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HomeMy WebLinkAbout20072971.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2007-8 was introduced on first reading on October 1,2007,and a public hearing and second reading was held on October 22, 2007. A public hearing and final reading was completed on November 14, 2007, with no change being made to the text of said Ordinance, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2007-8 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 7 EMERGENCY MEDICAL SERVICES, OF THE WELD COUNTY CODE EFFECTIVE DATE: November 26, 2007 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: November 16, 2007 PUBLISHED: November 21, 2007, in the Fort Lupton Press Ok.D aco 9-cc &997- 1' 97/ PROOF OF PUBLICATION NOTICEOF FINAL READING OF FORT LUPTON ORDINANCE Pursuant to the Weld County STATE OF COLORADO Numb Rule Charter, Ordinance Number on was introduced ex1, 7, n first reading on October 1, 2007, COUNTY OF WELD SS. and a public hearing and second reading was held on October 22, 2007. A public hearing and final reading was completed on November 14, 2007, with no change being made to the text of said Ordinance, and on motion I, Karen Lambert, do solemnly swear that I duly made and seconded, was adopted. Effective date of said am the Publisher of the Fort Lupton Press; Ordinance is listed below. that the same is a weekly newspaper printed Any backup material, exhibits or information previously submitted and published in the County of Weld, State to the Board of County Commissioners concerning this of Colorado, and has a general circulation matter may be examined in the office of the Clerk to the Board of therein; that said newspaper has been County Commissioners,located in the Weld County Centennial published continuously and uninterruptedly Center, 915 10th Street, Third Floor,Greeley,Colorado,between in said county of Weld for a period of more the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may than fifty-two consecutive weeks prior to the be accessed through the Weld Ceb Pa first publication of the annexed legal notice iw°vu�n co.weld.w s). E-Mal messages sent to an individual or advertisement; that said newspaper has Commissioner may not be included in the case file. To been admitted to the United States mails as ensure Inclusion of your E-Mall correspondence Into the case second-class matter under the provisions of file, please send a copy to the act of March 3, 1879, or any °g8sick@`o.wel°.`o.us. amendments thereof, and that said ORDINANCE NO.20078 ORDINACE TITLE: IN THE newspaper is a weekly newspaper duly MATTER R OF REPEALING AND REENACTING, qualified for publishing legal notices and AMENDMENTS, CHAPTER WITH EMERGENCY MEDICAL advertisements within the meaning of the SERVICES, OF THE WELD laws of the State of Colorado. That the COUNTY CODE EFFECTIVE DATE:November 26, annexed legal notice or advertisement was 2007 published in the regular and entire issue of BOARD OF COUNTY COMMISSIONERS every number of said weekly newspaper for WELD COUNTY,COLORADO the period of 1 consecutive insertion(s); and DATED:November 16,2007 PUBLISHED:November 21, that the first publication of said notice was in 2007,in the Fort Lupton Press the issue of newspaper, dated 21st day of November, 2007, and the last on the 21st day of November, 2007. Publisher. Subscribed and sworn b 0s LOpp` 16th day of November, 2007. m NpTARY o J S v PUBtI Q 43&. 0 LcCc4 c- O�041/4 yo- E A Notary Public. CASE NO.401951 key 48092 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2007-8 was introduced on first reading on October 1, 2007, and a public hearing and second reading was held on October 22, 2007, with changes being made as listed below. A public hearing and third reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631,on November 14,2007. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970)352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2007-8 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 7 EMERGENCY MEDICAL SERVICES, OF THE WELD COUNTY CODE DATE OF NEXT READING: November 14, 2007, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 26, 2007 PUBLISHED: October 31, 2007, in the Fort Lupton Press ............ CHANGES MADE TO CODE ORDINANCE #2007-8 ON SECOND READING Amend the following definition in Sec. 7-1-30 to read as follows: Advanced life support personnel means a minimum of two individuals, including at least one (1) state-licensed Registered Nurse, or one (1)state-certified EMT-Paramedic or EMT Intermediate, and the second individual must be, at a minimum, a current state certified EMT-Basic. One(1)of the two individuals may also serve as the emergency vehicle operator of the ambulance. Amend title of ARTICLE VI to read as follows: EMS Providers not Employed or Utilized by a County Licensed Ambulance Services Amend title and text of Sec. 7-8-20 to read as follows: County Paramedic Service. The Weld County Paramedic Service is the ambulance service organized and furnished by the County, pursuant to the provisions of State statutes. So long as the Weld County Paramedic Service is in existence and is duly licensed pursuant to this Chapter, the Weld County Paramedic Service may provide emergency service to all areas of the County and to those other areas specifically set forth in the Weld County Paramedic Service application and license. The Weld County Regional Communications Center may dispatch Weld County Paramedic Service to respond to a call within another ambulance service's service area under the terms and conditions set forth in Section 7-3-20, above. Amend Sec. 7-8-30 to read as follows: Incident Command shall appoint triage authority at an active incident. The Weld County Paramedic Service shall be appointed medical triage authority in the County when the Weld County Paramedic Service and any other ambulance service have responded to calls for emergency assistance where medical triage authority has not yet been established, and/or a dispute concerning medical triage exists. Amend ARTICLE XI to read ARTICLE IX. Enforcement PROOF OF PUBLICATION N O T I C E OF other areas specifically set forth in the Weld County Paramedic FORT LUPTON SECOND READING OF Service application and egonal ORDINANCE The Weld County Regional TATE OF COLORADOCommunications Weld Center may Pursuant m to the Weld County dispatch County Paramedic Home Rule Charter, Ordinance Service to respond c a call within OU NTY OF WELD SS. Number 8 was berintroduced on another ambulance service's first reading on October 1, 2007, service area under the terms and and a public hearing and second conditions set forth in Section 7-3- reading was held on October 22, 20,above. 2007, with changes being made as listed below. A public hearing Amend Sec. 778730 to read as and third reading is scheduled to follows: I, Karen Lambert, do solemnly swear that I be held in the Chambers of the Incident Command shall appoint Board, First Floor Hearing Room, triage authority at an active am the Publisher of the Fort Lupton Press; 915 10th Street, Greeley, incident. The Weld County Colorado 80631,on November 14, Paramedic Service shall be that the same is a weekly newspaper printed 2007. All persons in any manner appointed medical triage authority interested in the next reading of in the County when the Weld and published in the County of Weld, State said Ordinance are requested to County Paramedic Service and attend and may be heard. any other ambulance service have of Colorado, and has a general circulation Please contact the Clerk to the responded to calls for emergency Board's Office at phone(970)336- assistance where medical triage therein; that said newspaper has been 7215,Extension 4225,or fax(970) authority has not yet been 35270242, prior to the day of the established, and/or a dispute published continuously and uninterruptedly hearing if, as a result of a concerning medical triage exists. disability, you require reasonable in said county of Weld for a period of more accommodations in order to Amend ARTICLE XI to read participate in this hearing. ARTICLE IX.Enforcement than fifty-two consecutive weeks prior to the Any backup material, exhibits or information previously submitted first publication of the annexed legal notice to the Board of County Commissioners concerning this or advertisement; that said newspaper has matter may be examined in the oof been admitted to the United States mails as County oun of the to the Board in Commissioners,ldCounty ten al the Weld Centennial second-class matter under the provisions of Center, 915 10th Street, Third Flthe act of March 3, 1879, or any theoh,Greeley,Colorado,andbe 00 the hours of Co a.m. 5:00 p.m., Monday thru Friday, or may amendments thereof, and that said be accessed through the Weld County Web Page newspaper is a weekly newspaper duly (www.co.weld.co.us). E-Mail messages sent to an individual qualified for publishing legal notices and Commissioner may not be included in the case file. To advertisements within the meaning of the ensure inclusion of your E-Mall ome c laws of the State of Colorado. That the correspondence into the case copy please send a copy to egeslck@co.weld.co.us. sexed legal notice or advertisement was ORDINANCE NO.2007-8 blished in the regular and entire issue of ORDINANCE TITLE: IN THE every number of said weekly newspaper for MATTER OF REPEALING AND REENACTING, WITH the period of 1 consecutive insertion(s); and AMENDMENTS, CHAPTER 7 EMERGENCY MEDICAL that the first publication of said notice was in SERVICES, OF THE WELD COUNTY CODE the issue of newspaper, dated 31st day of October, 2007, and the last on the 31st day DATE OF N4,2XT 7, 19:0 DATE Fr 1E,200 at READING:a.m. of October, 2007. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO DATED:October 26,2007 PUBLISHED:October 31,2007, in the Fort Lupton Press CHANGES MADE TO CODE ORDINANCE#2007-8 ON SECOND READING Amend the following definition _ In Sec. 7?1730 to read as follows: Advanced life support personnel means a minimum of two individuals, including at least one (1) state?licensed Registered Nurse, or one (1) stale?certified EMT?Paramedic or EMT Intermediate, and the second individual must be,at a minimum, `--(/L.2�'� a current state certified EMT-Basic. One (1) of the two individuals may also serve as the \t.Op�` emergency vehicle operator of the Publisher. Subscribed and sworn b O� 4 ambulance. 26th day of October, 2007. Amend title of ARTICLE VI to /� read as follows: EMS Providers ,v ^ not Employed or Utilized by a -.(VH"ri'r" O County Licensed Ambulance • c Services )))///1 S Q Amend title and text of Sec.7-8- 20 to fit_ L 20 to read as follows: County l''_/j \\\\, " ' �Q fyp Paramedic Service. ��� r..�� OF Ci(]�"�cu� The Weld County Paramedic N jn EX c, Service is the ambulance service organized and furnished by the Notary Public. County,pursuant to the provisions of State statutes. So long as the Weld County Paramedic Service is in existence and is duly licensed CASE NO.401951 key 47565 ni irei ran,in chic(Mama, mo Woin WELD COUNTY CODE ORDINANCE 2007-8 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. 7-1-10. Purpose. The purpose of this Chapter is to set forth the requirements for high quality emergency medical services to all citizens of the County. It is the intent of the Board of County Commissioners that emergency medical service in the County will consist of, at a minimum, timely response, transportation, treatment, communication and documentation subsystems designed to prevent premature mortality and to reduce the morbidity that arises from critical injuries, exposure to poisonous substances and illnesses. 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, licenses, permits, applications and other functions necessary to implement this Chapter shall be the responsibility of the Director. Remainder of Section - No change. Amend Sec. 7-1-30. Definitions. The following definitions shall apply in the interpretation and enforcement of this Chapter. Advanced life support personnel means a minimum of two individuals, including at least one (1) state-licensed Registered Nurse, or one (1) state-certified EMT-Paramedic or EMT Intermediate, and the second individual must be, at a minimum, a current state certified EMT-Basic. One (1)of the above named personnel two individuals may also serve as the emergency vehicle operator of the ambulance. Air ambulance means a fixed-wing or rotor-wing aircraft that is equipped to provide air transportation and is specifically designed to accommodate the medical needs of individuals who are ill, injured or otherwise mentally or physically incapacitated and who require in-flight medical supervision. Ambulance means any privately or publicly owned land vehicle especially constructed or modified and equipped, intended to be used and maintained or operated by an ambulance service for the transportation in the County of individuals who are sick, injured or otherwise incapacitated or helpless. For the purposes of this Chapter, ambulance shall not include air vehicles used in air medical transport, because, by state law, such air ambulances are licensed by the Colorado Department of Public Health and Environment. a. Basic life support ambulance means an ambulance that meets the requirements for equipment as established by the Board of County Commissioners and is staffed by at least one (1) Emergency Medical Technician-Basic/EMT-B currently certified by the State, and a driver that as a minimum has a current American Red Cross Advanced First Aid Card, an American Heart Association Health Care Provider Cardiopulmonary Resuscitation Card or its equivalent, or the equivalent of both as established by the State Advisory Council on Emergency Medical Services, and a valid Colorado driver's license. Applicant means that person or entity who is an initial applicant or an applicant for renewal for an ambulance service license or ambulance vehicle permit. Current E.M.S. laws means the Emergency Medical Services Act, Section 25-3.5-101 et. seq., C.R.S., as amended;the Colorado Department of Public Health and Environment Rules Pertaining to Emergency Medical Services, 6 CCR 1015-3, as amended; and Colorado Board of Medical Examiners Rule 500, 3 CCR 713-6, as amended. Department means the Weld County Department of Public Health and Environment. Director means the Director of the Weld County Department of Public Health and Environment. Emergency vehicle operator means any person authorized to drive an ambulance in the County as provided in this Chapter. Medical director means a physician who holds an active Colorado medical license,who establishes protocols and standing orders for medical acts performed by First Responders, Registered Nurses, or state of Colorado-certified EMTs of a prehospital EMS service agency and who is specifically identified as being responsible to assure the competency of the performance of those acts by such First Responders, Registered Nurses, or state of Colorado-certified EMTs. Physician advisor means a medical director. Quick response team means any organized group of individuals trained, at a minimum, as First Responders, that provides initial care to a patient prior to the arrival of an ambulance. Registered nurse (RN.) means a person duly licensed under the provisions of the Professional Nurse Practice Act of the State of Colorado. Standby service means a service provided by contract or on a voluntary basis to provide emergency medical services at special events,including athletic and competitive events,which may pose a potential hazard for injury or death and require immediate emergency medical care. Standby service providers must comply with all requirements, including, but not limited to, insurance requirements for emergency medical service providers set forth in this Chapter. Amend Sec. 7-2-20. Vehicle permit for each ambulance. In addition to the license required by Section 7-2-10, above, for an ambulance service, the Department shall issue a permit for each ambulance used. Said ambulance vehicle permit shall be issued upon a finding that the applicant's vehicle and equipment comply with the requirements of this Chapter and the applicable requirements set forth in the current E.M.S. Laws. The permit issued for each vehicle will describe the maximum level of service that can be provided by that vehicle (e.g., "Ambulance basic life support" or "Ambulance advanced life support"). The ambulance vehicle permit fee shall be set by separate ordinance. Amend Sec. 7-2-30. Expiration of licenses and permits. All ambulance service licenses and ambulance vehicle permits issued by the County shall expire on December 31 of the year issued. Amend Sec. 7-2-40. Medical director required. Each ambulance service licensed in the County shall have a Medical Director, who shall comply with all of the appropriate requirements of the current EMS Laws. The Medical Director shall be notified in writing by the Department of any violation of this Chapter by any ambulance service or individual licensee for which the Medical Director provides services and oversight. Amend Sec. 7-2-50. Advanced life support ambulance. When an ambulance service operates or charges as a paramedic or advanced life support ambulance service, the staffing and equipment must comply with the definition of advanced life support ambulance. Insert a new Sec. 7-2-70 and renumber all subsequent sections. Sec. 7-2-70. Reciprocal agreements with other jurisdictions. The County may enter into reciprocal licensing and permitting agreements with other counties and neighboring states. Amend Sec. 7-2-80. Exclusions. The provisions of this Chapter shall not apply to the following: A. The exceptional emergency use of a privately or publicly owned vehicle, including search and rescue unit and quick response vehicles 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. B and C - No change. D. Vehicles used or designated 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. Remainder of Section - No change. Amend Sec. 7-2-90. Application Requirements. Every applicant for an ambulance service license or an ambulance vehicle permit shall complete and submit to the Department an application and supporting documents for approval. Said application for approval shall contain, but not be limited to the following information: A and B - No change. C. The description of the ambulance, including the make, model,year of manufacture,current Colorado state license number,motor vehicle chassis number and length of time the vehicle has been in service. D. The location and description of the place or places from which the ambulance service will operate. E. The name, address and telephone number of the required medical director to the ambulance service, and an attestation by the Medical Director of willingness to provide medical oversight and a medical continuous quality improvement program for the ambulance service. F. The area to be served by the ambulance service. G. A list of all emergency medical service providers who may be called upon to respond to an emergency with the ambulance service. This list shall include the following information on each person: 1 through 5 - No change. H. Proof of insurance, as required in Section 7-3-50, below. A current copy of EMT or Paramedic protocols adopted by the ambulance service in accordance with standards approved by the ambulance service's medical director. J. A current copy of the ambulance service's training standards in accordance with the requirements approved by the ambulance service's Medical Director. All training must be through a state-certified emergency medical services training center. K. Make available for review by the Department current records of compliance with the current EMS Laws. L. Copies of any judgments entered against the licensee or license applicant within the previous twelve(12)months including findings of fact, conclusions of law and order by any court or other tribunal. M. Such other information as the Department may require to make a fair determination. Amend Sec. 7-2-120. Additional or replacement vehicles. If an ambulance is added to a service's fleet, an application for an ambulance vehicle permit shall be filed with the Department prior to the new ambulance being placed in service, but in no event later than thirty(30)days of receipt of the new ambulance. The completed application shall include a description of the ambulance replaced. Upon receipt of a new ambulance vehicle permit application,the Department shall inspect the new ambulance and issue the new ambulance vehicle permit, if appropriate. Amend Sec. 7-2-140. Appeal of application denial. Any person or entity having been denied a license by the Director may appeal such denial to the Board of County Commissioners. The request for a hearing on such denial must be in writing and shall be filed with the Clerk to the Board no later than thirty(30)days after the date of notification by the Director to the applicant of such denial. The request for a hearing shall specify the grounds of the appeal. A hearing based upon the specific grounds stated in the appeal shall be scheduled and conducted in accordance with Sec. 7-7-30 of this Chapter. The decision of the Board of County Commissioners shall be based solely on the grounds of the appeal set forth in the applicant's request for hearing. Add Sec. 7-2-180. Change of medical director. An ambulance service must report any change of medical director, including name, address and telephone number to the Director within fifteen (15) calendar days of such change. Amend Sec. 7-3-10. Emergency vehicle operator. For land vehicles, the ambulance driver shall meet the requirements of Section 25-3.5-202, C.R.S. This requirement may be waived in unusual emergency conditions when no driver meeting these requirements is available. Amend Sec. 7-3-30. Documentation. Each ambulance service shall prepare, maintain and submit upon request copies of uniform and standardized records concerning the transportation and/or treatment of patients as required by the Director and/or the State of Colorado Department of Public Health and Environment. Such records shall include all information determined to be essential by the Colorado Department of Public Health and Environment and set forth in the EMS Laws, for maintenance of adequate minimum records on the patient's medical condition and medical care provided by the ambulance service. All licensed ambulance services are required to utilize the statewide emergency medical and trauma services uniform prehospital care reporting system operated by the State of Colorado Department of Public Health and Environment. Add a new Sec. 7-3-40 and renumber all subsequent sections. Sec 7-3-40. Agency Profile to be submitted to State. Each licensed ambulance service shall complete and submit to the State of Colorado Department of Public Health and Environment an agency profile as defined by Colorado Emergency Medical and Trauma Services Advisory Council and approved by the State to provide information on resources available for planning and coordination of statewide emergency medical and trauma services on an annual basis. Amend Sec. 7-3-50. Criminal record of ambulance crew member. Unless waived by the Board of County Commissioners, no person shall be employed by an ambulance service as an ambulance crew member who has been convicted of any of the following offenses within the previous twelve(12)months from the date of application:felony, misdemeanor, Class I or Class II traffic offense. Amend Sec. 7-3-60. Insurance. A. Coverage. No emergency medical service provider shall operate in the County unless it is covered by insurance as set forth in this paragraph. Each ambulance service shall maintain insurance coverage for each and every ambulance owned, operated or leased by the ambulance service, providing coverage for injury to or death of persons in accidents resulting from any cause for which the owner of said vehicle should be liable for any liability imposed on him or her by law, regardless of whether the ambulance was being operated by the owner, the owner's agent, lessee, or any other person, and coverage as against damage to the property of another, including personal property, under like circumstances, in the following amounts: 1. Worker's Compensation Insurance: Each ambulance service shall maintain at least the statutorily required amount of worker's compensation insurance. 2. Public liability and property damage, bodily injury: a) Each person, six hundred thousand dollars ($600,000). b) Each accident, six hundred thousand dollars ($600,000). 3. Property Damage: Each accident, six hundred thousand dollars ($600,000). 4. Professional Liability Coverage: a) Each person, six hundred thousand dollars ($600,000). b) Each accident, one million dollars ($1,000,000.00). 5. Ambulance Vehicle coverage: The ambulance vehicle insurance shall be a complying policy for motor vehicles, as defined in Sections 10-4-609 and 42-7-103, C.R.S. B. Proof of Insurance. Proof of insurance shall be filed with the Department, along with the application for an ambulance service license as required in this Chapter. Every insurance policy required shall contain a provision for continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon, that the liability of the insured shall not be affected by the insolvency or bankruptcy of the insured, and that until a policy is revoked, the insurance company will not be relieved from liability on account of nonpayment of premiums, failure to renew license at the end of the year or any act or omission of the named insured. At any time said insurance is required to be renewed, proof of renewal shall be provided to the Department. Remainder of Section - reletter remaining paragraphs. Amend Sec. 7-3-70. Safety belts. Safety belts shall be utilized by all persons in the forward compartment. Attending personnel shall utilize seat belts when feasible. Safety belts or other safety restraining devices shall be available for patients being transported, regardless of age or size. Such devices shall be utilized when feasible. Amend Sec. 7-3-100. Compliance with all applicable laws and regulations. Ambulance services operating in the County must comply with all applicable federal,state and local laws and regulations, including, but not limited to, EMS Laws, HIPPA laws and regulations, and relevant County and municipal zoning regulations. Add Sec. 7-3-110. Medical continuous quality improvement program required. Each licensed ambulance service operating within Weld County must have an ongoing medical continuous quality improvement program consistent with the requirements defined in the Colorado Board of Medical Examiners rules, 3 CCR 713-6, Rule 500, 3.2, b. Amend Sec. 7-4-10. Specifications. Land vehicles obtained, licensed and placed in use as ambulances shall,at the minimum, meet the guidelines as established by the provisions in the EMS laws applicable to ambulances. Variances of the above-mentioned specifications may be granted at the discretion of the Director. All ambulances shall have the name and level of service of the ambulance service clearly visible on said vehicles. Amend Sec. 7-4-20. Ambulance equipment. Each ambulance shall contain the following equipment which shall be maintained in good working order: A. Emergency lighting and audible warning equipment which complies with state law for emergency vehicles. B. Safe tires, and, in addition, adequate snow tires or chains when weather conditions demand. C. In the case of ambulances providing primary care in the County, or otherwise qualified pursuant to Section 7-2-80, above, a capability of two-way radio communication with the following:the ambulance dispatcher,the Weld County Regional Communication Center and on-line medical control. D. Safety belts for both the ambulance driver and other attending personnel. E. The minimal required equipment shall be that set forth as required,either for Advanced Life Support or Basic Life Support, as applicable, in the EMS Laws. The Director may add to this list at his or her discretion as other needs or new methodology becomes known. Amend Sec. 7-5-10. Valid EMT certificate required. No person shall practice as an Emergency Medical Technician for any ambulance service subject to the licensing requirements of this Chapter unless that person holds a current valid Emergency Medical Technician certificate from the State of Colorado. Amend Sec. 7-5-20. List of EMS providers required. Each Ambulance Service subject to the licensing requirements of this Chapter shall provide the Department with a list of its Emergency Medical Service providers as stated in Section 7-2-80.G, above, and shall notify the Department of any changes in that list within thirty (30) days of the change in the list. Amend Sec. 7-6-10. Compliance by contract with ambulance services. Emergency Medical Services contracting with,or employed by,groups and organizations for public events and not employed or utilized by a licensed ambulance service licensed by the County shall, upon request, be able to demonstrate compliance with rules and regulations as promulgated by the County, and through the EMS Laws. 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 through H - No change. Noncompliance with any rule or regulation set forth in the EMS Laws concerning the duties and responsibilities of emergency medical technicians or medical directors. Add a new Sec. 7-7-20 and renumber subsequent sections. Sec. 7-7-20. Complaints Concerning Ambulance Services. Complaints against an ambulance service in the County, whether or not such ambulance service currently holds a license pursuant to this Chapter, must be filed in writing with the Director. The written Complaint must contain the name, address and telephone number where the Complaining Party may be reached, and as detailed information as possible concerning the Complaint. The Director or his designee will investigate such incidents. Upon completion of the investigation, the Director shall report the resolution of the investigation to the Complaining Party and any other entity as appropriate or required pursuant to the provisions of 6 CCR 1015-3, Section 12.4.2. A report of all complaints and the resolutions of such complaints shall be provided to the medical director that oversees the relevant ambulance service. Amend Sec. 7-8-20. County ambulance service. The Weld County Paramedic Service is the ambulance service organized and furnished by the County, pursuant to the provisions of state statutes. So long as the Weld County Paramedic Service is in existence and is duly licensed pursuant to this Chapter, the Weld County Paramedic Service may provide emergency service to all areas of the County and to those other areas specifically set forth in the Weld County Paramedic Service application and license. Weld County Regional Communications Center may dispatch Weld County Paramedic Service to respond to a call within another ambulance service's service area under the terms and conditions set forth in Section 7-3-20, above. Amend Sec. 7-8-30. Triage authority. Incident Command shall appoint triage authority at an active incident. Weld County Paramedic Service shall be appointed medical triage authority in the County when Weld County Paramedic Service and any other ambulance service have responded to calls for emergency assistance where medical triage authority has not yet been established, and/or a dispute concerning medical triage exists. Add the following Article: ARTICLE XI Enforcement Sec. 7-9-10. Violations and penalties. The County, through the Director of Weld County Department of Public Health and Environment, may enforce this Chapter through methods included in this Chapter or through other methods adopted by the Board of County Commissioners. Sec. 7-9-20. Criminal penalties. A. Any person, firm, corporation, or ambulance service violating any provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment in the County Jail for not more than ten (10) days, or by such fine and imprisonment for each offense or violation. Each day during which such violation continues shall be deemed a separate offense. B. Whenever the Department of Public Health and Environment,through one of its employees, has personal knowledge of any violation of this Chapter, it shall give written notice to the violator to correct such violation within fifteen (15)days after the date of the notice. Should the violator fail to correct the violation within such fifteen-day-period, the Director may request that the Sheriffs office issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in court at a definite time and place stated therein to answer and defend the charge. One(1)copy of the summons and complaint shall be served upon the violator by the Sheriffs office in the manner provided by law for the service of a criminal summons. One(1)copy each shall be retained by the Sheriffs office and the Director, and one (1) copy shall be transmitted to the Clerk of the Court. C. It is the responsibility of the County Attorney to enforce the provisions of this Section. In the event the Board of County Commissioners deems it appropriate, the Board of County Commissioners may appoint the District Attorney to perform such enforcement duties in lieu of the County Attorney. Sec. 7-9-30. Equitable relief in civil action. In the event that any ambulance service is being operated within Weld County in violation of any provision of this Chapter, the County Attorney, or where the Board of County Commissioners deems it appropriate, the District Attorney, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, or other appropriate action or proceeding to prevent, or enjoin such violation. Sec. 7-9-40. Civil Penalties. A. In addition to any penalties imposed pursuant to Section 7-9-20 above, any person, firm, corporation or ambulance service violating any regulation or provision contained in this Chapter may be subject to the imposition, by order of the County Court, of a civil penalty in an amount of not less than two hundred fifty dollars ($250.00), nor more than five hundred dollars ($500.00). It is within the discretion of the County Attorney to determine whether to pursue the civil penalties set forth in this Article. Each day after the issuance of the order of the County Court during which such violation continues shall be deemed a separate violation and shall, in accordance with the subsequent provisions of this Section, be the subject of a continuing penalty in an amount not to exceed fifty dollars ($50.00)for each such day. B. The Department of Public Health and Environment, through one(1)of its employees,shall, upon personal information and belief that a violation of any regulation or provision of this Chapter, give written notice to the violator to correct such violation within fifteen (15)days after the date of such notice. If the violator fails to correct the violation within such fifteen-day period or within any extension period granted by the Director, the Director may request the County Sheriff or the County Attorney issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of such charge to the violator. C. One (1) copy of the summons and complaint issued pursuant to Subsection B above shall be served upon the violator in the manner provided by law for the service of a County Court civil summons and complaint in accordance wit the Colorado Rules of County Court Civil Procedure. The summons and complaint shall also be filed with the Clerk of the County Court and thereafter the action shall proceed in accordance with the Colorado Rules of County Court Civil Procedure. D. If the County Court finds, by a preponderance of the evidence, that a violation of any provision of this Chapter as enacted and adopted by the Board of County Commissioners has occurred, the Court shall order the violator to pay a civil penalty in an amount allowed pursuant to Subsection A,above. Such penalty shall be payable immediately by the violator to the County Treasurer. In the event that the alleged violation has been cured or otherwise removed at least five (5) days prior to the appearance date in the summons, then the County Attorney shall so inform the Court and request that the action be dismissed without fine or appearance of the defendant. E. Upon the filing with the Court of a receipt issued by the County Treasurer showing payment in full of a civil penalty assessed pursuant to this Section and upon the filing of an affidavit of the Weld County Department of Public Health and Environment that the violation has been cured, removed or corrected, the Court shall dismiss the action and issue a satisfaction in full of the judgment. F. If a receipt showing full payment of the civil penalty or the affidavit required by Subsection E, above, is not filed, the action shall continue and the Court shall retain jurisdiction to impose an additional penalty against the violator in the amount specified in Subsection A of this Section. Such additional penalty shall be imposed by the Court upon motion filed by the County and proof that the violation has not been corrected. Thereafter, the action shall continue until the penalty and any additional penalties so assessed and the filing of an affidavit of the Department of Public Health and Environment that the violation has been corrected. 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 sub sections 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 sub-sections 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. NOTICE PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2007-8 published above, was introduced and, on motion duly made and seconded, approved upon first reading on October 1, 2007. A public hearing and second reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room,915 10th Street, Greeley,Colorado 80631,on October 22, 2007. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, Third Floor, 915 10th Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. SECOND READING: October 22, 2007, at 9:00 a.m. THIRD READING: November 14, 2007, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 5, 2007 PUBLISHED: October 10, 2007, in the Fort Lupton Press WELD COUNTY CODE ORDINANCE 2007-8 IN THE MATTER OF REPEAL- PROOF OF PUBLICATION ING AND REENACTING, H AMENDMENTS,CHAPTER I7 EMERGENCY MEDICAL BRIGHTONSER- STANDARD BLADE VCES,OF THE WELD COUNTY STATE OF COLORADO CODE BE IT ORDAINED BY THE BOARD COUNTY OF WELD SS. OF COUNTY COMMISSIONERS lJ OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS,the Board of County I, Karen Lambert, do solemnly swear that I am the Commissioners of the County of Weld,State of Colorado,pursuant Publisher of the Fort Lupton Press; that the same to Colorado statute and the Weld County Home Rule Charter,is is a weekly newspaper printed and published in the vested with the authority of admin- istering the affairs of Weld County. County of Weld, State of Colorado, and has a Colorado.and general circulation therein; that said newspaper WHEREAS,the Board of County Commissioners,on December 28, has been published continuously and 2000.adopted Weld County Code Ordinance 2000-1,enacting a uninterruptedly in said county of Weld for a period comprehensive Code for the County of Weld,including the codification of of more than fifty-two consecutive weeks prior to all previously adopted ordinances of a general and permanent nature the first publication of the annexed legal notice or enacted on or before said date of adoption,and advertisement; that said newspaper has been admitted to the United States mails as second- WHEREAS,ind ofthe revision andnntyCode is EdthWel ConCocl clarifica- tion with regard to procedures, class matter under the provisions of the act of terms,and requirements therein. March 3, 1879, or any amendments thereof, and NOW,THEREFORE,BE IT OR- DAINED by the Board of County that said newspaper is a weekly newspaper duly Commissioners of the County of Weld,State of Colorado,that qualified for publishing legal notices and certain existing Chapters of the Weld County Code be,and hereby advertisements within the meaning of the laws of are,repealed and re-enacted, ,•iithamendments.and the varina.— the State of Colorado. That the annexed legal Chapters are revised to read as follows. notice or advertisement was published in the CHAPTER 7 regular and entire issue of every number of said Emergency Medical Services weekly newspaper for the period of ONE Amend Sec.7-1-10. Purpose. consecutive insertion(s); and that the first The purpose of this Chapter is to set forth the requirements for high publication of said notice was in the issue of quality emergency medical services to all citizens of the County. It is newspaper, dated 10TH day of OCTOBER, 2007, the intent of the Board of County Commissioners that emergency and the last on the 10TH day of OCTOBER, 2007. medical service in the County will consist of,at a minimum,timely response,transportation,treatment, communication and documentation subsystems designed to prevent premature mortality and to reduce +++---...err ��' the morbidity that arises from critical y��� injuries,exposure to poisonous nsubstances and illto s. Amend Sec.7-1-20. Delegation. A. The Board of County Commissioners designates Publisher, Subscribed and sworn before me, this and delegates to the Director of the 10TH day of, OCTOBER, 2007. Weld CountyDepartmnt the Public Health and Environment Department et the author- ity c to manage the Emergency Medi- cal j / s Se out in Rules and Rr Undtions er /nl// /,�, `/ //� o as set out in this Chapter Under LX R uC tx.e—.7 the direction of the Board,inspec- tions,licenses,permits,applications' f� and other functions necessary to �Qy1 t,.OP , implement this Chapter shall be the ``vv��"���.' responsibility of the Director. tQTARI) Remainder of Section-No change. I4I 1{ YST p Amend Sec.7-1-30. Definitions. N V 0 i „q PUBIS The following definitions shall apply • ' r'yBY 'l' (�i in the interpretation and enforce- V 1'v merit of this Chapter. Op CO‘" 5 Advanced life support person- nel means a minimum of two individuals,including at least one Notary Public. (1)state-licensed Registered Nurse, or one(1)state-certified EMT-Para- medic or EMT Intermediate,and the second individual must be,at a minimum,a current state certified EMT-Basic. One(1)of the above named personnel two individuals may also serve as the emergency vehicle operator of the ambulance. Air ambulance means a fixed-wing / or rotor-wing aircraft that is equipped to provide air transporta- Standby service means a service D.Vehicles used or designates roc Amend 7-2-140. A al of lion and is specifically designed to provided by contract or on a vol- the scheduled transportation of application Sec.7--1 ppe accommodate the medical needs untary basis to provide emergency convalescent patients,individuals ial. o'individuals who are ill,injured I medical services at special events, with disabilities or persons who or otherwise mentally or h sin including athletic and competitive would not be expected to require Any person or entity having been tally incapacitated and who require events,which may pose a potential skilled treatment or care while in the denied a license by the Director in-flight medical supervision, hazard for injury or death and vehicle. may a appeal ch Commit the require immediate emergency medi- 9 The request County fnommion such Ambulance means any privately cal care. Standby service providers Remainder of Section-No change. denial must be in hearing on shall or publicly owned land vehicle must comply with all requirements, defiled with s the writing iti to the shall especially constructed or modified including,but not limited to,insur- , Amend Sec.7-2-90. Application no later than thirty(30)days after rd and equipped,intended to be ' ance requirements for emergency . Requirements. •used and maintained or operated medical service providers set forth ! the date of notification by the Direc- by an ambulance service for the in this Chapter. Every applicant for an ambulance 7„e request to the apptic a nt of su shah ll transportation in the County of service license or an ambulance9 individuals who are sick,injured or Amend Sec.7-2-20. Vehiclepermit ' vehicle permit shall complete and specify the grounds of the appeal. otherwise incapacitated or helpless. I for each ambulance. submit to the Department an ap- A hearing based upon the specific P P : plication,and supporting documents grounds stated in the appeal shall For the purposes of this Chapter, be scheduled and conducted in ambulance shall not include air In addition to the license required for approval. Said application for vehicles used in air medical trans- by Section ,above,for an approval shall contain,but not be accordance with Sec.7-7-30 of this port,because,by state law,such ambulanceservice,the Depart- kmited to the following information: Chapter. The decision of the Board air ambulances are licensed by rent shall issue a permit for each based sgleof-County l o not eloners shall be ro grounds of the the Colorado Department of Public ambulance used. Said ambulance A and B-No change. y 9 P appeal set forth in the applicant's Health and Environment vehicle permit shall be issued c C. The description of request for hearing. a finding that the applicant's vehicle eanie life support a that ee and equipment of comply with r and tho ance nucg the mae means an ambulance that meets requirements this Chapter model,year of manufacture,current Add Sec.7-2-180. Change of medi- the qPcal director. requirements ed for equipment Cot as the applicable requirements E.M.S. set Colorado st ass number, established ommis io by the andBoard of County forth in the current E.M. .Laws. motor gth ofvehicletm chassis number and least (1) is staffed by at Thepermit issued for each vehicle length of time the vehicle has been any nambulancechge service must report � in service. change of medical director, least one(1)Emergency Medical will is that hae the maximum dlevel of D.The location and description of including name,address and cerTechnician-Basic/EMT-B the State, and n currently servvehicle ice can be tan ce basic by place telephone that as sd by the um th, a current n ort e.g.Ammbance advanced life -the ambulance service s will which the p foe n(15) l the r days that a inimum has a support"or"Ambulance will operate. within fifteen(15)calendar days of American Red Cross Advanced life support"). The ambulance such change. First Aid Card,an American Heart ' vehicle permit fee shall be set by E. The Amend Sec.7-3-10. Emergency Association Health Care Provider separate ordinance. name,address-and telephone num- 9 y Cardiopulmonary Resuscitation ber of the required medical director vehicle operator. Card or its equivalent,or the Amend Sec.7-2-30. Expiration of to the ambulance service,and an equivalent of both as established licenses and permits. attestation by the Medical Director -For land vehicles,the ambulance by the State Advisory Council on of willingness to provide medical driver shall meet the requirements Emergency Medical Services,and a All ambulance service licenses and oversight and a medical continuous of Section 25-3.5-202,C.R.S. This valid Colorado driver's license, ambulance vehicle permits issued quality improvement program for requirement may be waived in un- by the County shall expire on De- the ambulance service., usual emergency conditions when P no driver meeting these Applicant means that person or camber 31 o the year issuedF.The ments is available. require- entity who is an initial applicant area to be served by the • or an applicant for renewal for an Amend Sec.7-2-40. Medical direr- ambulance service. PP Amend Sec.7-3-30. Documenta- ambulance service license or ambu- tor required. C A lion. lance vehicle permit. — Each ambulance service licensed in list of all emergency medical service Current E.M.S.laws means the the County shall have a Medical Di- providers who may be called upon Each ambulance service shall Emergency Medical Services rector,who shall comply with all of to respond to an'emergency with prepare,maintain and submit upon Act,Section 25-3.5-101 et.se the appropriate requirents of the the ambulance service. This list request copies of uniform and q^ p shall include the following informs- standardized records conceming C.R.S., e t of Public ubd;Health e Colorado current EMS Laws. The Medical the transportation and/or treatment Department of and Director r be notified tof in writing lion on each person: Po - - by his Department any any vambiolation , of patients as requState of by theDkec- P . 1 through 5-No change. tor and/or the State of Colorado of this Chapterby licensee for I I Department of Public Health and Emegncy Rules Pertaining Servs,to which the o Minedical for H.Proof of insurance,as required in Environment. Such records shall CCR 1015- ,Medical Services,6 services vic and over i t. provides Section 7-3-50,below. q include all information determined CoColo 1d o o,Board of Medical and oversight. to be essential by the Colorado De- ers Rule 500,3 R 713-6,3-6 Examin- I. A current copy of EMT or partment of Public Health and En-, Rule 3 CCR as Amend Sec. lance Advanced fife Paramedic protocols adopted by the I vironment and set forth in the EMS amended. support ambulance. ambulance service in accordance ' I Laws,for maintenance of adequate with standards approved by the am- minimum records on the patient's CounCounty e t means the ubld When ambulance charges e is or bulance service's medical irector • medical condition and medical care and En ment. of Public Health aces ncsupport as a paramedic or provided by the ambulance service. and Environment. advanced the staffing ambulanceJ. A curent All licensed ambulance services Dervic o tand equipment copy of the ambulance service's are required to utilize the statewide Weld Cr means the Department tof of the must comply with the amdefibulan e.of training standards in aocordance emergency medical and trauma Weld CountyEnvironment. of Public advanced life support ambulance. with the requirements approved bprehospital Health and Environment. by services uniform tem resat i care Insert a new Sec.7-2-70 and re- the ambulance service's Medical D. reporting system operated by the rector. All training must be through State of Colorado Department of any person vehicle operator drive means number all subsequent sections. a state-certified emergency medical Public Health and Environment. any ambulance a in the ihed o my as services training center. an in County Add a new Sec.7-3-40 and renum- provided in this Chapter. Sec.7-2-70. Reciprocal agree- ber all subsequent sections. ments with other jurisdictions. K.Make available for review by the eq Medical director means a physician Department current records of tom- Sec 7-3-40. Agency Profile to be who holds an active Colorado pliance with the current EMS Laws. A9 cY medical license,who establishes The County may enter into — submitted to State. and standing orders for rerprocal Ilcensing and permitting L.Copies of any judgments entered protocols agreements with other counties and against the licensee or license Each licensed ambulance service medical acts performed by First neighboring states. applicant within the previous twelve shall complete and submit to the state of Coloers,adoReg-certed Nurses,of r (12)months findings State of Colorado Department of state of peta EMS Colorado-certified EgerMTs f including of P a prehospital service agency Amend Sec.7-2-80. Exclusions. act,conclusions of law and order Public Health and Environment an and who is specifically identified by any court or other tribunal. agency profile as defined by Cobra- as being responsible to assure the Theprovisions of this Chapter shall do Emergency Medical and Trauma conipetenc of theperformance of p M.Such other information as the Services Advisory Council and Y not apply to the following: those acts such First Respond- Department may require to make a approved by the State to provide o ers,Registered Nurses,o or r state of A. The fair determination. information on resources available Colorado-certified EMTs. for planning and coordination of exceptional emergency use of a Amend Sec.7-2-120. AddItional n statewide emergency medical and Physician advisor means a medical privately or publicly owned vehicle, replacement vehicles. trauma services on an annual basis. Y including search and rescue unit •- director_ and quick response vehicles that do Amend Sec.7-3-50. Criminal re- not routinely transport patients or tt an ambulance is added to a cord of ambulance crew member. Quick response team means any vehicles used to transport patients service's fleet,an applicafbn for an organized group of individuals for extrication from areas inacces- ambulance vehide permit strait be Unless waived by the Board of trained,at a minimum.as First Re- Bible to a permitted ambulance. filed with the Department prior to County Commissioners,no person sponders,that provides initial care Vehicles used in this capacity may the new ambulance being placed In shall be employed by an ambulance to a patient prior to the arrival of an only transport patients to the dos- service,but in no event eater than service as an ambulance crew ambulance. est practical point for access to a thirty(30)days of receipt of the new member who has been convicted of permitted ambulance or hospital. ambulance. The completed am any of the following offenses within Registered nurse(RN.)means pllcalion shall include a desenption the previous twelve(12)months - a person duly licensed under the B and C-No change. f the ambulance replaced. Upon from the date of application:felony, provisions of the Professional - receipt of a new ambulance vehicle misdemeanor,Class I or Clads II Nurse Practice Act of the State of - permit application,the Department traffic offense. Colorado. shall inspect the new ambulance and issue the new ambulance Amend Sec.7-330. Insurance. vehicle permit,if appropriate. r- A. Coverage. No Each licensed ambulance service The following practices shall be Sec.7-9-20. Criminal penalties. \_ emergency medical service provider operating within Weld County must unlawful and shall be grounds for shall operate in the County unless it have an ongoing medical continu- a suspension or revocation of a A.Any person,firm,corporation,or is covered by insurance as set forth ous quality improvement program license: ambulance service violating any in Chaof service pshall Each ence consistent the requirements provision mid of this and, pr is guilty co for each maintaininsurance definedd in the Colorado rs Board of A.Willfulond to and dy emergency failure a n misdemeanor hr and,upon convic- coverage for each and every am- Medical Examiners rules,3 CCR respond to any emergency call. (ion thereof,shall be punished by a 713-6,Rule 500,3.2,b. fine of not more than one hundred bulance owned,operservice,ated or vid B.Willful and deliberate failure to dollars($100.00),or by imprison- coverage for ambulance - r providing transport a patient when required in ment in the County Jail for not more perns for injury tour death offrom Amend Sec.7-4-10. Specifications. the event of an emergency. than ten(10)days,or by such fine persons in accidents resulting w Land vehicles obtained,licensed any cause for ui the owner of and r imprisonment for each offense said vehicle should be liable for any and placed in use as ambulances C through H-No change. or violation. Each day during which liability imposed on him or her by --- such violation continues shall be law,regardless of whether the am- (.Noncompliance with any rule or deemed a separate offense. I bulance was being operated by the shall,at the minimum,meet the regulation set forth in the EMS owner,the owner's agent,lessee, guidelines as established by the I Laws concerning the duties and B. ' or any other person,and coverage provisions in the EMS laws appli- responsibilities of emergency medi- Whenever the Department of Public as against damage to the property cable to ambulances. Variances of ,cal technicians or medical directors. Health and Environment,through of another,including personal prop- the above-mentioned specifications one of its employees,has personal erty,under like circumstances,in may be granted at the discretion of Add a new Sec.7-7-20 and renum- knowledge of any violation of this ' the following amounts: the Director. All ambulances shall ber subsequent sections. Chapter,it shall give written notice have the name and level of service i to the violator to correct such viola- 1. of the ambulance service clearly Sec.7-7-20. Complaints Concem- tion within fifteen(15)days after the ' Worker's Compensation Insurance' visible on said vehicles. ing Ambulance Services. date of the notice. Should the viola- Each ambulance service shall main- tor fail to correct the violation within rain at least the statutorily required Amend Sec.7-4-20. Ambulance Complaints against an ambulance such fifteen-day-period,the Director amount of worker's compensation I equipment. service in the County,whether or may request that the Sheriffs office insurance. not such ambulance service cur- issue a summons and complaint to Each ambulance shall contain the rently holds a license pursuant to the violator,stating the nature of the 2.Public liability and property dam- following equipment which shall be this Chapter,must be filed in writing violation with sufficient particularity age,bodily injury. maintained in good working order: with the Director. The written to give notice of said charge to the Complaint must contain the name, violator. The summons and com- a) Each person,six hundred A.Emergency lighting and audible address and telephone number plaint shall require that the violator thousand dollars($600,000) i warning equipment which complies where the Complaining Party appear in court at a definite time b)Each accident,six hundred I with state law for emergency ve- may be reached,and as detailed and place stated therein to answer thousand dollars($600,000). hides. information as possible concem- and defend the charge. One(1) ing the Complaint. The Director or • 3.Property Damage:Each ac- B. Safe tires,and,in addition, his designee will investigate such Icopy of the summons and complaint cident,six hundred thousand dollars adequate snow tires or chains when - incidents. Upon completion of the shall be served upon the violator ($600,000). weather conditions demand. investigation,the Director shall by the Sheriff's office in the manner report the resolution of the investi- provided by law for the service I 4.Professional Liability Coverage: C. In the case of nation to the Complaining Party and g : of a criminal summons. One(1) ambulances providing primary care any other entity as appropriate or copy each shall be retained by the a) Each person,six hundred in the County,or otherwise qualified required pursuant to the provisions Sheriffs office and the Director,and thousand dollars($600,000). pursuant to Section 7-2-S0,above, of 6 CCR 1015-3,Section 12.4.2. one(1)copy shall be transmitted to • b)Each accident,one million dollars a capability of two-way radio com- A report of all complaints and the the Clerk of the Court. ($1,000,000.00). munication with the following:the resolutions of such complaints shall ambulance dispatcher,the Weld be provided to the medical director C. It is the responsibility of ambulance lance Vehicle coverage:The County Regional Communication that oversees the relevant ambu- the County Attorney to enforce the ambulance vehicle insurance shall Center and on-line medical control. lance service. provisions of this Section. In the be avehicles.comas dg net i fSr motor event the Board of County Commis- 10- 6 as defined in Sections D. Safety Amend Sec.7-8-20. County ambu- sioners deems it appropriate,the 10-4-609 and q2-7-103,C.R.S. belts for both the ambulance driver lance service. Board of County Commissioners and other attending personnel. may appoint the District Attorney to P. Proof of shallInsurance. The Weld Cothe atym Parambulance perform such enforcement duties in with t insurance rtm shall be filedit E. The l be required Service is the furnished service lieu of the County Attorney. with the Department,along with equipment shall be that set forth as organized and by the the application for an ambulance required either for Advanced Life County,pursuant to the provisions PP ty Sec. 7-9-30. Equitable relief in civil service. Ever as required in this ! Support or Basic Life SLaws.t.as ofWeld nt statutes, mSo lodicg a the action. Chapter. Every insurance policy I Director ,in the EMS Laws.The County Paramedic del Service rrequired shall contain a thereunder provision I or her may adds to-this list at his is in pursuant atence and is duly licensed In the event that any ambulance for fullothethereunder to or her discretion as other needs or ntyto this Chapter,the Weld continuing liabilityservice is being operated within the full amount thereof,thereon, h- new methodology becomes known. County Paramedic Service may Weld County in violation of any pro- standing any recovery thereon, provide emergency service to all vision of this Chapter,the County that the liability of the insured shall Amend Sec. . Valid EMT areas of the County and to those Attorney,or where the Board of not be affected by the insolvency ' certificate required. other areas specifically set forth in County Commissioners deems it or bankruptcy of the insured,and the Weld County Paramedic Ser- appropriate,the District Attorney, that until a policy is revoked,the No person shall practice as an vice a lication and license. Weld PP in addition to the other remedies insurancefrom company will not be any ambulance Me e Technician for County Regional Communications provided by law,ordinance or reso- nonpayment ant liability on s f failure to any sing r service subject to Center ram didispatch Weld County may lution,may institute an injunction, non a meat ofpremiums,endta the peer n requirements thisf Paramedic Servthetombuland to P Y mandamus,or other appropriate renew license atm the nod of the year a Chapterunless valid that ncy holds a call another ambulance the ser- action or proceeding to prevent,or in any act t omission time s the named a current n Emergency Medical vice's service area under the terms insured. At any time said insurance � Technician certificate from the State and conditions set forth in Section enjoin such violation. is required to be renewed,proof of of Colorado. 7-3-20,above. Sec. 7-9-40. Civil Penalties. renewal shall be provided to the Amend Sec.7-5-20. List of EMSA. In addition to any Department. Amend Sec.7-8-30, Triage author-! providers required. ity. penalties imposed pursuant to Sec- r Remainder of atihn-reletter lion 7-9-20 above,any person,firm, remaining Each Ambn req Service suobjectto triageatCommatdn have appoint 9 Po. ceryoration or ambulance service Chapter thh ersiha requirements the a this triage authority at an active incident. I violating any regulation or provision Amend Sec.7-3-70, Safety belts. ment with shall provide its the Denny- contained in this Chapter may be alt S a list of its Emergencystated Weld County Paramedic Service subject to the imposition,by order o s belts shall be o by all Medical cti Service-8 .G,above, ,a shall be appointed medical triage of the County Court,of a civil pen- ment. in the personnel sd cn hal shalli Section The D p,above,and p notify the Department of any authority in the County when Weld alty in an amount of not less than utilize Attending shallCounty Paramedic Service and two hundred fifty dollars($250.00), at seat belts other e s safety feasible. changesofthe ie that list in t within ist, (30) any other ambulance service have nor more than five hundred dollars Safety belts or l days of change in the list. responded to calls for emergency ($500.00). It is within the discretion ing devices shall be available for assistance where medical triage of the County Attorney to determine lessfd being r transported, ices Amend 7-c wit0. Compli-mba '.. authority has not yet been estab- . whether to pursue the civil penalties less of age or size. Such devices ance by contract with ambulance !. fished,and/or a dispute conceming set forth in this Article. Each day shall be utilized when feasible. services. medical triage exists. after the issuance of the order of Amend Sec.7-3-100. Oomph- ! Emergency Medical Services the County Court during which such ' i Add the following Article: violation continues shall be deemed ance with all applicable laws and contracting with,or employed by, I ARTICLE XI a separate violation and shall,in regulations. groups and organizations for public Enforcement accordance with the subsequent events and not employed or utilized provisions of this Section,be the Ambulance services operating in by a licensed ambulance service p 19Sec.7-9-10. Violations and penal- subject of a continuing penalty in an the County must comply with all licensed by the County shall,upon ties. amount not to exceed fifty dollars applicable federal,state and local request,be able to demonstrate ($50.00)for each such day. laws and regulations,L,including,but bons as promulgated o md a and eeCola-un The County,through the Director of not and r tg,EMS Laws,HIPPA tiands r htM b the County, Weld County Department of Public laws and regulations,and relevant and through the EMS Laws. Health and Environment,may en- County and municipal zoning force this Chapter through methods regulations. Amend Sec.7-7-10. Unlawful Practices. included in this Chapter or through other methods adopted by the Add Sec.7-3-110. Medical gramconfirm- Board of County Commissioners. ous quality improvement program - required B.The Department of Public Health • if.": and Environment,through one BE IT FURTHER ORDAINED by (1)of its employees,shall,upon the Board if any section,subset- personal information and belief that bon,paragraph sentence,clause, a violation of any regulation or pro- or phrase of this Ordinance Is for vision of this Chapter,give written any reason held or decided to be notice to the violator to correct such unconstitutional,such decision shall violation within fifteen(15)days not affect the validity of the remain- after the date of such notice. If the ing portions hereof. The Board violator fails to correct the violation of County Commissioners hereby within such fifteen-day period or ' declares that it would have enacted within any extension period granted this Ordinance in each and every by the Director,the Director may section,subsection,paragraph, - request the County Sheriff or the sentence,clause,and phrase there- County Attorney issue a summons of Irrespective of the fact that any and complaint to the violator,stating one or more sections,subsections, the nature of the violation with suf- paragraphs,sentences,clauses, ficient particularity to give notice of or phrases might be declared to be such charge to the violator. unconstitutional or Invalid. C. - One•(1) copy of the summons and complaint issued pursuant to Subsection B above shall be served upon the vio- lator in the manner provided by law for the service of a County Court NOTICE civil summons and complaint in ac- cordance wit the Colorado Rules of PURSUANT to the Weld County County Court Civil Procedure. The - Home Rule Charter,Ordinance summons and complaint shall also Number 2007-8 published above,. be filed with the Clerk of the County was introduced and,on motion duly Court and thereafter the action shall made and seconded,approved proceed in accordance with the • upon first reading on October 1, Colorado Rules of County Court 2007. A public hearing and second Civil Procedure. reading is scheduled to be held in D.If the County Court finds,by a the Chambers of the Board,First preponderance of the evidence, Floor Hearing Room,915 10th that a violation of any provision Street,Greeley,Colorado 80631, of this Chapter as enacted and on October 22,2007. All.persons In adopted by the Board of County any manner interested in the read- Commissioners sinners has occurred,the ing of said Ordinance are requested Court shall order the violator to pay to attend and may be heard. a civil penalty in an amount allowed pursuant to Subsection A,above. I Please contact the Clerk to the Such penalty shall be payable Board's office at phone(970) immediately by the violator to the 336-7215;Extension 4225,or fax County Treasurer. In the event (970)352-0242,prior to the day that the alleged violation has been of the hearing if,as the result of a cured or otherwise removed at least disability,you require reasonable ance five(5) to In prior to uthe appear- accommodations in order to partici- County Attorney y summons,then h the pate in this hearing. County shall so inform the Court and request that the action be Any backup material,exhibits or dismissed without fine or appear- information previously submitted to once of the defendant. the Board of County Commission- E.Upon the filing with the Court ers concerning this matter may be of examined in the office of the Clerk a receipt issued by the County M the Board of County Commis- Treasurer showing payment in full sinners,located In the Weld County of a civil penalty assessed pursuantto this Section and upon the filing Centennial Center,Third Floor,915 ofaffidavitof the Weld County 10th Street,Greeley,Colorado, of an m between the hours of 8:00 a.m.and Departmentt of Public Health and 5:00 p.m.,Monday thru Friday,or may be accessed through the Weld County Web Page(www.co.weld. ' Environment that the violation has , co.us)). E-Mail messages sent to been cured,removed or corrected, • an Individual Commissioner may the Court shall dismiss the action not be included in the case file. To and issue a satisfaction in full of the ensure inclusion of your E-Mail judgment. correspondence into the case file, please send a copy to egesick@ F.If a receipt showing full payment co.weld.co.us. of the civil penalty or the affidavit required by Subsection E,above,is SECOND READING:October 22, not filed,the action shall continue 2007,at 9:00 a.m. and the Court shall retain jurisdic- THIRD READING:November 14, tion to impose an additional penalty 2007,at 9:00 a.m. against the violator in the amount specified in Subsection A of this BOARD OF COUNTY COMMIS • - Section. Such additional penalty SIONERS shall be imposed by the Court upon WELD COUNTY,COLORADO motion filed by the County and proof that the violation has not been DATED:October 5,2007 corrected. Thereafter,the action PUBLISHED:October 10,2007,in shall continue until the penalty and the Fort Lupton Press any additional penalties so as • - sessed and the filing of an affidavit of the Department of Public Health and Environment that the violation has been corrected. • 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 amend- ments contained herein,to coincide with chapters,articles,divisions, sections,and sub sections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization,gram- mar,and numbering or placement of chapters,articles,divisions, - sections,and sub-sections in said Code. Hello