HomeMy WebLinkAbout19- Ordinance 2023 Amending Chapter 18, Article 6 of Bozeman Municipal Code for Emergency Medical Services so2��
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ORDINANCE 2023
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING MULTIPLE SECTIONS OF CHAPTER 18, ARTICLE 6
(EMERGENCY MEDICAL SERVICES)BOZEMAN MUNICIPAL CODE.
WHEREAS, the City of Bozeman (the "City") is authorized by the City Charter
and Montana law to protect public health, safety and welfare of the citizens of Bozeman,
and
WHEREAS, it is the intent of the City Commission to establish a procedure by
which all nonemergency ambulance transport services and emergency medical services are
licensed with the City, and
WHEREAS, it is the intent of the City Commission to establish requirements for
City licensing of providers of nonemergency ambulance transport services and emergency
medical services to ensure such providers provide safe,high quality services to the public.
NOW THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOZEMAN, MONTANA:
Section 1
Section 18.06.010 of the Bozeman Municipal Code is revised as follows:
Sec. 18.06.010. -Definitions.
A. The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
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Ordinance 2023,Amending Multiple Sections of Chapter 18,Article 6 of the BAIIC
1. "Ambulance"has the meaning provided in 50-6-302,MCA,and the administrative
rules adopted by the Montana Department of Health and Human Services, as
amended. a
ptivately o „blie y owned ,, otof t,ehiele or aireraft that ;
maintained and used f6f transportation of patietits.
2. "Emergency medical service" means an unplanned or unexpected pre-hospital or
inter-hospital emergency medical transportation or treatment service provided by
an ambulance or non-transporting-medical unit licensed by the state department of health
and human services.
3. "Non-emergency ambulance transport"has the meaning in 50-6-302,MCA, as
amended.
4. "Fire Chief'means the chief of the city fire department.
-35. "Patient" means an individual who is sick, injured, wounded or otherwise
incapacitated or helpless as a result of an acute medical or traumatic condition or
an acute exacerbation of a chronic medical or traumatic condition requiring
unplanned but timely medical evaluation. The term does not include a person who
is .,,,., „d t�-a who needs nonemergency ambulance transportation
assistance solely d,o,,ause that pefsoft is eepXlned t a „d eelehair as the pe
usual mode of mobility.
6. "Person"means an individual,firm,partnership, association, corporation, company,
group of individuals acting together for a common purpose,or organization of any
kind, including a governmental agency other than the United States.
Section 2
Section 18.06.020 of the Bozeman Municipal Code is revised as follows:
Sec. 18.06.020. -License required.
A. A person licensed by the state department of public health and human services pursuant
to title 50, chapter 6, part 3, MCA, may not conduct or
operate an nonemergency ambulance transport service or an emergency medical
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Ordinance 2023,Amending Multiple Sections of Chapter 18,Article 6 of the BMC
service within the corporate limits of the city without first obtaining a license from
the cry-city s fire chief and^thee complying with the requirements of this article.
B. Applications for a license must be made in writing to the city's ,lepart„-,o„t of
administrative ser-view fire chief on forms specified by the depaftment fire chief.
C. Each license must be issued for a specific term which shall be concurrent with the term
for which the applicant is licensed by the state department of public health and human
services pursuant to the provisions of title 50, chapter 6, part 1, MCA Me t r r�ao
Annotated (MCA 50 6 101 etseq.). Renewal may be obtained by demonstrating
renewal of the required license by the state department of public health and human
services and ongoing compliance with the requirements of this article.
D. A license issued by the city for emergency medical services authorizes the holder of
such license to also provide nonemergency ambulance transport within the corporate
limits of city.
BF. There must be paid to the city, with each application for a license or for renewal of a
license, a license fee of$500.00.
£F. The license is not
transferable. FG. The license is
nonexclusive.
H. Subject to 18.06.080,the fire chief may deny an application for a license if the applicant
does not demonstrate it has the experience, financial resources, and organizational
capacity to serve the citizens of the city for the requested license type.
Section 3
Section 18.06.030 is revised as follows:
Sec. 18.06.030. - Criteria for license.
A-. Any person desir4ng to obiain the heense required by this artiele shall demonstfate the
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Ordinance 2023,Amending Multiple Sections of Chapter 18,Article 6 of the BMC
and treatmerA services, at the ad-v need life suppoft level
level thyoughout#he eity, 24heuTs per day, seven days per week.
3. The appheant must have adequate personnel, vehieles, equipment and faoilitie
respond at the advaneed life support level to emer-geney ealls to all loeations vvithi.B.
the eefpor-ate limits of the eity v�4thin eight rainutes or less on at least 90 pefeefit,
eakWated as the aetual elapsed time in minutes and seeonds from the momei#the
ea4l is meeived by the applioant to the moment the first eapable unit afrives at th-e
emefge-ney ineident, opAy the response time of the first ani-bulanee to ar-five at
Beene shall be ,,,toa
to the eity, insuring the applieaftt for-not less than the sum of > ,
1, .l•1 tl, �n nnn nnn nn o 1
^vcccrirelicc,roi-Q6ai-r`frir�=ary-oi- ecarrucr , , ,"crvcccrrreli"c�rvrz6Ss
or- damage to property. Said poliey shall name the eity as an additional ifisufed,
the l
tee:
bond, rtmning to the eity,
in the
MROth4 Of
i
s full complianee with all pr-ovisions Of
remain in eomplianee with all requirements of this ca cieie for the full li-'ieense
period, without a va4tten varianee from the eity,
may result in eaneellation of th
lieense and, .,t the e t y!s sole option,f rf;tufe of the perf,.,,,.nee bond to the e t„
medieal
Montana Department of Publie Health and Human Serviees and the Boafd of
Medieal Examiners as eonlained in the Administrative Rules of MopAana.
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Ordinance 2023,Amending Multiple Sections of Chapter 18,Article 6 of the BMC
A. Any person desiring to obtain any license required by this article must meet the
following requirements:
1. Possess a current license pursuant to title 50, chpt. 6, part 3, MCA from the state
department of public health and human services at a minimum the basic life
support with advanced life support authorization level and maintain in compliance
with all rules established for their license as promulgated� by the state;
2. Provide the city fire department with a copy of medical protocols if such protocols
differ from than those established by the city's fire department.
B. In addition to subsection A, an applicant desiring to provide emergency medical
services must comply with the following:
1. Provide emergency medical services at the advanced life support level
throughout the city, 24 hours per day, seven days per week.
2. Have adequate personnel, vehicles, equipment and facilities to respond at the
advanced life support level to emergency calls to all locations within the
corporate limits of the city within eight minutes or less on at least 90 percent of
such calls. The city fire chief may establish the types of calls which are subject
to this emergency call standard. Ambulance response time shall be calculated as
the actual elapsed time in minutes and seconds from the moment the call is
received by the applicant to the moment the first capable unit arrives at the scene
of the incident. Where multiple ambulances are dispatched to the same
emergency incident, only the response time of the first ambulance to arrive at the
scene shall be counted.
3. Provide the city fire chief a monthly time compliance report in a format as
determined by the fire chief.
4. Have and maintain for the duration of the license period a contract with a
physician licensed pursuant to the laws of the state to provide medical direction.
The physician providing medical direction to a person licensed under this article
who conducts emergency medical transport must practice medicine or reside in
Gallatin County.
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Ordinance 2023,Amending Multiple Sections of Chapter 18,Article 6 of the BMC
5. Carry commercial general liability insurance, in a form acceptable to the cit,
insuringthe he applicant for not less than the sum of $10,000 000.00 per
occurrence,for bodily injury or death and$10,000,000.00,per occurrence for loss
or damage to property. Said policy shall name the city as an additional insured on
a primary non-contributory basis. The applicant must furnish proof of such
insurance coverage prior to issuance of the license.
6. Provide a performance bond,running to the city,in the amount of$1,000 000.00
conditioned upon applicant's full compliance with all provisions of this article
during the entire period that applicant is licensed b the and for ensuring t, hat
should applicant fail to comply with the cancellation notice required by
18.060.050 that such bond shall be forfeit to the city. Failure to remain in
compliance with all requirements of this article for the full license period without
a written variance from the city, may result in cancellation of the license and, at
the city's sole option, forfeiture of the performance bond to the city.
7. Have an agreement in place with Gallatin County 911 to receive and
acknowledge request for emergency medical services via radio on all frequencies
as determined by Gallatin County 911.
8. Ensure its ambulances operating within the city have installed automatic vehicle
location technology compatible with Gallatin County 911 and that such
technology complies with all cily fire department protocols for dispatch of the
closest available ambulance.
9. Have proper equipment for communicating on the city fire department's dispatch
and tactical radio channels.
C. In addition to subsection A, an applicant desiring to conduct only nonemergency
ambulance transport services must comply with the following_
1. Provide proof to the city fire department of general and vehicle liability
insurance at levels commercially reasonable for the type of service being
provided for all operations conducted within the city and keep such insurance in
good standing.
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Ordinance 2023,Amending Multiple Sections of Chapter 18,Article 6 of the BMC
2. Be licensed by the state at a minimum level of basic life support with advanced
life support authorization.
Section 4
Section 18.06.040 of the Bozeman Municipal Code is revised as follows:
Sec. 18.06.040. —Exemptions from standards for response time.
A. 4phe-a rt An applicant seeking to provide emergency medical service shall is be exempt
from the response time and performance requirements of section 18.06.030.B.2, only
under the following circumstances:
1. Weather conditions. In the event of an onset of such inclement weather that the
eity fire chief, in the chief s sole discretion,believes that the threat to system-wide
patient care.
2 outweighs the threat to the individual patient care from a delayed response time,
the eity fire chief may declare a weather emergency,thus suspending response time
requirements. A weather emergency will be declared only in times of unusually
hazardous driving conditions.
3. System overload. During periods of unusual system overload, which shall mean
that at least more than two emergency responses are occurring simultaneously
within the incorporated city limits, applicants shall be exempt from the
requirements of this article and shall use "best efforts" to maintain coverage and
performance throughout the incorporated city limits.
4. Declared disaster. During a declared disaster either within the incorporated city
limits or in a neighboring community, and confirmed by the e4ty fire chief,
applicants sha-4 -be are exempt from the requirements of this article and shall but
shall use Lbest effortsL' to maintain coverage and performance throughout the
incorporated city limits.
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Ordinance 2023,Amending Multiple Sections of Chapter 18,Article 6 of the BAIC
Section 5
Section 18.06.050 of the Bozeman Municipal Code is revised as follows:
Sec. 18.06.050. —Cancellation of license/termination by licensee.
A. The cry fire chief may suspend a license without notice for an alleged violation of this
article for a period of no more than 90 days. Should the fire chief suspend a license,the
fire chief must notify the licensee whether the fire chief intends to cancel the license.
The fire chief may cancel a license after providing notice of intent to cancel and
providing the licensee an opportunity to be heard pursuant to 18.06.060 if it the fire
chief finds that the licensee, its officers or employ has have:
1. Violated any provision of this article,any other local,state,or federal law,or of the
rules promulgated by the state department of public health and human services
or the state board of medical examiners,as contained in the Administrative Rules
of Montana.
2. Failed or refused to remedy or correct the violation within the time and in the
manner directed by the city.
B. Should a person licensed under this chapter for emergency medical services seek to no
longer provide services such licensee must provide written notice to the fire chief no
less than 180 days prior to the date such person will no longer provide emergency
medical service within the city. Failure of a licensee to provide such notice to the ci is
fire chief within the required time frame will be grounds for the licensee to forfeit the
licensee's performance bond.
Section 6
Section 18.06.060 of the Bozeman Municipal Code is revised as follows:
Sec. 18.06.060. -Notice and hearing required.
A. The eity fire chief shall may not deny an application for a license or cancel a license
without:
1. Delivery to the applicant or licensee of a written statement of the grounds for
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Ordinance 2023,Amending Multiple Sections of Chapter 18,Article 6 of the BMC
denial or cancellation or the charge involved.
2. An opportunity to be heard ans er at a up blic hearing before the city commission
to show cause, if any, why the license should not be denied or cancelled.
After receipt of written notice of grounds for denial or cancellation or charges, any
applicant or licensee desiring a hearing before the city commission must make written
application to the city. cle within ten days following the date of mailing of the written
notice stating the reasons the applicant or license holder believes denial or cancellation
of a license is in error. The commission may affirm the decision of the fire chief or, if
the commission determines the fire chief s decision was arbitrary or capricious,
overturn the decision of the fire chief.
Section 7
Section 18.06.070 of the Bozeman Municipal Code is revised as follows:
Sec. 18.06.070. -Existing services.
Any person providing emergency medical services or nonemergency ambulance
transport within the city as of the effective date of the ordinance from which this article is
derived shall have a period of 120 days to meet the requirements and obtain the license
required by this article.
Section 8
Section 18.06.080 of the Bozeman Municipal Code is revised as follows:
Sec. 18.06.080. -Exemptions.
A. The provisions and requirements of this article shall not apply to:
1. The fire department of the city.
2. Any person providing emergency medical services outside the city who, in the
course of providing such services,transports a patient from outside the city into or
through the city.
3. Any person providing emergency medical services within the city who is
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Ordinance 2023,Amending Multiple Sections of Chapter 18,Article 6 of the BMC
providing such services at the request of the city pursuant to a written mutual aid
agreement between the city and the person.
4. Any person providing emergency medical services using an aircraft such as a
helicopter from a health care facility inside the city to a health care facility outside
the cily.
Section 9
A new Section 18.06.090 is added to the Bozeman Municipal Code as follows:
See. 18.06.090. -Violation; penalty.
AU person, firm or corporation, their agents or servants, who violates any of the
provisions of this article, including conducting emergency medical services while on1X
holding a license for nonemergency medical transport, shall be deemed guilt
misdemeanor and, upon conviction thereof, shall be punished by a fine in any sum not
exceeding $500 and in addition shall pay all costs and expenses of the case. A separate
offense shall be deemed committed upon each day during or on which a violation occurs or
continues.
Section 10
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the
provisions of this ordinance are, and the same are hereby,repealed and all other provisions
of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 11
Savings Provision.
Any person providing emergency medical services or nonemergency ambulance
transport within the city as of the effective date of the ordinance from which this article is
derived shall have a period of 120 days to meet the requirements and obtain the license
required by this ordinance. Other than for compliance with the above, this ordinance does
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Ordinance 2023,Amending Multiple Sections of Chapter 18,Article 6 of the BAIC
not affect the rights and duties that matured,penalties that were incurred or proceedings that
were begun before the effective date of this ordinance. All other provisions of the Bozeman
Municipal Code not amended by this Ordinance shall remain in full force and effect.
Section 12
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not
affect the validity of this Ordinance as a whole, or any part or provision thereof, other than
the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity
of the Bozeman Municipal Code as a whole.
Section 13
Codification.
This Ordinance shall be codified as indicated in Section 1 —9.
Section 14
Effective Date.
This ordinance shall be in full force and effect 30 days after final passage and
approval.
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Ordinance 2023,Amending Multiple Sections of Chapter 18,Article 6 of the BA1C
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 21 sc day of October, 2019.
eayor
RUS
♦ . . . .
ATTEST:
• N �
ROBIN CROUGH = -City Clerk ��t•♦ ♦1883 ,. ;�.
•;9TI�,C O,�1�,.
FINALLY PASSED,ADOPTED AND APPROVED by the City Commission of
the City of Bozeman,Montana on second reading at a regular session thereof held on the
4th day of November, 2019. The effective date of this ordinance is December 4,2019.
T S
Mayor
Bog
ATTEST: •♦�?
02��
ROBIN CROUGH * -��
•_�
City Clerk y •. 11 .off`.
�L�T1N co•�`�
APP ED O FORM:
G'IkEGWf,IVAN
City Attorney
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