HomeMy WebLinkAboutOrdinance 11663~.~ ~~~ ~. ~ z~
ORDINANCE NO . ~ J ~P ~P
AN ORDINANCE AMENDING THE UNIFORM EMS ORDINANCE ADOPTED
PURSUANT TO THE EMS INTERLOCAL COOPERATIVE AGREEMENT TO
WHICH THE CITY OF FORT WORTH IS A PARTY, SAID UNIFORM EMS
ORDINANCE BEING CODIFIED AS CHAPTER 5, CITY CODE, THE
PURPOSES OF THE AMENDMENT BEING TO ADD A DEFINITION OF
THE TERM "WHEELCHAIR TRANSPORT SERVICES", TO REMOVE THE
REGULATION OF SUCH SERVICES FROM THE JURISDICTION OF THE
EMERGENCY PHYSICIANS ADVISORY BOARD (EPAB), TO PROVIDE A
DEFENSE TO ALLEGED VIOLATION OF THE UNIFORM EMS
ORDINANCE, AND TO AMEND A STATUTORY REFERENCE REGARDING
EMERGENCY MEDICAL SERVICES VOLUNTEER PROVIDERS; PROVIDING
THIS ORDINANCE IS CUMULATIVE OF EXISTING ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That Section 5-3 of the City Code ( "Definitions" ) is hereby
amended to add the following provision:
"Wheelchair Transport Service The transportation of a
person (not a "patient" as defined herein) who is
situated in a wheelchair and is capable of sitting in
said wheelchair for at least one hour, where no treatment
is required or expected in route, and where the person
and transporting vehicle have no medical equipment that
requires adjustment or monitoring."
SECTION 2.
That Subsection (4) of Section 5-4 of the City Code
("Violations") is hereby amended to read as follows:
"For any person, firm or organiz-ation to provide
ambulance service within this jurisdiction, other than
the contractor which contracts with the ambulance
authority; or to provide [p~ir~~-~e-~ei~ °•'~~^' ~'~~ ~ ~'
t~rs~e~t se~a~e~es--te-e~--€~e~re~-~t-~ e~a-r~--€a~i~ee]
helicopter rescue services[,-] or specialized mobile
intensive care services except in accordance with EPAB
regulations governing the delivery of such services, and
then only pursuant to a permit issued by EPAB for the
operation of such units; or after August 1, 1989, to
provide first responder services without a first
responder permit issued by EPAB. All such special
permits when issued by EPAB shall be valid for a period
of two (2) years, and then shall be subject to provisions
governing renewal, such provisions to be developed by
EPAB. Holders of such permits shall comply with
requirements for payment of permit fees as set forth in
section 5-i0; or"
SECTION 3.
That Subsection (6) of Section 5-4 of the City Code
("Violations") is hereby amended to read as follows:
"It shall be a defense to any alleged violation of this
section 5-4 that the vehicle is being used solely in any
of the following manners:
a. A privately owned vehicle not ordinarily used in
the business of transporting persons who are sick
injured, wounded, incapacitated or helpless.
b. A vehicle rendering service as an ambulance in the
event of a major catastrophe or extreme system
overload when such condition is declared by the
medical director, the executive director of the
ambulance authority, or by an authorized
representative of the ambulance authority's
contracted ambulance service provider, and such
assistance has been requested by the control
center.
c. Any ambulance owned or operated by the federal or
state government.
d. Any transport to a location within the service
area, which transport originated from a point
outside the service area.
e. Mutual aid calls when rendered pursuant to a mutual
aid agreement approved by the ambulance authority.
f. Special events coverage, so long as such service is
provided without charge by an emergency medical
services volunteer provider, as defined in section
[ -
773.003 of the Texas Health and Safety Code.
g. Wheelchair transport services. [~a~eh-ire nAt
~elredtrl^a .,}..,. ~
h. Medical transports by helicopter where such
transports originate outside the service area or at
a hospital location within the service area.
[ 3 . Pe i r~~te--pe-i-~~~hee~elra i~-~~e rT-s«Tees
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SECTION 4.
That Section 5-19 of the City Code is hereby amended by
deleting subsection (17) thereof, which read as follows:
~e-pe ~~ -~e~e-~e~a-i-~-~r-a~s~e~t u~t ,
a • ~. • } ~., ~. .. c .. ~ ; .. tom' s '•-~~h 3tlat~ ~e ~..,...... ,. ,,.~ .. a
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SECTION 5.
This ordinance shall be cumulative of all provisions of
ordinances and of the Code of the City of Fort Worth, Texas (1986),
as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such
Code, in which event conflicting provisions of such ordinances and
such Code are hereby repealed.
SECTION 6.
It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases of
this ordinance are severable, and if any phrase, clause, sentence
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of
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any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement
of any of the provisions of this ordinance shall be fined not more
than Five Hundred Dollars ($500.00) for each offense. Each day
that a violation is permitted to exist shall constitute a separate
offense .
SECTION 8.
The City Secretary is hereby directed to publish the caption,
penalty clause and effective date of this ordinance for two (2)
days in the official newspaper of the City as authorized by Section
52.013 of the Texas Local Government Code.
SECTION 9.
This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is so
ordained.
APPROVED AS TO FORM AND LEGALITY:
.
Assistant City orney
Date : ~- 7 - ~i y
ADOPTED : 7" -w -~ ~ y
EFFECTIVE: ~-~.o -I~y
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\ cuy of Fort worth, re~x~s '
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
09/06/94 **G10794 12EMERG 1 of 2
SUBJECT ADOPTION OF ORDINANCE AMENDING CHAPTER 5, CITY CODE,
"AMBULANCES/EMERGENCY MEDICAL SERVICES"
RECOMMENDATION
It is recommended that the City Council adopted the attached ordinance amending Chapter 5 of
the Code of City of Fort Worth (1986!, as amended, regulating emergency medical services
DISCUSSION
The City of Fort Worth is a party to the Interlocal Cooperative Agreement which established the
Area Metropolitan Ambulance Authority (AMAA) One of the conditions of that agreement was
the adoption by all member cities of a uniform emergency medical services (EMS) ordinance The
uniform EMS ordinance was adopted by Fort Worth_ on April 12, 1988, and became effective
August 1, 1988 It is codified as Chapter 5 of the City Code
The uniform EMS ordinance provides that all ambulance service within the AMAA service area,
with certain exceptions, is to be provided by the AMAA's contract provider, ~MedStar One of
the exceptions involves the provision of certain "wheelchair transport services" The term
"wheelchair transport service" was not defined in the original ordinance
Numerous questions have arisen concerning the permissible scope and extent of "wheelchair
transport services" under the ordinance The AMAA Board decided that a definition of the term
should be formulated and recommended to the member cities by the Emergency Physicians
Advisory Board (EPAB), an advisory board created by the ordinance The EPAB`s recommended
definition, contained in Section 1 of the attached ordinance, includes the transportation of
persons situated in a wheelchair, in a vehicle that has no medical equipment on board and where
no medical treatment is required or expected in route As so defined, there is no longer a need
to provide for the issuance of permits by the EPAB for such services nor any regulations to be
promulgated by the EPAB to govern -the provisions of those services Accordingly, Section 2 of
the ordinance removes this regulatory responsibility and authority from the EPAB Finally,
Section 3 of the ordinance deletes references to different types of wheelchair transport services
and makes all "wheelchair transport services", as now defined, an exception to the exclusivity
provisions of the ordinance
Section 3 also revises a statutory reference involving emergency medical services volunteers
The AMAA Board of Directors have recommended that all member cities adopt the attached
ordinance
~-«~ Printed on recycled paper
City of Fort Worth, Texas
Mayor and Council Communication
DATE
09/06/94 REFERENCE NUMBER
** LOG NAME
12EMERG PAGE
2 of 2
svsJECT ADOPTION OF ORDINANCE AMENDING CHAPTER 5
"AMBULANCES/EMERGENCY MEDICAL SERVICES" , CITY CODE,
FISCAL INFORMATION/CERTIFICATION
The Fiscal Services Director certifies that the adoption of this ordinance does not require the
expenditures of any City funds
CB r
Submitted for City Manager's
Offi FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
ce by: (~o)
Mike Groomer 6140 APPROVED
Originating Department Head: CITY C~UIVC~L
Wade Adkins 7623 (from) ~~~ ~ ~g~
For Additional Information „ ~~,
Contact:
of Sly
`~~='
David L. Yett 7619 T
ratty Of Pmt V9or~t, Texas
~~~ Printed on recycled paper