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HomeMy WebLinkAboutContract 28675 y '6=CRETAR CONTRACT VC THE CITY OF FORT WORTH PUBLIC HEALTH DEPARTMENT MEMORANDUM OF UNDERSTANDING WHEREAS the services of a Health Authority are required for the operation of the City of Fort Worth Public Health Department; WHEREAS Dr. Brian Rogers, D.O. has agreed to serve as the City of Fort Worth's Health Authority. The City of Fort Worth in behalf of the Public Health Department, hereinafter referred to as "City" and Dr. Brian Rogers, D.O., hereinafter referred to as "Health Authority"have agreed to the following terms: 1. The Health Authority agrees to perform the duties imposed by State law under the Health and Safety Code section 121.024, attached hereto as "Exhibit A", which is hereby incorporated as a part of this Agreement as if it were set forth at length 2. The Health Authority agrees to perform the duties designated by the City of Fort Worth for emergency personnel exposed to communicable diseases, attached hereto as "Exhibit B", which is hereby incorporated as a part of this Agreement as if it were set forth at length. 3. The Health Authority shall take the official oath of office as required by the Health and Safety Code, Section 121.022(b)(1) and shall file a copy of the oath and this appointment with the Texas Board of Health. 4. The Health Authority warrants that he can perform the services provided for in this agreement and that the services will be performed in the highest professional standards. 5. As compensation for services rendered under this memorandum, City shall pay Health Authority one thousand dollars (S 1,000) per month. 6. The term of this agreement shall commence on or about April 1, 2003 for two years, unless sooner terminated by either party. 7. Termination of this agreement without cause may be by either party with thirty (30) days written notice. Said termination notice shall be considered to be rendered by the postmark date stamped by United States Postal Service for delivery to the other party. Upon termination, the parties shall be released from all obligations contained in this agreement. 8. All notices, requests, demands and other communications under this agreement which are required to be in writing shall be deemed as having been duly given on the date of service, if sevved personally on the party to whom notice is to be L of mailing, if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid and properly addressed as follows: "cityll Daniel B. Reimer, Director City of Fort Worth Public Health Department 1800 University Drive, Suite 232 Fort Worth, Texas 76107 "Health Authority" Brian B. Rogers, D.O. Occupational Fitness and Trauma Center 1014 North Nolan River Road Cleburne, Texas 76033 9. The Health Authority shall comply with all federal, state and local laws, ordinances, rules and regulations applicable to the performance of work under this agreement. 10. This agreement shall be construed in accordance with the laws of the State of Texas. Exclusive venue for any lawsuits or action of law or in equity arising hereunder shall be in Tarrant County, Texas. "Health Authority" Dr. Brian B. Rogers, Date' ibby W "t' n ate Assistant City Manager Approved as to Form Assistant ity Attorney CkI Atte : ontract Authorization 03 ZI Date Q,—/�/ , City ecret 2 F)chib�+A ATTACHMENT A HEALTH AND SAFETY CODE 9§121.021-121.025 SUBCHAPTER B. HEALTH AUTHORITIES 121.021. Health Authority A health authority is a physician appointed under the provisions of this chapter to administer state and -local laws relating to public health within the appointing body' s jurisdiction. Acts 1989, 71st Leg. , ch. 678, 1, eff . Sept . 1, 1989 . Amended by Acts 1991, 72nd Leg. , ch. 118 , § 2 , eff. Sept . 1, 1991 . § 121.022. Qualifications (a) A health authority must be: (1) a competent physician with a reputable professional standing who is legally qualified to practice medicine in this state; and (2) a resident of this state. (b) To be qualified to serve as a health authority, the appointee must : (1) take and subscribe to the official oath; and (2 ) file a copy of the oath and appointment with the board. Acts 1989, 71st Leg. , ch. 678, 1, eff . Sept . 1, 1989 . § 121.023. Term of office A health authority serves for a term of two years and may be appointed to successive terms . Acts 1989, 71st Leg. , ch. 678, 1, eff . Sept . J- 19891 § 121.024. Duties (a) A health authoril[-v is a sta--e officer when Derformina duties preys bed by state law. (b) A Ihealth authority shall -oerform, each duty that is : necessary Lo implement and en-force a law to protect t1le publilc health: or (2 ) P--es cribed b-v the board. (c) The duties of a health authority include: (1) establishing, maintaining, and enforcing quarantine in the health authority' s jurisdiction; (2) aiding the board in relation to local quarantine, inspection, disease prevention and suppression, birth and death statistics, and general sanitation in the health authority' s jurisdiction; (3) reporting the presence of contagious, infectious, and dangerous epidemic diseases in the health authority' s jurisdiction to the board in the manner and at the times prescribed by the board; (4) reporting to the board on any subject on which it is proper for the board to direct that a report be made; and (5) aiding the board in the enforcement of the following in the health authority' s jurisdiction: (A) proper rules, requirements, and ordinances; (B) sanitation laws; (C) quarantine rules; and (D) vital statistics collections . Acts 1989 , 71st Leg. , ch. 678, § 1, eff . Sept. 1, 1989 . 5 121.025. Removal From office A health authority may be removed from office for cause under the personnel procedures applicable to the heads of departments of the local government that the health authority serves . Acts 1989 , 71st Leg. , ch. 678, 5 1, eff . Sept. JIL, I989 . EXHIBIT B City of Fort Worth's Procedures for Emergency Personnel's Possible Exposure to Communicable Disease Emergency Personnel's Designated Contact Person: Police Department: Marty Humphrey or her designee at telephone number 877-8057; pager number 998-0880 Fire Department: Capt. Jim Sowder or his designee at telephone number 871-8753; mobile number 999-7953 Marshal's Office: Marshal Ronald Babcock or his designee at telephone number 871-6739 Assistant City Attorney: Christa Lopez at telephone number 871-8984 City Health Authority Dr. Brian Rogers 817-517-7151; mobile number 821-0681; home number 817-557-2247 Occupational Health & Safety: William Armstrong, 817-871-8414; mobile number 817-269-8635 1. Possible Exposure 2. Officer/exposed worker fills out Affidavit form. 3. Written notice of the exposure is given to the hospital. This notice should include: (a) name of the emergency medical service employee, peace officer or fire fighter; (b) date of the exposure; (c) the circumstances of the exposure; and (d) telephone number of the contact person if more information is needed. 4. Attempt to obtain source's consent for testing. Source Consents Procedures: 1. Ask source to sign consent form. 2. Make sure the form is signed by a third party witness. 3. Call EMS 99 at 817-994-0875 and have them en route to the scene. 4. EMS 99 will call the City Health Authority and let him know he/she is responding to an exposure. 0. Ask hospital to draw blood and run a full range of bloodborne pathogens--HIV, HepC, Hep B, and RPR. Ask the hospital to use the rapid HIV test if available. 6. Ask hospital to test blood. If hospital refuses to test the blood, ask that an EMS 99 paramedic come to the scene to transport the blood to the Occupational Health Provider for the City of Fort Worth for testing. The paramedic must establish a chain of custody until the blood is delivered to the laboratory. 7. If the source is not being taken to the hospital, and the source signs a consent form at the scene authorizing the paramedic to draw the blood at the scene. call the above telephone numbers and ask for an EMS 99 paramedic to come to the scene and draw the blood. The paramedic can draw the source's blood if the source authorizes the paramedic to draw the blood in the consent form. The paramedic must establish a chain of custody until the blood is delivered to the occupational health provider for the City of Fort Worth or the Hospital's laboratory. 8. If the source consents to testing and is in jail, jail personnel or EMS 99 if jail personnel at not available will draw the blood and send the blood to J.P.S. Hospital for testing. 9. Employee testing, prophylaxis and counseling are initiated at the hospital. 10. The hospital or the occupational health provider for the City of Fort Worth should notify the Department Designee ("Department Designee" means the Texas Department of Health's Designee as defined in 25 T.A.C. § 97.13(d) for purposes of determining whether a risk of exposure has occurred) of a possible exposure. The designee shall be the City Health Authority or his named substitute. 11. The designated contact person should notify the City Health Authority if the source will not consent to testing and an Administrative Order needs to be issued. The City Health Authority will give the approval to serve the Administrative Order, and two police officers will be summoned to the source to assist in the serving of the Order. 12. Once the Health Authority receives the results of the test, he/she will inform the exposed employee and Risk Management of the results. Source Does Not Consent to Testing --- Mandatory Testing 1. If the source refuses to consent, the officer who spoke to the source should document this by writing "Refused" on the consent form. 2. The designated contact person should notify the City Health Authority if the source will not consent to testing and an Administrative Order needs to be issued. The City Health Authority will give the approval to serve the Administrative Order, and two police officers will be summoned to the source to assist in the serving of the Order. 3. If the source still refuses, the officers will take the Order to the jail, locate a judge, and a subpoena will be issued to take the blood by force. [Note: According to the law, the source must have legal representation for a court order regarding blood being taken by force. Legal representation is not necessary for an Administrative Order.] 4. Contact person for the department needs to send the emergency personnel's completed affidavit and source refusal or other documentation of source refusal to the City Health Authority as soon as possible. However, these originals should not remain with the City Health Authority; the Police or Fire or Marshal's Office should get the originals back in the event the case needs to go to court. 5. The City Health Authority makes a determination as to whether there was an exposure within one hour of receiving the request for the Order for Mandatory Testing. 6. If the City Health Authority determines that an exposure did not occur, the City Health Authority will document the basis for his or her opinion and send a copy of the opinion to the contact person for the Department that requested the Order and the Assistant City Attorney within one hour of the request for an Order for Mandatory Testing. 7. If the City Health Authority determines that an exposure may have occurred, the EMS 99 will be in contact with the City Health Authority, and the decision will be made to proceed with the Administrative Order within one hour of the request, ordering the source to test for communicable disease. The Orders will be prepared, and the Paramedic/EMS 99 will extract the signed Order from the secure location in the EMS 2 99 van. The EMS 99 will then fill in the specifics of the case on the Order, and the Order is then ready to be served. The City Health Authority will review the case with the Paramedic and, if necessary, tell the Paramedic to serve the Order. The Order is then active and ready to be served, 8. Capt. Jim Sowder or his designee will either serve the order on the source with a police officer or appoint an EMS 99 paramedic to serve the order with a police officer. The EMS 99 personnel will have the proper training before this is done. 9. If the Source will consent to the testing, a) the paramedic can draw the source's blood at the scene once a consent form authorizing the paramedic to draw the blood is signed; if the source allows the EMS 99 paramedic to draw the blood, the paramedic must establish a chain of custody until the blood is delivered to the Occupational Health Provider for the City of Fort Worth or J.P.S. for testing. b) if the source wants to be transported to J.P.S. Hospital or the Occupational Health Provider for the City of Fort Worth, the paramedic and police officer will transport the source to the hospital or the Occupational Health Provider for the City of Fort Worth for testing. 10. If the Source refuses to comply with the order, the EMS 99 paramedic will contact the City Health Authority and the requesting department's contact person. If the exposed person is a Police Department employee, Marty Humphrey should be notified at 877- 8057 and informed of the situation. 11. The original Affidavit and a copy of the Refusal to Test and Order for Mandatory Testing must be sent to the Assistant City Attorney, or the officers that served the Administrative Order can go to the jail and locate a judge that will issue a subpoena for the blood draw. The Assistant City Attorney can handle the remaining refusals to test the next business day. 12. The Assistant City Attorney will hand deliver the refusal, affidavit and copy of the order to the District Attorney's office on the same day and ask that a hearing date be scheduled as soon as possible. 13. The Assistant City Attorney will inform the contact person or his or her designee about any additional personnel or information needed at the hearing. 14. The Assistant City Attorney will contact Capt. Jim Sowder to make sure that at least one EMS 99 paramedic is present at the hearing to draw the source's blood if the Court orders Mandatory Testing. 15. Court Hearing: If the Court does not order testing, the Assistant City Attorney will talk to the District Attorney about appealing the court's decision. If the Court orders testing, the EMS 99 paramedic will draw the source's blood at the hearing and establish a chain of custody until the blood is delivered to the laboratory of the Occupational Health Provider for the City of Fort Worth for testing. 3 � f THE STATE OF TEXAS Statement of Elected/Appointed Officer (Please type or print Legibly) I Brian B. Rogers, D.Q. do solemnly swear (or affirm) that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. Affianced Signature Brian B. Rogers, D.Q. Printed Name Health Authority Position to Which Elected/Appointed City of Fort Worth Cite and/or County SWORN TO and subscribed before rite by affiant on this rr day of May 2003 Cj-c, ature of Person Authorized to Administer Oaths/Affidavits (Seal) LI Z21/a c Printed :Warne otary Puhll Title Pursuariit to Tex. Coast, Wit,XVI, fl(b), arnended 20Cl j. Revised by the TDH Office of Public Health Practice. August 2002 (BATH OF OFFICE For Local Health Authorities in the State of Texas 1, Brian B. Rogers, D.O. , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Health Authority of the State of Texas and will to the best of my ability, preserve, protect, and defend the Constitution and laws of the Unit-d Qtat e and of tote, so help me God. fiant 1014 N. Nolan River Rd. , Cleburne 76033 Mailing Address ZIP (817) 517-7151 (Area Code)Phone Number SWORN TO and subscribed before me this /;Z2�7A day of May , 2003 . ignature of Person Administering{bath -- ( `e�v') Printed Name Notary Public Title (See reverse side for instruction Revised by the office of Public Health Practice,February 2002 0 Certificate of Appointment For a Local Health .Authority 1, Daniel B. Reimer acting in the capacity as a (Check the appropriate designation below) x Non-physician and the Local Health Department Director Mayor or Designee County Judge of Designee Chairperson of the Public Health District do hereby certify the physician, Brian B. Rogers, D.O. , who is licensed by the Texas Board of Medical Examiners, was duly appointed as the Local Health Authority for the City of Fort Worth ,Texas. Date term of office begins April 1 2003 Date term of office ends March 31 20_05, unless removed by law. The Local Health Authority has been appointed and approved by the: (Check the appropriate designation below) Director, X City Council for the City of Fort Worth Commissioners Court for C.-Unty Board of Health for the Public Health District I certify to the above information on this the `fit day of 20D3. Signature of appointing official (See reverse side fear instructions) Revised by the Office of Pubhc Health Practice,February 2002 City of Fort Worth, Texas ly"Agor and Council comp"U"icatio" Zwy DATE REFERENCE NUMBER LOG NAME PAGE 3/25/03 **G-1 3923 1 50ROGERS 1 of 1 SUBJECT REAPPOINTMENT OF HEALTH AUTHORITY RECOMMENDATION: It is recommended that the City Council reappoint Dr. Brian Rogers, D.O. as Health Authority for the City of Fort Worth pursuant to the Health and Safety Code, Sections 121.021 - 121.024. DISCUSSION: Under the Health and Safety Code, the Director of the Public Health Department, who is not a physician, must appoint a Health Authority for the jurisdiction it serves. A Health Authority is a physician, whose duties include establishing, maintaining and enforcing quarantine laws in the City, reporting the presence of contagious, infectious and dangerous epidemic diseases in the City to the Texas Board of Health, and enforcing sanitation laws, quarantine rules and vital statistic collection within the City. In this capacity, Dr. Brian Rogers has served two two-year terms since April 1999. He has agreed to continue to serve as the City's Health Authority for $12,000 per year from April 1, 2003 through March 31, 2005. As part of this arrangement, Dr. Rogers or his designee will be available 24 hours a day, 7 days a week to any emergency personnel who may be exposed to a contagious disease while performing his or her duty, to make a determination as to whether mandatory testing for a contagious disease should be initiated. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. LW:r Submitted for City Manager's FUN i ACCOUNT CENTER ANIOUTNT CITY SECRETARY Office by: (to) 6193 Originating Department Head: Daniel Reimer r0m) 1 APPROVED 3/25103 0501000 1 $12000-00 Additional Information Contact, EveKn Brown 7202