Agenda 11/08/2011 Item #16F611/8/2011 Item 16.F.6.
EXECUTIVE SUMMARY
Authorize staff to advertise an ordinance for future consideration that amends Ordinance
No. 04-12, as amended, for the purpose of revising the Class 2 Certificate of Public
Convenience and Necessity for post- hospital interfacility transport services.
OBJECTIVE: To obtain the Board of County Commissioners (Board) approval to advertise
an ordinance for future consideration that amends Ordinance No. 04-12, as amended, for the
purpose of revising Class 2 Certificate of Public Convenience and Necessity ( COPCN) for Post.
hospital interfacility transport services..
CONSIDERATIONS: On October 25, 2011 the Board approved a COPCN for Ambitrans
Medical Transportation to provide Class 2 (post- hospital inter - facility medical transfer services)
within Collier County and authorized staff to bring forward necessary amendments to the
COPCN ordinance relied to Class 2 certificate holders. The proposed changes to the Ordinance
include:
• Revised description and specification of duties for Class 2 operators providing
interfacility transport services.
• Provides that those Class 2 and Class 3 Operators that have separately entered into a
contract with the County in order for the County Medical Director to serve as its medical
director shall be certified pursuant to the terms of the contract.
• Provides for a Ride Time Requirement for all Operators than have entered into a contract
with the County. Not subject to the ride time requirements are those Operators who have
not contracted with the County and serve under their own medical director.
• Provides a requirement for statistical data that will demonstrate how the proposed,
services will directly impact the population and territory proposed to be served as part of
procedures for obtaining a certificate.
• Provides that each Operator, within 90 days of Certificate issuance, shall maintannea place
of business which shall be within the designated operating zone, provide communication
with Operator's vehicles as well the Collier County Emergency Medical Services
Department.
• Requires that business, training and vehicle records, along with daily logs be maintained
and available for inspection or audit by the Administrator. -
• Requires that every Operator keep on file with Administrator and County Emergency
Medical Services Department a current business address and phone number.
FISCAL =ACT: Advertising cost is estimated to be $400 and funds are available in EMS Fund
490.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
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11/8/2011 Item 16. F.6.
^ LEGAL CONSIDERATIONS: The proposed ordinance has been reviewed by the County
Attorney, and is legally sufficient. This item requires majority vote for approval. -JAK
RECOMMENDATION: To authorize the County Manager to advertise an ordinance for future
consideration that amends Ordinance No. 04 -12, as amended, for the purpose of revising the Class
2 Certificate of Public Convenience and Necessity for post - hospital interfacility transport services.
Prepared by: Artie R. Bay, Administrative Supervisor, Emergency Medical Services
Jennifer B. White, Assistant County Attorney
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11/8/2011 Item 16. F.6.
COLLIER COUNTY
Board of County Commissioners
Item Number:
16.F.6.
Item Summary:
Authorize staff to advertise an ordinance for future consideration that
amends Ordinance
No. 04 -12, as amended, for the purpose of revising the Class 2 Certificate
of Public Convenience
and Necessity for post - hospital interfacility transport services.
Meeting Date:
11/8/2011
Prepared By
Name: BayArtie
Title: Supervisor - Accounting,EMS Operations
11/2/2011 1:18:18 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney, n
Date: 11/2/20112:25:00 PM
Name: KopkaWalter
Date: 11/2/20113:28:41 PM
Name: SummersDan
Title: Director - Bureau of Emergency Services,
Date: 11/2/20113:3 7:23 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 11/2/20114:16:38 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/2/20114:20:53 PM
Name: OchsLeo
Title: County Manager
Date: 11 /2/2011 4:39:26 PM
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11/8/2011 Item 16. F.6.
ORDINANCE NO. 2011 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 04 -12, AS
AMENDED, BY AMENDING, SECTION FIVE, PROCEDURE FOR
OBTAINING CERTIFICATE; SECTION TWELVE, CLASSIFICATIONS
OF CERTIFICATES; SECTION FIFTEEN, GENERAL OPERATING
REGULATIONS; SECTION SIXTEEN, CENTRAL PLACE OF
BUSINESS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 2004 -12, as amended, is codified as Article
III of Chapter 50 of the Code of Laws and Ordinances of Collier County, and originally enacted
through its predecessor Ordinance No. 81 -75; and
WHEREAS, Collier County desires to make available to its citizens safe, professional
emergency health care transportation and non - transportation services for emergency pre - hospital
responses and the transfer of patients between and among local hospital facilities; and
WHEREAS, this amendment to Ordinance No. 2004 -12, as amended, is primarily
intended to expand the Class -2 post - hospital transport certificate.
NOW THEREFORE: BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE: Amendments to Section Five of Ordinance No. 04 -12, as amended.
Section Five of Ordinance No. 04 -12, as amended, is hereby amended as follows:
SECTION FIVE: PROCEDURE FOR OBTAINING CERTIFICATE.
An applicant for a certificate shall provide the Administrator with the following
information in order for a request for a certificate to be considered. Each request shall
contain:
A. The name, age, and address of the owner of the ambulance or ALS Operator, or if
the owner is a corporation, then of the directors of the corporation and of all the
stockholders holding more that 25% of the outstanding shares. For governmental
units, this information shall be supplied for members of the governing body.
B. The boundaries of the territory desired to be served.
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11/8/2011 Item 16.F.6.
C. The number and brief description of the ambulances or other vehicles the
applicant will have available.
D. The address of the intended headquarters and any sub - stations.
E. The Training and experience of the applicant.
F. The names and addresses of three (3) Collier County residents who will act as
references for the applicant.
G. A schedule of rates which the service intends to charge.
H. Such other pertinent information as the administrator may require.
An application or renewal fee of two hundred fifth dollars ($250.00). (Exception
Collier County EMS.)
J. Financial data including assets and liabilities of the operator. A schedule of all
debts encumbering any equipment shall be included.
K. Statistical data that will demonstrate how the proposed services will directly
impact the population and territory proposed to be served.
SECTION TWO: Amendments to Section Twelve of Ordinance No. 04 -12, as amended.
Section Twelve B of Ordinance No. 04 -12, as amended, is hereby amended as follows:
SECTION TWELVE: CLASSIFICATIONS OF CERTIFICATES.
There shall be three (3) classifications of service in Collier County, as follows:
B. Class 2: Collier County Hesp4als Inter - Facility Transport Services:
1. —ALS Transfer: An EMS Operator who reader-s provides post - hospital
ALS- inter - facility medical transfer services, both within and outside the County.
If requested by the appropriate Class 1 — ALS rescue Operator, will provide
emergency pre - hospital backup service. Class -2 transfer certificate holders must
either provide for their own medical director or contract with the County Medical
Director, and will operate under protocols approved by the County Medical
Director. If the Operator provides for its own medical director, that medical
director shall work cooperatively with the County's Office of the Medical Director
to ensure continuity of care. Class 2 Operators shall comply with all guidelines
and policies approved by the Board of County Commissioners and shall notifv
and work with all hospitals and facilities to educate them as to the services
Operator provides. The County reserves the right to review and evaluate all calls
made by the Operator to ensure that the appropriate level of personnel supplies
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11/8/2011 Item 16. F.6.
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equipment and vehicles are being utilized. An EN49 Operator- ., he is .,,,.,,_aea
Class 2 ALS tFmsfef - eeitifirate and -gees - not -pow°, a Glass , A r S- r-esette
eer4€ea4e- shall - fit- r-espead- te--an emer-gene'- all andpreriae LS r-eseue
se ees- aniess- ealled upen by the appr-epfieAe Class , "L ef to
provide - emergeneybaekup -sere =lee —ln -these instanee , it shall be deemed -te be
SECTION THREE: Amendments to Section Fifteen of Ordinance No. 04 -12, as amended.
Section Fifteen of Ordinance No. 04 -12, as amended, is hereby amended as follows:
SECTION FIFTEEN: GENERAL OPERATING REGULATIONS.
All certificate holders, operators, and drivers shall comply with all state statutes and
administrative regulations as following regulations:
G. Certification. (i). In addition to the State of Florida Department of Health,
Bureau of Emergency Medical Services requirements for certification, each
Collier County EMS paramedic, Class -2 Operator's paramedic, and Class -3
Operator that has separately entered into a contract with the County in order for
the County's Medical Director to serve as its medical director for the performance
of services set forth in Section 401.265, Florida Statutes, and Chapter 64J-
2.004(4)(a), Florida Administrative Code, must be certified by the County
Medical Director. Each Collier County EMS paramedic and Class -2 Operator
paramedic, that contracts with the County, must work with a Collier County EMS
ambulance for a sufficient length of time pursuant to paragraph H. for the
County's Medical Director to properly judge the paramedic's capability. Salaries
of other than Collier County EMS paramedics will be paid by the agency seeking
the Medical Director Certification.
(ii). All Operators,
, shall certify its paramedics pursuant to
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SECTION THREE: Amendments to Section Fifteen of Ordinance No. 04 -12, as amended.
Section Fifteen of Ordinance No. 04 -12, as amended, is hereby amended as follows:
SECTION FIFTEEN: GENERAL OPERATING REGULATIONS.
All certificate holders, operators, and drivers shall comply with all state statutes and
administrative regulations as following regulations:
G. Certification. (i). In addition to the State of Florida Department of Health,
Bureau of Emergency Medical Services requirements for certification, each
Collier County EMS paramedic, Class -2 Operator's paramedic, and Class -3
Operator that has separately entered into a contract with the County in order for
the County's Medical Director to serve as its medical director for the performance
of services set forth in Section 401.265, Florida Statutes, and Chapter 64J-
2.004(4)(a), Florida Administrative Code, must be certified by the County
Medical Director. Each Collier County EMS paramedic and Class -2 Operator
paramedic, that contracts with the County, must work with a Collier County EMS
ambulance for a sufficient length of time pursuant to paragraph H. for the
County's Medical Director to properly judge the paramedic's capability. Salaries
of other than Collier County EMS paramedics will be paid by the agency seeking
the Medical Director Certification.
(ii). All Operators,
, shall certify its paramedics pursuant to
Words underlined added and words stFuek dweu are deleted.
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11/8/2011 Item 16. F.6.
Section 401.265, Florida Statutes, and Chapter 64J- 2.004(4)(a), Florida
Administrative Code.
A Class -2 and Class -3 Operators that has have separately entered into a
contract with the County in order for the County's Medical Director to
serve as its medical director for the performance of services set forth in
Section 401.265, Florida Statutes, and Chapter 64J- 2.004(4)(a), Florida
Administrative Code, shall be certified pursuant to the terms of such
contract.
H. Ride Time Requirement. Each paramedic employed by a Collier County EMS, a
Class -1 Operator or amass -2 Operator that has entered into a contract with the
Counly must work, at a minimum, with a Class -1 Operator's ambulance not less
than one full month's work shift annually. Each paramedic employed by a Class -
3 Operator that has its own medical director must accompany a patient on the
Collier County EMS ALS transport from scene to hospital when the paramedic
for such Class -3 Operator initiates ALS services on a patient prior to Collier
County EMS transport arrival or if the patient's condition requires that additional
level of expertise. Each paramedic employed by a Class -3 Operator that has
separately entered into a contract with the County in order for the County's
Medical Director to serve as its medical director for the performance of services
set forth in Section 401.265, Florida Statutes, and Chapter 64J- 2.004(4)(a),
Florida Administrative Code, shall either work with a Collier County EMS
ambulance not less than one full month's work shift annually or must accompany
a patient on the Collier County EMS ALS transport from scene to hospital when
the paramedic for such Class -3 Operator initiates ALS services on a patient prior
to a Collier County EMS transport arrival or if the patient's condition requires
that additional level of expertise, as provided for in its contract with the County.
SECTION FOUR: Amendments to Section Sixteen of Ordinance No. 04 -12, as
amended.
Section Sixteen of Ordinance No. 04 -12, as amended, is hereby amended as follows:
SECTION SIXTEEN: GENTRAL PLACE OF BUSINESS.
Within 90 days of Certificate issuance each Each Operator shall maintain a eel place of
business which shall be entirely within his designated operating zone, at which place he shall
provide Pw way communication with his vehicles, the Collier County Emergency Medical
Services Department Gent -1 �'e:::::;un a *'GepAer, and his place of business, a properly listed
telephone for receiving all calls for service and at which eeatr-a4 place of business he shall keep
such business records training records, vehicles and daily logs available for inspection or audit by
the Administrator. Every Operator shall keep on file with the Administrator and the County
Emergency Medical Services Department Gent-1 G-frAnaniea4iens G —e GeFAe a business address and
telephone number at which the Operator may be reached at all times. This information will be
maintained at the Emergency Medical Services Department reftFel Gent -.
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11/8/2011 Item 16. F.6.
SECTION FIVE: Conflict and Severability.
In the event this Ordinance should ever conflict with any other Ordinance of Collier
County or other applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provisions and such holding shall not affect
the validity of the remaining portions.
SECTION SIX: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered and internal cross - references amended throughout to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION SEVEN: Effective Date.
This Ordinance shall be considered adopted upon the date written below and subject to
filing with the Florida Department of State.
PASSED AND DULY ADOPTED by a vote of majority of the Board of County
Commissioners of Collier County, Florida, this day of 92011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
IM
FRED W. COYLE, CHAIRMAN
Words underlined added and words stfuelE thr-eu are deleted.
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