located In Weld County. either byor who
has a contract or agreement with Weld County,_e_Y_YeASgymlyjnynicipaigy, or a 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 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 providers) which will serve the -their emergency
ambulance needs -of -Weld County and participating municipalkios.
Amend Sec. 7-2-80. Exclusions.
The provisions of this Chapter shall not apply to the following:
PAGE 2 2013-0178
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.
B. 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 that provides only intermittent transport of patients to and
from Weld County not exceeding 25 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, 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. The applicant has complied in all respects with the requirements of this Chapter.
PAGE 3 2013-0178
OR02012-15
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:
t. 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 contrainty-is-a party that grants -to
-the-application the right to provide primary caro in
Weld-Ceuntyreursoant-to. Seotion•30-14-1O7(1)(q), C.R.£to provide primary care
in Weld County.
5. The recommendation of the Weld County EMS 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_
AmendSec. 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.
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.
PAGE 4 2013-0178
ORD2012-15
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.
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.
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
PAGE 5 2013-0178
ORD2012-15
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
PAGE 6 2013-0178
ORD2012-15
Hello