Loading...
Agenda 01/13/2015 Item #16K 2 1/13/2015 16.K.2. EXECUTIVE SUMMARY Recommendation to authorize the County Attorney's Office to file a Petitio for Administrative Hearing in response to the Florida Department of Health's Administrative omplaint captioned Department of Health v. Collier County EMS, Case No. 2013-13123 regarding an EMS call from December 2012. OBJECTIVE: To file a Petition for Administrative Hearing seeking a hearing with an Administrative Law Judge. CONSIDERATIONS: Collier County EMS received an Administrative Complaint from the Florida Department of Health on or about December 4, 2014. The Complaint stems from a medical transport incident involving an alleged delay in response time in December 2012. This matter had come to the Board's attention through public petitions by the Minard family and by a follow-up staff report to the Board on October 8, 2013 (Item 11C), a copy of which is included as back-up material'. EMS denies and disputes the allegations in the Complaint and requests authorization to file a Petition for Administrative Hearing requesting a hearing before an Administrative Law Judge. Pursuant to Sections 401.411(1) and (7), Fla. Stat., the Administrative Complaint seeks both a reprimand and fines in the amount of$1,000 per day. Based on the date of the alleged violation, should the State prevail the County's monetary exposure could exceed$700,000. The Complaint alleges that EMS is in violation of Section 401.411(1)(g), Fla. Stat., in that on December 14, 2012, CCEMS negligently failed to respond to an initial set of EMS alert tones and that the failure to respond to the initial tones caused a six (6)minute delay in EMS departing the station in response. The Complaint further alleges that EMS is in violation of Section 401.411(1)(1), Fla. Stat., for failing to report the alleged violation. Collier County EMS denies any liability or violation of Florida law. FISCAL IMPACT: Uncertain at this time. GROWTH MANAGEMENT IMPACT: No Growth Management Impact. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality,and requires majority vote for approval. —JAK RECOMMENDATION: Recommendation to authorize the County Attorney's Office to file a Petition for Administrative Hearing in response to the Florida Department of Health's Administrative Complaint captioned Department of Health v. Collier County EMS, Case No. 2013-13123 regarding an EMS call from December 2012. Prepared by: Walter Kopka,Chief,Collier County EMS Jeffrey A.Klatzkow,County Attorney Attachments: Administrative Complaint, Board Agenda Back-Up (October 8, 2013 (11C)), Section 401.411,Fla. Stat. Packet Page-2329- 1/13/2015 16.K.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.2. Item Summary: Recommendation to authorize the County Attorney's Office to file a Petition for Administrative Hearing in response to the Florida Department of Health's Administrative Complaint captioned Department of Health v. Collier County EMS, Case No. 2013-13123 regarding an EMS call from December 2012. Meeting Date: 1/13/2015 Prepared By Name: CrotteauKathynell Title: Legal Secretary, CAO Office Administration 1/6/2015 1:18:51 PM Approved By Name: KopkaWalter Title: Chief-Emergency Medical Services, EMS Operations Date: 1/6/2015 3:08:46 PM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 1/6/2015 3:18:00 PM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 1/6/2015 3:28:55 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/6/2015 3:33:31 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 1/7/2015 8:46:48 AM Packet Page -2330- 1/13/2015 16.K.2. Kt(±1VED DEC 042014 EMS Dept. STATE OF FLORIDA DEPARTMENT OF HEALTH BUREAU-OF-EMERGENCY-MEDICAL—OVERSIGHT DEPARTMENT OF HEALTH, r rn Petitioner, m rn � . i N.) v Case No. 2013-13123 COLLIER COUNTY EMS, c; °z ! c.'t .% - Respondent. ADMINISTRATIVE COMPLAINT The Department of Health("Petitioner"or"Department"), by and through its undersigned attorney, files an Administrative Complaint against Collier County EMS ("Respondent"or"CCEMS")and states: NATURE OF ACTION r1 1. Pursuant to § 401.411(7),Fla_ Stat. (20I3),this is an action to reprimand Respondent's Advance Life Support("ALS")license and impose administrative fines up to $1,000.00 per day per count as provided by law. JURISDICTION AND VENUE 2. The Petitioner has jurisdiction pursuant to Chapter 120,Fla. Stat. (2013)and Fla. Admin. Code R. 28.106. 3. Venue lies pursuant to Fla. Admin. Code R. 28-106.207. PARTIES 4. Petitioner is a state agency established in § 20.43,Fla. Stat. (2013),and is charged with regulating emergency medical services pursuant to Chapter 401, Fla. Stat. (2013). Packet Page-2331- 1/13/2015 16.K.2. 5. At all times material hereto, Respondent has been licensed as an ALS service provider, license number ALS 1102. 6. Respondent's address of record is 8075 Lely Cultural Parkway, Suite 267,Naples, Florida 34113. COUNT I RESPONDENT VIOLATED §401.411(1)(g),FLA. STAT. (2013), BY ENGAGING IN UNPROFESSIONAL CONDUCT 7. Petitioner re-alleges and incorporates paragraphs 1 through 6 as if fully set forth herein. 8. On December 14,2012, CCEMS negligently failed to respond to an initial set of EMS alert tones sent by Dispatch in response to a 911 call/heart attack patient. 9. As a result of the failure to respond, a second set of emergency tones was sent to i-- CCEMS four(4)minutes later. 10. The failure to respond resulted in a six(6)minute delay in CCEMS departing the station in response to the 911 call/heart attack patient. 11. Pursuant to §401.411(1)(g), Fla. Stat. (2013),the Petitioner may impose an administrative fine,not to exceed$1,000.00 per violation and each day constitutes a separate violation and is subject to a separate fine. COUNT II RESPONDENT VIOLATED§401.411(1)(1), FLA. STAT. (2013), BY FAILING TO REPORT ANY PERSON AS BEING IN VIOLATION OF CHAPTER 401,PART III,FLA.STAT. 12. Petitioner re-alleges and incorporates paragraphs 1 through 11 as if fully set forth herein. 2 Packet Page-2332- 1/13/2015 16.K.2. 13. CCEMS has failed to notify the Department of its violation of§ 401.411(1)(g),Fla. Stat.(2013). 14. Pursuant to § 401.411(1)(g),Fla. Stat. (2013), the Petitioner may impose an administrative fine,not to exceed$1,000.00 per violation and each day constitutes a separate violation and is subject to a separate fine. CONCLUSIONS OF LAW 15. Respondent violated §401.411(1)(g),Fla. Stat. (2013)by negligently failing to respond to EMS alert tones on December 14,2012, thereby experiencing a six (6)minute delay in leaving the station in response to a 911 call/heart attack patient. 16. Respondent violated § 401.411(1)(0, Fla. Stat. (2013)by failing to notify the Department of its violation of§401.411(1)(g),Fla. Stat. (2013). 17. Pursuant to § 401.411(1)(a),Fla. Stat. (2013), a licensee may be disciplined for violation of§§401.411(1)(g) and(1),Fla. Stat.(2013). 18. The classifications of EMS licensure held by Respondent are subject to any final order which issues in this case, as provided by § 401.411(2),Fla. Stat. (2013). CLAIM FOR RELIEF WHEREFORE,Petitioner respectfully requests that the following sanctions be imposed against Respondent: a. Make factual and legal findings in favor of Petitioner on Counts I and II. b. Pursuant to § 401.411(1),Fla. Stat. (2013),reprimand Respondent's ALS license. c. Pursuant to § 401.411(7),Fla. Stat. (2013), administrative fine Respondent for each day Respondent is in violation of§§401.411(1)(g)and(l), Fla. Stat. (2013). Dated this A. day of December,2014. 3 Packet Page -2333- 1/13/2015 16.K.2. Respectfully submitted, / 0 Caryl Kili i Chief Legal Counsel Fla. Bar No. 0480649 Florida Department of Health Office of General Counsel 4052 Bald Cypress Way,Bin A-02 Tallahassee,FL 32399-1703 Telephone: 850/245-2005 Fax: 850/413-8743 Email: caryl.kilinski@flhealth.gov CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. certified mail to Collier County EMS, 8075 Lely Cultural Parkway, Suite 267,Naples, Florida 34113, on this day of December, 2014. ` Caryl /nski NOTICE OF RIGHTS Respondent has the right to request or petition for an administrative hearing to be conducted in accordance with §§ 120.569 and 120.57, Fla. Stat. (2012). Respondent has the right to be represented by counsel or other qualified representative. Administrative hearings are governed by Fla. Admin. Code R. 28-106. A request or petition for an administrative hearing must be in writing and must be received by the agency clerk within twenty-one (21) days from the day you received this Administrative Complaint. A request or petition for a hearing must be in conformance with Fla. Admin. Code Chapter 28- 106.2015(5) and must be sent to the Agency Clerk at the following address: Agency Clerk Department of Health 4052 Bald Cypress Way,Bin #A-02 4 Packet Page-2334- 1/13/2015 16.K.2. Tallahassee FL 32399-1703. Mediation is not available as an alternative remedy. • Your failure to submit a petition for hearing within 21 days from receipt of this Administrative Complaint will constitute a waiver of your right to a hearing, and this complaint will thereby become a final order of the department. 5 Packet Page -2335- 1/13/2015 16.K.2. Emergency Medical Services Information Packet Page -2336- 1/13/2015 16.K.2. Co er County Office of the County Manager MEMO Date: May 14, 2013 To: Board of County Commissioners From: Leo E. Ochs, Jr., County Manager Subject: Internal Investigation As per your direction given at the May 14, 2013 Board of County Commissioners meeting, attached please find the March 12, 2013 memorandum from Chief Walter Kopka regarding the Internal Investigation of events that occurred on ^� December 14, 2012. Packet Page -2337- 1/13/2015 16.K.2. PREPARED IN ANTICIPATION OF LITIGATION, REFLECTS THE MENTAL IMPRESSIONS, LITIGATION STRATEGIES AND LEGAL THEORIES OF THE UNDERSIGNED ATTORNEY AND IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE PURSUANT TO § 119.071(1)(d), FLA. STAT. THIS MESSAGE IS INTENDED FOR THE RECIPIENT ONLY. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY. USE OR DISSEMINATION BY ANY PERSON OTHER THAN THE INTENDED RECIPIENT IS STRICTLY PROHIBITED. INTERNAL MEMORANDUM TO: Leo Ochs, County Manager FROM: Walter Kopka, Chief THRU: Len Price,Administrator Dan Summers, Director DATE: March 12, 2013 RE: Internal Investigation Situation: On December 14th 2012 at 11:04 am Medic 42 and Engine 72 were dispatched to 5120 Coral Wood Drive. Medic 42 did not receive initial notification and there was a four minute delay in EMS responding to the call. When contacted a second time by Dispatch,the EMS crew advised that they did not receive the tones. Further,the crew documented on the incident report that"the station received no tones and the tablet received no information". Details of the event and corrective actions taken follow. Excerpt from Recording Provided by CCSO (Time Stamped) 11:04:45 Tones sounded, Medic 42 and Engine 72 dispatched to 5120 Coral Wood Dr 11:05:47 Engine 71 responds in place of Engine 72, Engine 72 in service 11:08:44 Dispatch checks the status of Medic 42; Medic 42 advises they received no tones; Second set of tones sent 11:09:59 Medic 42 responds from the station 11:11:59 Engine 71 arrives on scene 11:15:51 Medic 42 arrives on scene 11:17:53 Medic 42 makes contact with patient Page 1 of 4 Packet Page -2338- 1/13/2015 16.K.2. PREPARED IN ANTICIPATION OF LITIGATION, REFLECTS THE MENTAL IMPRESSIONS, LITIGATION STRATEGIES AND LEGAL THEORIES OF THE UNDERSIGNED ATTORNEY AND IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE PURSUANT TO § 119.071(1)(d),FLA. STAT. THIS MESSAGE IS INTENDED FOR THE RECIPIENT ONLY. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY. USE OR DISSEMINATION BY ANY PERSON OTHER THAN THE INTENDED RECIPIENT IS STRICTLY PROHIBITED. 11:33:10 Medic 42 leaves for Physicians Regional Pine Ridge hospital with two firefighters on board 11:37:55 Medic 42 arrives at Physicians Regional Pine Ridge hospital Background Information on EMS Notification Systems EMS has multiple notification devices to receive information from Collier County Sheriffs Office (CCSO) Communications Center: • VHF Pager system (tones)—this system is generated by the CCSO Computer Aided Dispatch sending the activation for the specific requested apparatus via a transmitter to the specific designated pager frequency. The page is a six(6)second tone.Any interruption of that six(6)second tone will drop the page and the pager will not activate. o This consists of a mounted pager,speakers and antennae in each EMS station. o Each crew carries a portable pager. o This is a one way device-it only receives information. • Tablet-this is a handheld device that receives a text message via the CCSO Computer Aided Dispatch.The text message uses a program to convert the message to a map as well as provides the dispatch information. o The tablet is a cellular receiving device.As with any cellular device reception is dependent upon all factors that affect cellular service including(but not limited to) location,tower, carrier and obstructions. o This is a one way device-it only receives information. • Portable Radio—800mHz o Each crew member has a portable radio which is a two way device which receives audio information as well as transmits audio information to dispatch and/other apparatus. o As with a cellular device the reception is dependent upon all factors that affect cellular service including (but not limited to) location,towers and obstructions. Possible EMS Notification Issues The reason for the lack of notification of the receiving devices cannot be definitively determined. VHF Pager: Prior to this incident there were documented pager/reception issues and hardware upgrades were made to the system.There are no systems that log or track incoming pages from the transmitter to the receiving device. NOTE: A pager in the standby mode is silent.Once the pager is activated,the pager becomes"live"therefore ANY radio transmissions are heard through the pager.The pager reset button needs to be pressed to put in back in the standby/silent mode. If the pager had activated,the crew would have to reset both the personal pager(carried on person)as well as the station pager. Each pager is independent and the reset button would need to be pressed on each pager to reset/silence them. The crew verified that they did not reset the pagers and no radio transmissions were heard. Page 2 of 4 Packet Page -2339- • 1/13/2015 16.K.2. PREPARED IN ANTICIPATION OF LITIGATION, REFLECTS THE MENTAL IMPRESSIONS, LITIGATION STRATEGIES AND LEGAL THEORIES OF THE UNDERSIGNED ATTORNEY AND IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE PURSUANT TO § 119.071(1)(d),FLA. STAT. THIS MESSAGE IS INTENDED FOR THE RECIPIENT ONLY. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY. USE OR DISSEMINATION BY ANY PERSON OTHER THAN THE INTENDED RECIPIENT IS STRICTLY PROHIBITED. Tablet:It is not known why the tablet did not receive the text message.While we can verify that the text message was sent by Dispatch, Sprint I shows that the text message was not received. Portable Radio:There are many factors that could have contributed to the EMS crew not hearing the dispatch over the radio. o The radio scans four(4)channels-therefore one of the other scanned channels could have blocked out the dispatch. o Station noise-the crew was vacuuming around that time. o Reception problems with the radios depending upon location and interference. Deviations from Protocol There are two deviations from protocol. 1. Collier County Fire Chief Association(CCFCA)—Communication Manual Initial Radio Announcement/Dispatch CM 10-15 Failure to Acknowledge on Call Back "Any agency that fails to acknowledge responding to an incident within two minutes should be contacted by Control North or Control South over the radio to see if the agency is in fact responding." This was not done for four(4) minutes. 2. Collier County Collective Bargaining Unit Contract Article 28.2 Work Duties "During the hours of 0830 and noon,employees should perform assigned vehicle/station duties zone familiarization,study medical/operational protocols,or community events. Radios will be monitored between 0700 and 2130 hours." The Standard Operating Guideline for Standard Station Duties states: "Fridays Deep station GI... Floors including all living areas, office,storage area,garage bays and bathrooms swept and mopped (or vacuumed in appropriate areas)." The crew acknowledges vacuuming and performing required station maintenance around the time of this dispatch, which may have limited their ability to monitor the radio. Corrective Actions/Mitigation • The Collier County Sheriffs Office has stated the deviation from the Collier County Fire Chief Association (CCFCA)—Communication Manual was a human error in that the dispatcher missed recognizing a visual display that two (2) minutes had passed and Medic 42 had not responded yet.Since then, EMS has been told the notification is not only a visual display-but also an audible tone as well. Page 3 of 4 Packet Page-2340- 1/13/2015 16.K.2. PREPARED IN ANTICIPATION OF LITIGATION, REFLECTS THE MENTAL IMPRESSIONS, LITIGATION STRATEGIES AND LEGAL THEORIES OF TILE UNDERSIGNED ATTORNEY AND IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE PURSUANT TO § 119.071(1)(d), FLA. STAT. THIS MESSAGE IS INTENDED FOR THE RECIPIENT ONLY. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY. USE OR DISSEMINATION BY ANY PERSON OTHER THAN THE INTENDED RECIPIENT IS STRICTLY PROHIBITED. • A reprogramming of the paging system (narrow banding)was completed in January. EMS pagers have been inventoried and reprogrammed if applicable. • A protocol has been established that documents when pagers and/or tablets do not activate.This report is sent to County staff as well as Sheriffs office staff to determine the cause of the incident as well as any patterns that can be established. • A draft protocol change to the Collier County Fire Chief Association (CCFCA)—Communication Manual has been submitted to the Collier County Fire Chief Association (CCFCA)—Communication sub- committee to change the notification to 30 seconds(from 2 minutes)from when responding apparatus must acknowledge a dispatch.This will decrease the amount of time dispatch has to "wait"to verify if responding apparatus has acknowledged a page.This is scheduled to be heard by the subcommittee this month and if approved it could be heard by the fire chiefs next month. • EMS is in the process of changing the protocol that will require one (1) personnel to monitor the radio if one crew member is working in a noisy environment. Hardware changes are also being reviewed to determine if better listening devices are available for working in noisy environments. EMS staff should have final protocol revisions completed in 60 days. • EMS is reviewing the policy of scanning portable radio"channels"to determine if a policy change will assure that the proper channels are monitored at all times.EMS staff should have final protocol revisions completed in 60 days. • The station pagers/antennas will be reviewed to determine antennae design, condition and performance. • EMS field staff is testing an alternative cellular carrier to determine if alternate devices/carriers should be utilized.An alternate cellular carrier has been tested and has proven to work well.Alternate devices will be explored in the next 90 days. • EMS staff have developed an automated query that reports calls in which the response to dispatch is greater than two minutes. EMS staff is planning to meet with the CCSO staff in the next 30 days to determine a plan to review the reports. • There are long term changes to the Sheriff's Office Computer Aided Dispatch system and receiving hardware and devices.This is a longer term element that will change software and hardware at the Sheriffs Office level as well as the responder level. In summary,the four(4) minute difference between the initial dispatch and secondary dispatch has been reviewed and corrective actions to mitigation recurrences have been taken and will continue to take place to improve the system. While the EMS response was delayed in this instance,the tiered response system worked as it was designed.The fire department arrived six minutes after the initial dispatch. EMS arrived seven minutes after the second dispatch. Had EMS responded at the same time as the fire department apparatus,the fire department apparatus still would have arrived on the scene prior to EMS and initiated basic life support protocols. The patient arrived at the hospital 33 minutes after the initial dispatch. The Medical Examiner's report on this case is not complete at this time. Page 4 of 4 Packet Page -2341- 1/13/2015 16.K.2. INTERNAL MEMORANDUM TO: Leo Ochs, County Manager FROM: Walter Kopka, Chief THRU: Len Price,Administrator Dan Summers, Director DATE: May 29, 2013 RE: Internal Investigation —Follow Up Mr.Ochs, Below is an update to the Internal Investigation completed on March 20, 2013. Included are corrective actions as well as associated time frames. Corrective Actions I Mitigation and Status 1. A reprogramming of the paging system (narrow banding)was completed in January. EMS pagers have been inventoried and reprogrammed if applicable. a. Complete March 7, 2013 b. Documented in narrow banding spreadsheet 2. A protocol has been established that documents when pagers and/or tablets do not activate.This report is sent to County staff as well as Sheriff's office staff to determine the cause of the incident as well as any patterns that can be established. a. Complete February 19, 2013 b. Documented in General Order, Reporting Missed Tones or Tablet Notification c. Ongoing 3. A draft protocol(introduced by EMS) was submitted to the Collier County Fire Chief Association (CCFCA) Communication Subcommittee to add an acknowledge page protocol.The protocol would require responding apparatus to acknowledge the dispatch within 30 seconds.This will decrease the amount of time dispatch has to "wait"to verify if responding apparatus have received a page. a. This was heard by the fire chief's subcommittee on March 21,2013 and did not get a second/or approved. i. This same draft protocol item was brought to the Collier County Fire Chief's Association on May 23, 2013 and did not get supported or approved.The 30 second "acknowledge" page was addressed and did not gain support because of the amount of time it takes to dispatch a call and the amount of radio traffic. 4. A draft protocol (introduced by EMS)to change the Collier County Fire Chief's Association (CCFCA)— Communication Manual was submitted to the Collier County Fire Chief's Association —Communication subcommittee to change the turn out time (call dispatched to apparatus responding)to 90 seconds (from 2 minutes). Page 1 of 3 Packet Page -2342- 1/13/2015 16.K.2. INTERNAL MEMORANDUM a. The protocol was approved by the Collier County Fire Chief's Association Communication Subcommittee on March 21, 2013. b. The protocol was approved by the Collier County Fire Chief's Association on May 23, 2013 and will be submitted to the Collier County Sheriff's Office. c. This is complete internally at EMS with a change in the Communications SOG on May 13, 2013. 5. EMS is in the process of changing the protocol that will require one(1) personnel to monitor the radio if one crew member is working in a noisy environment. Hardware changes are also being reviewed to determine if better listening devices are available for working in noisy environments. EMS staff should have final protocol revisions completed in 60 days. a. Complete May 13,2013 b. Documented in SOG Communications 6. EMS is reviewing the policy of scanning portable radio"channels"to determine if a policy change will assure that the proper channels are monitored at all times. EMS staff should have final protocol revisions completed in 60 days. a. Complete May 13, 2013 b. Documented in SOG Communications 7. The station pagers/antennas will be reviewed to determine antennae design,condition and performance. a. In progress-expected to be complete within 90 days b. Emergency Medical Services, Emergency Management Information Technology staff are reviewing current equipment. Documented in Paging System Review. c. The need for station pagers may be minimized or even eliminated with the "Locution" project mentioned in#10 below. 8. EMS field staff is testing an alternative cellular carrier to determine if alternate devices/carriers should be utilized. An alternate cellular carrier has been tested and has proven to work well.Alternate devices will be explored in the next 90 days. a. In 30 days options will be outlined for devices and carriers available as well as field testing. b. Staff has reviewed alternate software available for handheld notification devices. c. Staff is reviewing alternative devices and possible alternative carriers to test handheld notification devices. 9. EMS staff have developed an automated query that reports calls in which the response to dispatch is greater than two minutes. EMS staff is planning to meet with the CCSO staff in the next 30 days to determine a plan to review the reports. a. Meeting complete March 27, 2013 b. A query mechanism is in place for EMS Command Staff to review and document calls in which the response to dispatch time is greater than two minutes. c. Ongoing 10. There are long term changes to the Sheriff's Office Computer Aided Dispatch system and receiving hardware and devices.This is a longer term element that will change software and hardware at the Sheriff's Office level as well as the responder level. Page 2 of 3 Packet Page -2343- 1/13/2015 16.K.2. INTERNAL MEMORANDUM a. CCSO has chosen a vendor to provide an upgraded station notification system called Locution. Locution Systems provides automated dispatching and station alerting products for the public safety industry. CCEMS along with CCSO and fire districts throughout the county met with representatives from Locution on May 13,2013,to determine the needs and system design. CCEMS is currently reviewing the needs of each EMS station. The Medical Examiner's report on this case is not complete at this time. Page 3 of 3 Packet Page -2344- r 1/13/2015 16.K.2. INTERNAL MEMORANDUM TO: Leo Ochs, County Manager FROM: Walter Kopka, Chief THRU: Len Price, Administrator Dan Summers, Director DATE: July 3, 2013 RE: Internal Investigation—Follow Up#2 Mr. Ochs, Below is an update to the Internal Investigation Follow Up completed on May 29, 2013. Updates are bold and italicized. Corrective Actions I Mitigation and Status 1. A draft protocol (introduced by EMS) was submitted to the Collier County Fire Chief Association (CCFCA) Communication Subcommittee to add an acknowledge page protocol.The protocol would require responding apparatus to acknowledge the dispatch within 30 seconds.This will decrease the amount of time dispatch has to "wait"to verify if responding apparatus have received a page. a. This was heard by the fire chief's subcommittee on March 21, 2013 and did not get a second/or approved. i. This same draft protocol item was brought to the Collier County Fire Chief's Association on May 23, 2013 and did not get supported or approved.The 30 second "acknowledge" page was addressed and did not gain support because of the amount of time it takes to dispatch a call and the amount of radio traffic. At this time, this proposal(submitted by EMS)does not have further momentum. If needed,further action(s)will need to be taken by Administrator Price or County Manager Ochs. 2. A draft protocol (introduced by EMS)to change the Collier County Fire Chief's Association (CCFCA)— Communication Manual was submitted to the Collier County Fire Chief's Association —Communication subcommittee to change the turn out time (call dispatched to apparatus responding)to 90 seconds (from 2 minutes). a. The protocol was approved by the Collier County Fire Chief's Association Communication Subcommittee on March 21, 2013. b. The protocol was approved by the Collier County Fire Chief's Association on May 23, 2013 and will be submitted to the Collier County Sheriffs Office. c. This is complete internally at EMS with a change in the Communications SOG on May 13, 2013. This item is complete internally by EMS. Turn out times in excess of ninety seconds are monitored by EMS supervisory staff and require a documented reason by EMS field staff. Updates are pending from the Collier County Fire Chiefs Association and the Sheriffs Office. Page 1 of 2 Packet Page -2345- 1/13/2015 16.K.2. INTERNAL MEMORANDUM 3. The station pagers/antennas will be reviewed to determine antennae design, condition and performance. a. In progress-expected to be complete within 90 days b. Emergency Medical Services, Emergency Management Information Technology staff are reviewing current equipment. Documented in Paging System Review. c. The need for station pagers may be minimized or even eliminated with the "Locution" project mentioned in#10 below. The Paging System Review report is complete. This item will be reviewed post"Locution"implementation to determine the need and extent of station pagers and components. 4. EMS field staff is testing an alternative cellular carrier to determine if alternate devices/carriers should be utilized. An alternate cellular carrier has been tested and has proven to work well.Alternate devices will be explored in the next 90 days. a. In 30 days options will be outlined for devices and carriers available as well as field testing. b. Staff has reviewed alternate software available for handheld notification devices. c. Staff is reviewing alternative devices and possible alternative carriers to test handheld notification devices. This is a more difficult item to define and address simply because there is no pattern of failures that EMS can document.As with any cellular device, reception can be intermittent at certain locations and times. EMS staff currently is using a "tablet"device with is a cellular device which receives 9-1-1 call information and places the dispatch information on a map to direct responding apparatus. On the date of this incident —the tablet did not receive the dispatch information or activate. EMS Field staff has done minimal testing (week long)on a different cellular device and carrier. Initially the devices show possible positive results- '"` with comments from users that the device worked"perfectly"without documented failures. EMS will be reviewing options to expand this field test to different locations/EMS stations/apparatus. 5. There are long term changes to the Sheriff's Office Computer Aided Dispatch system and receiving hardware and devices.This is a longer term element that will change software and hardware at the Sheriff's Office level as well as the responder level. a. CCSO has chosen a vendor to provide an upgraded station notification system called Locution. Locution Systems provides automated dispatching and station alerting products for the public safety industry. CCEMS along with CCSO and fire districts throughout the county met with representatives from Locution on May 13, 2013, to determine the needs and system design. CCEMS is currently reviewing the needs of each EMS station. Several meetings with EMS,Sheriff's Office,fire districts and Locution have taken place. The vendor has provided information about the notification system, components, options and requirements. Site visits have taken place to review station plans and options.A letter has been sent to EMS from the Sheriff's Office stating the Sheriff will provide the core components for Locution as well as the requirements for EMS. EMS has budgeted for these requirements and have staff working with Locution,Sheriff's Office and the fire districts. Sheriff's Office staff has indicated a end of calendar year purchase. The Medical Examiner's report on this case is not complete at this time. Page 2 of 2 Packet Page -2346- 1/13/2015 16.K.2. MEMORANDUM TO: Chief Walter Kopka,Collier County EMS FROM: Dan E.Summers, Director DATE: May 22, 2013 RE: Internal Investigation Memorandum of March 12, 2013 In your memo referenced above on page 4 you requested my office to assist with a review of station pagers and antennas to determine antenna design, condition and performance as part of a corrective action process. My review is noted below. Summary: In our review of stations with the greatest potential of VHF pager transmission signal interference (North Naples-vicinity)we found all pagers and associated receivers working during our review. Signal strength from the County's VHF transmitter that activates the pager was working properly and exterior reception was good to excellent. While Harris/Communications International, (the equipment manufacturer and local service dealer)continue to address an extremely rare intermittent paging transmission interruption originating from the CCSO 911 Center,we found that field receiving of paging and performance was sufficient in both signal strength and audio quality from the field perspective during our review. While recommendations will be made to address the age of the equipment, strategies for additional levels of redundancy, and hardware in the EMS station facilities,the redundancy of both a "station-fixed pagers" and a second crewmember assigned pager provides an acceptable level of reliability complimented by timely telephone contact from 911 if warranted. It should also be noted that while there are efforts by the Collier County Sheriffs 911 to fund and construct an network based dispatch system that may allow for more building automation and dispatch text to personal devices, the VHF paging system should not be abandoned in any fashion. While the exact cost to make the upgrades discussed below have not yet been thoroughly evaluated,the cost for replacement conventional-type VHF equipment to make these upgrades and minor replacement(s) is extremely competitive and the work relatively simple. Packet Page -2347- 1/13/2015 16.K.2. *Recommendations, Discussion and Observations: 1. Collier County EMS field personnel who are assigned supplemental duties to oversee the EMS division's radio equipment are extremely dedicated and to the extent resources are available,worked to ensure reliable field equipment. EMS staff has been diligent with the necessary FCC narrow-banding effort. 2. The VHF band,transmitter,and paging configuration from the transmitter site to the end- user is extremely robust and signal strength and audio quality for a county of this size is quite good. 3. As age of a station facility increases,there is the tendency to overlook or become complacent with both data and radio systems being co-located on the same worktable or computer station. This is co-location of equipment can generate spurious radio frequency interference. While we did not observe any significant signal or audio loss when this was observed,the practice of placing computer modems, routers,and wireless devices next to one-another with adjacent paging receivers should be discouraged and separation devised between these networks to avoid any future signal degradation. 4. While we observed all the paging systems working we are making the following recommendations that may be classified as preventative maintenance and general �-- housekeeping: a. Initiate a phased approach to re-wiring and replacing the aged configuration of speakers and paging alert devices in each station beginning with those sites that are the farthest distance from the VHF tower and in the urban corridor typically more susceptible to radio interference. This effort should include: i. Improving the cabinet or workstation station receiver location and low voltage speaker wiring to avoid any accidental disconnect of any speakers or receiver. ii. Installation of uninterruptable power supply that could help prevent any loss from power surge, power interruption or lighting strike. iii. Confirmation of the installation of paging audio speakers in the bathrooms of stations. iv. Installation and consistent use system-wide of either a supplemental horn, strobe light or overhead lighting when tones are activated, especially for the evening hours or when crews are servicing their ambulance in the bay areas when high noise situations may occur. v. Replacement and proper placement of VHF external antennas for the paging system receiver. We observed many of the exterior antennas for the paging system did not clear the metal roof-ridge of the station. Exterior antennas Packet Page-2348- 1/13/2015 16.K.2. should favor the line of site concept to the tower and have at least a three foot clearance from a metal roof building. These exterior antennas for the receivers would do well to have lower loss antenna cabling utilized and as a rule,where wall mounted towers are available, higher antenna height is always better. Lighting surge protection devices should also be installed. b. The Motorola brand "Minitor" pager receiver product is the "staple"of fire and EMS paging systems around the world and predominately used within Collier County EMS and fire services. The product utilized is very robust and ruggedized for public safety use. The Minitor product utilization should be continued, but the following recommendations are being made. i. Acquire additional pagers so that the pagers may be sent to a Motorola authorized service center annual for a "bench-check". While these are extremely reliable units,the minor cost and quick turn-around (3—day typically) with a preventive maintenance program will help mitigate any future failures and address any potential power supply or battery issues. ii. The 110VAC power supply and re-chargeable battery components of the units should be replaced on a schedule, rather than waiting for failure to be observed. These components are inexpensive and can be easily stocked and exchanged. iii. As funds become available, migrate the pager and portable radio batteries to lithium-ion batteries where appropriate. c. In some stations,the Minitor receiver was being used as the receiving base station for the crew quarters dispatch receiver. Again,these units are quite robust, but may lack the features best suited for in-building notification as noted below. i. The Minitor amplified pager and charging station may not have enough audio output to reliably drive all the overhead speakers in the crew quarters, depending on the speaker type, number and station design. ii. We observed that in some cases the Minitor audio speaker output was tied to a residential quality(Radio Shack)amp to drive in-station audio speakers. Additionally, it was quite easy to accidentally adjust the volume level on the Minitor receiver that was being adapted to serve as the station receiver. A design change is recommended below in item d. It should also be noted that the crew's assigned pager also provides a back-up to the station pager. Packet Page-2349- 1/13/2015 16.K.2. d. EMS staff may wish to consider the following: i. Acquire a base-station type tone alert activated receiver that is totally dedicated for the long-term use as a stationary receiver and is designed with audio outputs, minimum volume levels and relays for alert devices such as strobe lights or station lighting controls. Again we stress that this effort should be segregated from the pending network based notification system be considered by the Collier County Sheriff's office and when and if that system is acquired, the VHF paging shall remain as a redundant back-up system. The Federal Signal brand "Informer" product series, may be an reasonable and reliable consideration. ii. Once the base-station type tone alert activated receivers are installed with improved antenna configurations the available Minitor units could be placed in crew-rotation for annual preventative maintenance efforts and used and for spare units during repair. 5. During our inspection we feel that we would be remiss if we did not mention the following for future consideration: a. American Messaging a nationwide text paging system currently being used by Emergency Management and the Sheriff's 911 might be a consideration for a redundant alpha-numeric pager and or alpha-numeric desktop device. These subscription cost are quite low and we have found the system very reliable in Collier County. We have not evaluated the equipment cost for a desktop resource. b. All of the EMS station rely upon the "receive only" of the VHF paging or monitoring the County's 800mhz radio and responding via the handheld portable radio or mobile radio. Should grant funds become available or other funding source the installation of a low power two-way base station might be worthy of consideration as a continuity of government communication resource during catastrophic disaster events. c. A phased approach to replacing aging low voltage wiring, antennas and speakers would be a worthwhile investment in future reliability and protection from lighting or power surges. This will require some close coordination with agencies and facilities in which EMS units are co-located. d. Paging receiving stations and the associated building speaker hardware controls should be in a more secure area that would avoid the accidental power cord or speaker cable "bumps or tugs", that could cause an interruption to the system when other portable equipment is being utilized or re-located. Packet Page -2350- 1/13/2015 16.K.2. In closing, I would like to thank Mr.John Daly and Paramedic Geoff Swets, who accompanied me on these site visits as part of our evaluation process. Staff will continue efforts to build a quality control component to this communication network. Staff will complete this quality control standard within the next 90 days. Thank you. Packet Page -2351- 1/13/2015 16.K.2. C'ottier linty Memorandum To: Leo Ochs, County Manager CC: Len Price, Administrative Services Administrator Mike Berrios, Information Technology Director From: John Daly, Telecommunications Manager Date: September 27, 2013 Subject: 800 MHz System Dropped Audio/Paging Tone This memo will summarize the steps that have been taken to resolve the occurrence of missing or dropped audio on the 800 MHz system. This problem was most noticeable on Fire/EMS calls when the paging alert tones were not properly transmitted by the system. This issue has proved problematic to resolve due to the intermittent nature of occurrence. The initial reports of this issue were received last fall and corresponding repair efforts resulted in four to six week periods of problem free system performance. In February of this year the problem became more prevalent. The vendor's technical support group has provided specific recommendations for system testing and resolution efforts to the local technical staff. In addition system engineers were sent to Collier to monitor these efforts which included: • Hardware replacement at the dispatch console position, this is the first step in troubleshooting • A radio system audit of the technical parameters in various components including; site transmitters, audio cards, radio system switch configuration, and the software and hardware revision levels of system components • Data and audio capture of radio system activity for analysis by the vendor's engineering staff • Modification to specific radio system configurations, these changes are made incrementally and then evaluated for success in resolution • Replacement of specific components based on system testing and the system audit The radio system vendor did issue a Technical Service Memo to all customers in July regarding this audio issue and recommended replacement of the audio cards for each dispatch console with a newer version. Unfortunately this did not resolve the issue in Collier. The vendor recommendation for Collier is that we revert to an older generation audio card and this has resolved the problem. We have had no further reports of missing audio and specific testing efforts have verified the problem does not occur with the older generation card. Information Technology Department Packet Page -2352- 1/13/2015 16.K.2. This is a serious issue and any occurrence is a cause for concern. The difficultly in resolution is related to the intermittent nature of the problem. Between February and August dispatch processed 22,835 Fire/EMS run numbers. There were only 47 verified incidents of dropped audio resulting in a paging tone being dropped. The system testing that has been conducted during the troubleshooting process of this issue has identified the same rate of occurrence, approximately .2% of transmissions, and this rate has remained consistent. Outside of radio system efforts, staff has worked with the various agencies and provided guidance with the paging equipment resident in each department. I know EMS has initiated preventative maintenance efforts for their station alerting equipment although I don't have a status on these efforts. Please let me know if additional information or clarification is needed. A delineated time line of the technical efforts is available if desired. Information Technology Department Packet Page -2353- 1/13/2015 16.K.2. Page 1 L N • 1 of 1 DOCUMENT LexisNexis(R)Florida Annotated Statutes Copyright(c)2014 by Matthew Bender&Company,Inc. a member of the LexisNexis Group. All rights reserved. *** Statutes and Constitution are updated through Acts 1-21,23-96,98-101,and 103-255 of the 2014 Regular Session and 2014 Special Session A. *** Title XXIX. Public Health.(Chs.381-408). Chapter 401. Medical Telecommunications and Transportation. Part III. Medical Transportation Services. GO TO FLORIDA STATUTES ARCHIVE DIRECTORY Fla. Stat. §401.411 (2014) §401.411. Disciplinary action;penalties. (1)The department may deny,suspend,or revoke a license,certificate,or permit or may reprimand or fine any licensee, certificateholder,or other person operating under this part for any of the following grounds: (a)The violation of any rule of the department or any provision of this part. (b)Being found guilty of,or pleading nolo contendere to,regardless of adjudication in any jurisdiction,a crime that relates to practice as an emergency medical technician or paramedic,or to practice in any other occupation,when operating under this part. (c)Addiction to alcohol or any controlled substance. (d)Engaging in or attempting to engage in the possession,except in legitimate duties under the supervision of a licensed physician,or the sale or distribution of any controlled substance as set forth in chapter 893. (e)The conviction in any court in any state or in any federal court of a felony,unless the person's civil rights have been restored. (f)Knowingly making false or fraudulent claims;procuring,attempting to procure,or renewing a certificate, license,or permit by fakery,fraudulent action,or misrepresentation. (g)Unprofessional conduct,including,but not limited to,any departure from or failure to conform to the minimal prevailing standards of acceptable practice under this part,including undertaking activities that the emergency medical technician,paramedic,health care professional,or other professional is not qualified by training or experience to perform. Packet Page -2354- I _ 1/13/2015 16.K.2. Page 2 Fla.Stat. §401.411 (h)Sexual misconduct with a patient,including inducing or attempting to induce the patient to engage,or engaging or attempting to engage the patient,in sexual activity. (i)The failure to give to the department,or its authorized representative,true information upon request regarding an alleged or confirmed violation of this part or rule of the department. (j)Fraudulent or misleading advertising or advertising in an unauthorized category. (k)Practicing as an emergency medical technician,paramedic,health care professional,or other professional operating under this part without reasonable skill and without regard for the safety of the public by reason of illness, drunkenness,or the use of drugs,narcotics,or chemicals or any other substance or as a result of any mental or physical condition. (1)The failure to report to the department any person known to be in violation of this part. (2)A suspension or revocation of a license or certificate is for all classifications unless the department,in its sole discretion,suspends or revokes one or more classifications thereof. (3)One year after the revocation of a license or certificate,application may be made to the department for reinstatement;and the department may authorize reinstatement. (4)Any charge of a violation of this part by a licensee affects only the license of the service location from which the violation is alleged to have occurred.Another license may not be issued to the same licensee for a new service location in the same county or any other county for a period of 3 years from the effective date of revocation. (5)If the department finds that the terms of any such suspension have been violated,it may revoke such suspension immediately. (6)If a person whose license,certificate,or permit has been suspended is found by the department to have violated any of the other provisions of this part,the department may revoke the license,certificate,or permit. (7)In addition to any other administrative action authorized by law,the department may impose an administrative fine,not to exceed$ 1,000 per violation of this part or rule of the department. Each day of a violation constitutes a separate violation and is subject to a separate fine.In determining the amount of a fine,the department shall consider the following factors: (a)The gravity of the violation,including the probability of death or disability as a result of the violation. (b)Any actions taken to correct the violation. (c)Any previous violations committed by the violator. (8)All amounts collected under this section must be deposited into the Emergency Medical Services Trust Fund. HISTORY: SS. 19,25,ch. 82-402;ss. 12, 13,ch. 83-196;s. 17,ch. 84-317;ss.21,36,ch.92-78;s.2,ch.98-87; s.2, ch.2010-188,eff.July 1,2010. Packet Page -2355-