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Agenda 05/14/2024 Item #16F 2 (Proposed Ordinance - To enhance current ambulance service and advanced life support (ALS) services)05/14/2024 EXECUTIVE SUMMARY Recommendation to direct the County Attorney to advertise and bring back for a public hearing a proposed ordinance repealing and replacing Ordinance No. 81-75, as amended, which establishes uniform standards for certification of ambulance or advanced life support services. OBJECTIVE: To enhance current ambulance service and advanced life support (ALS) services. CONSIDERATIONS: On December 1, 1981, The Board of County Commissioners adopted Ordinance No. 81 - 75, in order to establish uniform county-wide standards for certification of ambulance or advanced life support or services, and to establish complete and clear rules and regulations for operation of all ambulance or rescue companies or services in Collier County. Ordinance No. 81-75 and its many amendments are codified as Chapter 50, Article III, of the Collier County Code of Laws and Ordinances. The proposed ordinance provides a collaborative approach: Collaboration among Collier County EMS and the different fire agencies fosters a stronger sense of community and enhances overall emergency response efforts. It promotes knowledge/training equalization, standardization of protocols, and mutual support, ultimately benefiting patient care and outcomes. In emergency situations or during peak demand periods, having multiple agencies available for transport adds flexibility and adaptability to the system. It allows for better management of surges in demand and ensures that patients can be transported promptly regardless of fluctuations in call volume. Further, by allowing other agencies within our county to transport patients not only alleviates the strain on our busy Advanced Life Support (ALS) system but also enhances the overall efficiency, responsiveness, and effectiveness of the closest unit response of emergency medical services within our county. Substantive changes include: • Sets out a detailed process for applications for a certificate of public convenience and necessity as authorized in F.S. § 401.25(2)(d). • Confirms the requirement of a uniform Countywide Medical Protocols. • Establishes a county wide “Medical Director Coalition” for DATA driven medical treatment. • Upon approval of application, it allows partner agencies the ability to transport. • Allows for appeals of a hearing officer decision to the Board of County Commissioners. FISCAL IMPACT: There is no fiscal impact associated with this request. GROWTH MANAGEMENT IMPACT: There is no growth management impact related to this request. 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: That the Board of County Commissioners directs the County Attorney to advertise and bring back for a public hearing a proposed ordinance repealing and replacing Ordinance No. 81 -75, as amended, for the purposes stated above. PREPARED BY: Michael J. Choate, Executive Director of Public Safety 16.F.2 Packet Pg. 1643 05/14/2024 ATTACHMENT(S) 1. Ordinance - Medical Transport Services (CoPCN) - 4.16.24 - CAO stamped (PDF) 2. ARTICLE_III.___MEDICAL_TRANSPORTATION_SERVICES municode updated 3-5-24 revised by ljd flattened (PDF) 3. line numbered version - Ordinance Medical Transport Services (CoPCN) - 4.16.24 (PDF) 16.F.2 Packet Pg. 1644 05/14/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.2 Doc ID: 28827 Item Summary: Recommendation to direct the County Attorney to advertise and bring back for a public hearing a proposed ordinance repealing and replacing Ordinance No. 81-75, as amended, which establishes uniform standards for certification of ambulance or advanced life support services. Meeting Date: 05/14/2024 Prepared by: Title: – Emergency Medical Services Name: Cherie DuBock 05/07/2024 11:13 AM Submitted by: Title: – Emergency Medical Services Name: Bruce Gastineau 05/07/2024 11:13 AM Approved By: Review: Emergency Medical Services Bruce Gastineau EMS Chief Review Completed 05/08/2024 2:53 PM Emergency Management Michael Choate Executive Director Review Completed 05/07/2024 11:51 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/07/2024 12:01 PM Office of Management and Budget Agnieszka Chudy OMB Reviewer Completed 05/07/2024 2:39 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/07/2024 2:40 PM Corporate Business Operations Jennifer Reynolds OMB Reviewer Completed 05/08/2024 12:08 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/08/2024 12:24 PM Board of County Commissioners Geoffrey Willig Meeting Pending 05/14/2024 9:00 AM 16.F.2 Packet Pg. 1645 16.F.2.a Packet Pg. 1646 Attachment: Ordinance - Medical Transport Services (CoPCN) - 4.16.24 - CAO stamped (28827 : ORDINANCE MEDICAL TRANSPORT 16.F.2.a Packet Pg. 1647 Attachment: Ordinance - Medical Transport Services (CoPCN) - 4.16.24 - CAO stamped (28827 : ORDINANCE MEDICAL TRANSPORT 16.F.2.a Packet Pg. 1648 Attachment: Ordinance - Medical Transport Services (CoPCN) - 4.16.24 - CAO stamped (28827 : ORDINANCE MEDICAL TRANSPORT 16.F.2.a Packet Pg. 1649 Attachment: Ordinance - Medical Transport Services (CoPCN) - 4.16.24 - CAO stamped (28827 : ORDINANCE MEDICAL TRANSPORT 16.F.2.a Packet Pg. 1650 Attachment: Ordinance - Medical Transport Services (CoPCN) - 4.16.24 - CAO stamped (28827 : ORDINANCE MEDICAL TRANSPORT 16.F.2.a Packet Pg. 1651 Attachment: Ordinance - Medical Transport Services (CoPCN) - 4.16.24 - CAO stamped (28827 : ORDINANCE MEDICAL TRANSPORT 16.F.2.a Packet Pg. 1652 Attachment: Ordinance - Medical Transport Services (CoPCN) - 4.16.24 - CAO stamped (28827 : ORDINANCE MEDICAL TRANSPORT 16.F.2.a Packet Pg. 1653 Attachment: Ordinance - Medical Transport Services (CoPCN) - 4.16.24 - CAO stamped (28827 : ORDINANCE MEDICAL TRANSPORT 16.F.2.a Packet Pg. 1654 Attachment: Ordinance - Medical Transport Services (CoPCN) - 4.16.24 - CAO stamped (28827 : ORDINANCE MEDICAL TRANSPORT 16.F.2.a Packet Pg. 1655 Attachment: Ordinance - Medical Transport Services (CoPCN) - 4.16.24 - CAO stamped (28827 : ORDINANCE MEDICAL TRANSPORT 16.F.2.a Packet Pg. 1656 Attachment: Ordinance - Medical Transport Services (CoPCN) - 4.16.24 - CAO stamped (28827 : ORDINANCE MEDICAL TRANSPORT 16.F.2.a Packet Pg. 1657 Attachment: Ordinance - Medical Transport Services (CoPCN) - 4.16.24 - CAO stamped (28827 : ORDINANCE MEDICAL TRANSPORT 16.F.2.a Packet Pg. 1658 Attachment: Ordinance - Medical Transport Services (CoPCN) - 4.16.24 - CAO stamped (28827 : ORDINANCE MEDICAL TRANSPORT 16.F.2.a Packet Pg. 1659 Attachment: Ordinance - Medical Transport Services (CoPCN) - 4.16.24 - CAO stamped (28827 : ORDINANCE MEDICAL TRANSPORT 16.F.2.a Packet Pg. 1660 Attachment: Ordinance - Medical Transport Services (CoPCN) - 4.16.24 - CAO stamped (28827 : ORDINANCE MEDICAL TRANSPORT 16.F.2.a Packet Pg. 1661 Attachment: Ordinance - Medical Transport Services (CoPCN) - 4.16.24 - CAO stamped (28827 : ORDINANCE MEDICAL TRANSPORT 16.F.2.a Packet Pg. 1662 Attachment: Ordinance - Medical Transport Services (CoPCN) - 4.16.24 - CAO stamped (28827 : ORDINANCE MEDICAL TRANSPORT 16.F.2.a Packet Pg. 1663 Attachment: Ordinance - Medical Transport Services (CoPCN) - 4.16.24 - CAO stamped (28827 : ORDINANCE MEDICAL TRANSPORT 16.F.2.a Packet Pg. 1664 Attachment: Ordinance - Medical Transport Services (CoPCN) - 4.16.24 - CAO stamped (28827 : ORDINANCE MEDICAL TRANSPORT PART I - CODE Chapter 50 - EMERGENCY SERVICES ARTICLE III. MEDICAL TRANSPORTATION SERVICES Collier County, Florida, Code of Ordinances Created: 2024-03-06 09:38:54 [EST] (Supp. No. 113) Page 1 of 14 From Municode last updated version 3/5/24 ARTICLE III. MEDICAL TRANSPORTATION SERVICES1 Sec. 50-51. Purpose. This article is adopted pursuant to F.S. chs. 125 and 401. The purpose of this article is to provide better protection for the health, safety and welfare of the residents of Collier County, in ambulance and ALS matters, by establishing uniform county-wide standards for certification of ambulance or advanced life support or services, or operations by promulgating complete and clear rules and regulations for operation of all ambulance or rescue companies or services in Collier County. (Ord. No. 04-12, § 1) Sec. 50-52. Definitions. 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: Administrator shall mean the County Manager, or his or her designee. Advanced Life Support (ALS) shall mean procedures conducted as defined in applicable Florida Statutes and Florida Administrative Code. The provision of ALS services may include ambulance service or ALS non-transport services. Advanced Life Support Non-Transport (ALS non-transport) shall mean the provision of ALS services in an emergency by a licensee until the arrival of an air ambulance or an ambulance which is used for, or intended to be used for, land, air, or water transportation of sick or injured persons requiring or likely to require medical attention during transport. Ambulance means any privately or publicly owned land, air, or water vehicle that is designed, constructed, reconstructed, maintained, equipped or operated, and is used for or intended to be used for air, land, or water transportation of persons, who are sick, injured, or otherwise helpless. Basic Life Support (BLS) means the assessment of treatment by a person qualified under Florida Statute and Florida Administrative Code in the use of techniques described in the EMT-Basic National Standard Curriculum or the National EMS Education Standards of the United States Department of Transportation and approved by the Department of Health. Board shall mean the Collier County Board of County Commissioners. Certificate means a certificate of public convenience and necessity as authorized in F.S. § 401.25(2)(d). 1Editor's note(s)—Ord. No. 04-12, § 26, adopted Feb. 24, 2004, repealed divs. 1 and 2 of art. III, §§ 50-51—50-68, 50-76—50-86, in their entirety. Sections 1—25 of said ordinance enacted similar provisions to read as herein set out. Cross reference(s)—Businesses, ch. 22; health and sanitation, ch. 66. State law reference(s)—Medical transportation services, F.S. § 401.2101 et seq. 16.F.2.b Packet Pg. 1665 Attachment: ARTICLE_III.___MEDICAL_TRANSPORTATION_SERVICES municode updated 3-5-24 revised by ljd flattened (28827 : ORDINANCE Created: 2024-03-06 09:38:54 [EST] (Supp. No. 113) Page 2 of 14 Countywide Medical Protocols means the medically correct standing orders or protocols that permit specified ALS and BLS procedures when communication cannot be established with an Operator’s medical director or when any delay in patient care would potentially threaten the life or health of the patient, which all Class 1, 3, and 4 certificate holders’ emergency medical service professionals, such as paramedics and emergency medical technicians (EMTs), must follow for patient assessment, treatment, transportation, and delivery to definitive care. Countywide Medical Protocols must be approved by the Collier Regional Medical Directors Coalition in accordance with section 50-77. An Operator’s medical director may elect not to have its emergency medical service professionals carry all medicines or perform all procedures required by a Countywide Medical Protocol but such medical director shall ensure that its emergency medical service professionals are fully trained on the entire protocol. Emergency Call shall mean the transit of an ambulance under conditions which warrants travel with flashing lights and siren operating. Governmental Entity shall mean Collier County, a municipality, or an independent special fire control and rescue district within Collier County. Non-governmental Entity shall mean any person, organization, firm, agency, or entity including, but not limited to, a corporation, partnership, limited liability company, or sole proprietorship that is not affiliated, through ownership or control, with a governmental entity. Operator shall mean any non-governmental entity or governmental entity providing ambulance or ALS non- transport services. Patient shall mean an individual who is ill, sick, injured, wounded, or otherwise incapacitated or helpless. Rescue Service (Non-ALS) shall mean first response treatment of patients but does not include ALS or transport. Routine Call or Routine Transfer shall mean the transportation of a patient under non-emergency call conditions. (Ord. No. 04-12, § 2; Ord. No. 2011-36, § 1; Ord. No. 2019-38 , § 1; Ord. No. 2024-xx, § x ) Sec. 50-53. Requirements for certificate. It shall be unlawful for any non-governmental entity or governmental entity to provide an ambulance service or provide ALS services or interfacility transport services without first obtaining a certificate therefore from the Board or the Administrator, as provided by this Ordinance. (Ord. No. 04-12, § 3; Ord. No. 2024-xx, § x) Sec. 50-54. Exemptions and exclusions from certificate requirement. Certificates shall not be required for: (1) Rescue Services (Non-ALS). (2) The use of a non-ambulance for any transport of a patient pursuant to the Good Samaritan Act, F.S. § 768.13. (3) Vehicles rendering ambulance-type services when requested to do so by the Board or Administrator in the event of a major catastrophe or other such emergency which requires more ambulances than are available in the county. 16.F.2.b Packet Pg. 1666 Attachment: ARTICLE_III.___MEDICAL_TRANSPORTATION_SERVICES municode updated 3-5-24 revised by ljd flattened (28827 : ORDINANCE Created: 2024-03-06 09:38:54 [EST] (Supp. No. 113) Page 3 of 14 (4) Ambulances based outside the county which pick up a patient in the county and transport the patient out of the county, or which pick up a patient out of the county and transport the patient into the county. (5) Vehicles used to transport persons for routine scheduled medical treatments. Vehicles transporting persons who require services en route are not covered by this exemption. (Ord. No. 04-12, § 4; Ord. No. 05-16, § 4; Ord. No. 2011-36, § 2; Ord. No. 2024-xx, § x) Sec. 50-55. Procedure for obtaining certificate. A. Non-governmental entities applying for any classification of certificate shall provide the Administrator with the following information in order for a request for a certificate to be considered. Each request shall contain: (1) 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 than 25% of the outstanding shares. (2) The boundaries of the territory desired to be served (known as a zone). (3) The number and brief description of the ambulances or other vehicles the applicant will have available. (4) The address of the intended headquarters and any substations. (5) The training and experience of the applicant. (6) The names and addresses of three Collier County residents who will act as references for the applicant. (7) A schedule of rates which the service intends to charge. (8) Such other pertinent information as the Administrator may require. (9) An application or renewal fee of $250.00. (10) Financial data including assets and liabilities of the Operator. A schedule of all debts encumbering any equipment shall be included. B. Governmental entities applying for a Class 1, Class 3, and/or Class 4 certificate shall provide the Administrator with the following information in order for a request for a certificate to be granted. Each request shall contain: (1) The name of the governmental entity. (2) (a) The boundaries of the territory to be served by a Class 1 or Class 3 Operator that is a governmental entity includes the governmental entity’s jurisdiction and any areas in which the governmental entity has an automatic aid or mutual aid agreement for fire and emergency medical services or in accordance with a closest unit response agreement. If an applicant submits an application that does not include the same number of Collier County EMS ambulances that were previously stationed within the governmental entity’s boundaries at the time of its Class 1 certificate application (“Prior Coverage”), a statement that the Class 1 Operator recognizes that Collier County EMS may continue to provide transport services within its territory and, to avoid the disruption of transport services to the public, the governmental entity will coordinate with Collier County EMS related to ambulance coverage within its boundaries until such time as the governmental entity activates the same Prior Coverage. (b) If a governmental entity’s ability to provide service under a Class 4 certificate is activated in accordance with Section 50-62, the Operator is authorized to provide fire, rescue, and emergency medical services countywide if the Operator has the closest or most appropriate unit that is able to provide the response. 16.F.2.b Packet Pg. 1667 Attachment: ARTICLE_III.___MEDICAL_TRANSPORTATION_SERVICES municode updated 3-5-24 revised by ljd flattened (28827 : ORDINANCE Created: 2024-03-06 09:38:54 [EST] (Supp. No. 113) Page 4 of 14 (3) A certification by the Fire Chief or applicable administrator of the governmental entity that the governmental entity has the ability to obtain all licenses and certificates as may be required by F.S. Ch. 401. (4) The governmental entity’s annual report or its last fiscal audit submitted to the Florida Auditor General. (5) A schedule of rates which the service intends to charge, if applicable. The schedule of rates may be a statement that such rates are the rates as set by the Federal Government. (6) The number of vehicles that the applicant will permit under its state license for ambulances and ALS non- transport vehicles, as applicable. No application or renewal fee shall be required for any applicant that is a governmental entity applying for a Class 1, Class 3 or Class 4 certificate. An applicant may apply for multiple certificates simultaneously. (Ord. No. 04-12, § 5; Ord. No. 2011-36, § 3; Ord. No. 2024-xx, § x) Sec. 50-56. Review of application. A. For all applicants that are non-governmental entities, the Administrator shall review each application and shall investigate the applicant's reputation, competence, financial responsibility, and any other relevant factors. The Administrator shall also make an investigation as to the public necessity for an ambulance or ALS operation in the territory requested, and shall then make a report to the Board containing his or her recommendation whether to grant a certificate to the applicant within sixty (60) days of the time the Administrator determines the application is complete. B. Notwithstanding any other ordinance or provision, no administrative review or review by the Board, a county- appointed board, entity, or commission shall be required for any applicant that is a governmental entity applying for a Class 1, Class 3, and/or Class 4 certificate. Upon submission of an application that includes the information required by Section 50-55.B.(1)-(6), the Administrator shall administratively approve the application and shall issue the requested certificate or certificates to the governmental entity within sixty (60) days of the application submission. (Ord. No. 04-12, § 6; Ord. No. 2024-xx, § x) Sec. 50-57. Requirement for Board approval in granting certificate. The Board shall not grant a certificate to a non-governmental entity unless it shall find, after public hearing and based on competent evidence that each of the following standards has been satisfied: (1) That there is a public necessity for the service. In making such determination, the Board shall consider, as a minimum, the following factors: a. The extent to which the proposed service is needed to improve the overall emergency medical services (EMS) capabilities of Collier County. b. The effect of the proposed service on existing services with respect to quality of service and cost of service. c. The effect of the proposed service on the overall cost of EMS service in the county. d. The effect of the proposed service on existing hospitals and other health care facilities. e. The effect of the proposed service on personnel of existing services and the availability of sufficient qualified personnel in the local area to adequately staff all existing services. (2) That the applicant has sufficient knowledge and experience to properly operate the proposed service. 16.F.2.b Packet Pg. 1668 Attachment: ARTICLE_III.___MEDICAL_TRANSPORTATION_SERVICES municode updated 3-5-24 revised by ljd flattened (28827 : ORDINANCE Created: 2024-03-06 09:38:54 [EST] (Supp. No. 113) Page 5 of 14 (3) That, if applicable, there is an adequate revenue base for the proposed service. (4) That the proposed service will have sufficient personnel and equipment to adequately cover the proposed service area. (Ord. No. 04-12, § 7; Ord. No. 2011-36, § 4; Ord. No. 2024-xx, § x) Sec. 50-58. Appointment of hearing officer. In making the determinations provided for in section 50-57 above, the Board may, in its sole discretion, appoint a hearing officer to hold a public hearing and to make factual findings and conclusions as a result of the hearing. Should a Hearing Officer be appointed, said hearing officer shall render a written report to the board within thirty (30) days of the hearing, which report shall contain the officer's findings and conclusions of fact, and a recommended order. The findings and conclusions of fact shall be binding upon the Board, but the recommended order shall be advisory only. (Ord. No. 04-12, § 8; Ord. No. 2024-xx, § x) Sec. 50-59. Rights and duties granted by certificate. (a) The certificate granted by the Board to a non-governmental entity shall be valid for one (1) calendar year and shall be personal to the applicant and not transferable. In the case of a corporation, if there occurs such a transfer of stock or other incidents of ownership as to change the majority or largest stockholder, a new certificate must be applied for. Changes in the officers of the corporation will not require a new certificate. The certificate granted by the Administrator to a governmental entity shall remain valid until such time as the governmental entity provides one (1) year notice to the Administrator that it will no longer be providing ALS services. Notwithstanding, a certificate issued to a governmental entity may be revoked in accordance with Section 50-61. (b) A Class 1 and Class 3 certificate holder may increase the number of vehicles providing services upon notifying Collier County within five (5) business days of additional State vehicle permits including whether such vehicle is an ambulance or providing ALS non-transport services (as applicable). Nothing in this Ordinance shall supersede any State administrative rule that allows a vehicle to provide BLS services. (c) Acceptance of the certificate by the applicant shall obligate the applicant to: (1) Service the entire zone granted to the applicant or the area provided in Section 50-55.B(2)(a) for Class 1, Class 3, and Class 4 certificate holders. (2) Provide coverage to adjoining zones, if available, when requested to do so by emergency dispatch for emergency calls when the certificate holder for that zone is unable to respond. A Class 4 certificate holder is authorized to provide fire, rescue, and emergency medical services countywide if activated in accordance with Section 50-62. (3) Keep posted at the Operator’s place of business a copy of the fee schedule, which must be filed with the Administrator (if applicable). (4) Operate in accordance with the rules and regulations adopted pursuant to this Ordinance and any applicable County Ordinances, and F.S. ch. 401, and any administrative regulations adopted pursuant thereto. (5) Employ, at all times, sufficient personnel experienced in operation and management of emergency medical services to ensure proper and efficient operation. 16.F.2.b Packet Pg. 1669 Attachment: ARTICLE_III.___MEDICAL_TRANSPORTATION_SERVICES municode updated 3-5-24 revised by ljd flattened (28827 : ORDINANCE Created: 2024-03-06 09:38:54 [EST] (Supp. No. 113) Page 6 of 14 (6) Submission of a list of all vehicles permitted by the State Department of Health. (Ord. No. 04-12, § 9; Ord. No. 2011-36, § 5; Ord. No. 2024-xx, § x) Sec. 50-60. Renewal of certificate. Each non-governmental entity certificate holder shall file within ninety (90) days of expiration, an application for renewal of the certificate. Renewals shall be based upon the same standards, as the granting of the original certificate along with such other factors as may be relevant. The renewal application shall be accompanied by a $250.00 renewal fee. If the initial certificate was issued under section 50-57. The renewal certificate may be approved routinely by the Board, upon advice of the Administrator, or the Board may hold a hearing on same. (Ord. No. 04-12, § 10; Ord. No. 2024-xx, § x) Sec. 50-61. Emergency provisions. The Board may modify, suspend or revoke a certificate in the interest of the public health, safety and welfare, only at public hearing and after reasonable notice has been given to the certificate holder affected. However, if a situation exists which poses a serious threat that the Operator will not be available in any certain area of Collier County, the Administrator shall have such temporary emergency powers as are necessary to provide that service. These temporary powers are intended to provide interim protection until such time as the Board meets to resolve the emergency. (Ord. No. 04-12, § 11; Ord. No. 2011-36, § 6; Ord. No. 2024-xx, § x) Sec. 50-62. Classifications of certificates. To fulfill ongoing needs for emergency medical services in Collier County, as it grows and responds to service needs, there shall be four (4) classifications of service in Collier County, as follows: A. ALS Transport Class 1 Primary ALS Rescue Transport 1. An Operator with the capability of rendering on the scene prehospital ALS services with transport capability and who may or may not elect to transport patients based on medical necessity. An Operator rendering this level of service for a governmental entity shall be deemed to be operating under the Class 1 - ALS rescue certificate of public convenience and necessity held by the governmental entity. An Operator holding a Class 1 - ALS rescue certificate may provide post-hospital interfacility medical transfer services and routine ALS and BLS calls within the County. A certificate of public convenience and necessity must be obtained from the County before engaging in this level of medical service. The medical director of a Class 1 certificate holder, unless as provided for in Section 50-77, shall actively participate in the Collier Regional Medical Directors Coalition and must implement the Countywide Medical Protocols developed in accordance with Section 50-77 to ensure continuity of care. An Operator with a Class 1 – ALS rescue certificate may provide both ambulances and ALS non-transport services based on the information provided to Collier County in accordance with Sections 50-55(B.) and 50- 59. An Operator with a Class 1 certificate is authorized to have its ALS non-transport vehicles provide transport on a limited basis upon (1) the issuance of an emergency order has been issued by the Governor of the State 16.F.2.b Packet Pg. 1670 Attachment: ARTICLE_III.___MEDICAL_TRANSPORTATION_SERVICES municode updated 3-5-24 revised by ljd flattened (28827 : ORDINANCE Created: 2024-03-06 09:38:54 [EST] (Supp. No. 113) Page 7 of 14 of Florida declaring or extending a state of emergency for a natural disaster or public health emergency that includes Collier County, (2) the occurrence of an active shooting incident in Collier County as determined by the Collier County Sheriff’s Office, (3) the occurrence of an injury to a firefighter, paramedic, or law enforcement officer that results in the need for the immediate transport, or (4) the occurrence of a mass casualty as defined by the Collier County Fire Chiefs Mass Casualty Incident Guidelines in Collier County. A Class 1 certificate holder may also temporarily add additional ambulances based on special events within its boundaries. 2. The medical director for a Class 1 certificate holder shall not delegate or relinquish any responsibilities identified in F.S. § 401.265, and associated Florida Administrative Code rules. The medical director for a Class 1 certificate holder, unless as provided for in Section 50-77, shall actively participate in the Collier Regional Medical Directors Coalition and must implement the Countywide Medical Protocols developed in accordance with Section 50-77 to ensure continuity of care. 3. Only governmental entities may be Class 1 certificate holders. B. Class 2: Collier County Inter-Facility Transport Services BLS or ALS Transfer: An Operator who provides post-hospital 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. ALS transfer certificate holders may provide post-hospital medical transfer services for routine and emergency ALS and BLS patients. Class 2 transfer certificate holders must either provide for their own medical director or contract with the County Medical Director, and will operate under the protocols approved by the Class 2 Operator’s 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 notify 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, equipment and vehicles are being utilized, as set forth in Florida Statute and Florida Administrative Code. C. Class 3: ALS Non-Transport 1. An Operator who renders ALS pre-hospital services without transport capability. 2. Class 3 certificate holders work in concert with applicable Class 1 Operators to assure adequate and timely response to prehospital incidents with the intent to either reduce applicable response times or otherwise augment the level of services as requested by the associated Class 1 Operator. Class 3 certificate holders service will improve patient outcomes, reduce time to initial assess to care, and improve performance on quality measures as developed by state or national oversight groups. If requested by a Class 1 Operator, each paramedic employed by a Class 3 certificate holder must accompany a patient on an Operator’s ALS transport from scene to hospital when the paramedic for such Class 3 Operator initiates ALS services on a patient prior to the Class 1 Operator transport arrival or if the patient's condition requires that additional level of expertise. Unless an Operator possesses a Class 1 - ALS Rescue certificate issued by the County, a certificate of public convenience and necessity must be obtained from the County before engaging in this level of medical service. 3. The medical director for a Class 3 Operator for purposes of this Ordinance or Florida Statutes unless the Class 3 shall work cooperatively with the Class 1 Operators to ensure continuity of care. The medical director for a Class 3 certificate holder shall not delegate or relinquish any responsibilities identified in F.S. § 401.265, and associated Florida Administrative Code rules. The medical director for a Class 3 certificate holder, unless as provided for in Section 50-77, shall actively participate in the Collier Regional Medical Directors Coalition and must implement the Countywide Medical Protocols developed in accordance with Section 50-77 to ensure continuity of care. 16.F.2.b Packet Pg. 1671 Attachment: ARTICLE_III.___MEDICAL_TRANSPORTATION_SERVICES municode updated 3-5-24 revised by ljd flattened (28827 : ORDINANCE Created: 2024-03-06 09:38:54 [EST] (Supp. No. 113) Page 8 of 14 4. Only governmental entities may be Class 3 certificate holders. D. Class 4: Secondary ALS Transport 1. An Operator with the capability of rendering on the scene prehospital ALS services with transport capability and who may or may not elect to transport patients based on medical necessity. An Operator with a Class 4 certificate may only transport upon (1) the request of a Class 1 certificate holder, with such requests being limited to emergencies where due to call volumes, mutual aid is needed, (2) the issuance of an emergency order has been issued by the Governor of the State of Florida declaring or extending a state of emergency for a natural disaster or public health emergency that includes Collier County, (3) the occurrence of an active shooting incident in Collier County as determined by the Collier County Sheriff’s Office, (4) the occurrence of an injury to a firefighter, paramedic, or law enforcement officer that results in the need for the immediate transport, or (5) the occurrence of a mass casualty as defined by the Collier County Fire Chiefs Mass Casualty Incident Guidelines in Collier County. 2. A Class 4 Operator does not have the authority to provide inter-facility transport services unless there is a (1) the issuance of an emergency order has been issued by the Governor of the State of Florida declaring or extending a state of emergency for a natural disaster or public health emergency that includes Collier County, (2) the occurrence of an active shooting incident in Collier County as determined by the Collier County Sheriff’s Office, or (3) the occurrence of a mass casualty as defined by the Collier County Fire Chiefs Mass Casualty Incident Guidelines in Collier County. 3. The medical director for a Class 4 certificate holder shall work cooperatively with Class 1 Operators to ensure continuity of care. The medical director for a Class 4 certificate holder shall not delegate or relinquish any responsibilities identified in F.S. § 401.265, and associated Florida Administrative Code rules. The medical director for a Class 4 certificate holder, unless as provided for in Section 50-77, shall actively participate in the Collier Regional Medical Directors Coalition and must implement the Countywide Medical Protocols developed in accordance with Section 50-77 to ensure continuity of care. 4. Only governmental entities may be Class 4 certificate holders. To qualify for a Class 4 certificate, the Operator must also have a Class 3 certificate. An Operator may be issued multiple certificates for different classes of service. (Ord. No. 04-12, § 12; Ord. No. 2011-36, § 7; Ord. No. 2012-04, § 1; Ord. No. 2019-38 , § 2; Ord. No. 2024-xx, § x) Sec. 50-63. Transfer or assignment of certificates. No certificate issued under this article shall be assignable or transferable by the person to whom issued except unless approval is obtained from the board in the same manner and subject to the same application, investigation, fees and public hearing as original applications for certificates. Any majority transfer of shares or stock or interest of any person or Operator so as to cause a change in the directors, officers, majority stockholders or managers of such person or Operator shall be deemed a transfer or assignment as contemplated in this article and subject to the same rules and regulations as any other transfer or assignment. (Ord. No. 04-12, § 13; Ord. No. 2024-xx, § x) Sec. 50-64. Revocation, alteration or suspension grounds. (a) Every certificate issued under this article shall be subject to revocation, alteration and/or suspension of operation, by the board, for a period of up to one year, where it shall appear that: (1) The Operator has failed or neglected for a period of thirty (30) days during any calendar year to render all services authorized by the certificate. 16.F.2.b Packet Pg. 1672 Attachment: ARTICLE_III.___MEDICAL_TRANSPORTATION_SERVICES municode updated 3-5-24 revised by ljd flattened (28827 : ORDINANCE Created: 2024-03-06 09:38:54 [EST] (Supp. No. 113) Page 9 of 14 (2) The Operator has been convicted of a felony or any criminal offense involving moral turpitude. (3) The certificate was obtained by an application in which any material fact was omitted or falsely stated. (4) The Operator has knowingly permitted any of its motor vehicles to be operated in violation the laws which result in conviction of the driver or Operator of a misdemeanor in the second degree or greater, or has knowingly permitted a driver with more than two (2) previous convictions to operate emergency vehicles. (5) The Operator has failed to comply with any of the provisions of this article. (6) The public interest will best be served by revocation, alteration, or suspension of any certificate upon good cause shown. (7) The Operator or its agent has demanded money or compensation other that established and prescribed under this article (if applicable). (8) The Operator has without sufficient justification failed or refused to furnish emergency care and/or transportation promptly for a sick or injured person. (9) The Operator or its agent has been found guilty of malpractice or willful and wanton misconduct in the operation of its service. (b) All complaints shall be investigated and a report thereon made to the board, together with findings and recommendations, within fifteen (15) days. If revocation, suspension or alteration of any certificate appears warranted, the board shall give notice to the Operator holding the certificate that the same will be considered at a specific commission meeting, provided the date of such meeting shall not be less than five days from the date of the notice. The board shall thereupon consider the complaint and either revoke, suspend or alter the certificate or dismiss the complaint. (Ord. No. 04-12, § 14; Ord. No. 2024-xx, § x) Sec. 50-65. General operating regulations. All Operators and drivers shall comply with all state statutes and administrative regulations as following regulations: (1) Twenty-four Hour Service. Every Operator shall be required to operate sufficient ambulances, if applicable, or relevant apparatus, as stated on the vehicle permit issued by the State Department of Health, Bureau of Emergency Medical Services on immediate call at all times. Notwithstanding, an Operator that is a Class 1 certificate holder may provide less than twenty-four (24) hour services based on the information provided to Collier County in accordance with Section 50-59. (2) Prompt Service Required. Every call for service shall be answered promptly and in line with medical necessity. Patients shall be appropriately assessed, treated, packaged, loaded and transported by an Operator that is licensed to transport without being subject to unreasonable delays. All calls for emergency assistance requiring over twenty (20) minutes from time of notification to arrival on scene shall be reported to the Administrator with complete documentation of the circumstances, which delayed the response. Those instances where more than three (3) minutes elapse between receipt of an emergency call and dispatch of an emergency vehicle shall also be reported to the Administrator with documentation of circumstances. (3) Bed Linens. Every Operator transporting patients shall provide clean and sanitary bed linens for each patient carried which shall be changed as soon as practicable after the discharge of the patient. (4) Daily Log. Every Operator transporting patients shall maintain in a daily log upon which shall be recorded the place or origin, time of call, time of dispatch, time of arrival at scene, time left for 16.F.2.b Packet Pg. 1673 Attachment: ARTICLE_III.___MEDICAL_TRANSPORTATION_SERVICES municode updated 3-5-24 revised by ljd flattened (28827 : ORDINANCE Created: 2024-03-06 09:38:54 [EST] (Supp. No. 113) Page 10 of 14 hospital, time of arrival at hospital, and charges for each trip made and such other operating and patient information as may be required by Ordinance. Every Operator shall retain and preserve all daily logs for at least two (2) years, and such logs shall be available for inspection by the Administrator recognizing that information that is protected by the Health Insurance Portability and Accountability Act (HIPAA) and Florida Information Protection Act (FIPA), as amended, may not be disclosed to the Administrator unless an agreement addressing HIPAA and FIPA has been executed between the certificate holder and the County. (5) Communications. Each emergency vehicle shall maintain two-way radio communication with the location of primary dispatch from which it operates, as well as any additional communication capabilities required by Ordinance or state law. (6) Vehicles and Equipment. Each Operator's vehicles shall be equipped with the proper medical and emergency equipment as jointly agreed to by the Collier Regional Medical Directors Coalition and in accordance with the laws of the State of Florida. (7) Certification. All Operators shall certify its paramedics pursuant to F.S. § 401.265, and Chapter 64J-2.004(4)(a), Florida Administrative Code. The credentialing and recredentialing process developed by the Collier Regional Medical Directors Coalition shall be implemented by all Class 1, 3, and 4 certificate holders, and such certificate holders shall ensure that the credentialing and recredentialing process is incorporated into their respective collective bargaining agreements. (8) Application. Each ambulance or ALS service shall be subject to those rules and regulations as promulgated by Ordinances of the Board for the purpose of carrying out this ordinance. (9) For Class 1, 3, and 4 certificate holders, each certificate holder must implement the Countywide Medical Protocols developed in accordance with Section 50-77 to ensure continuity of care. (Ord. No. 04-12, § 15; Ord. No. 2011-36, § 8; Ord. No. 2012-04, § 2; Ord. No. 2024-xx, § x) Sec. 50-66. Place of business. Within ninety (90) days of a license being issued by the State Department of Health, each Operator shall maintain a place of business which shall be entirely within the designated operating zone, at which place the Operator shall provide communication with its vehicles, the Collier County Emergency Medical Services Department, and its place of business, a properly listed telephone for receiving all calls for service and at which place of business the Operator 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 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. (Ord. No. 04-12, § 16, Ord. No. 2012-04, § 3; Ord. No. 2024-xx, § x) Sec. 50-67. Records to be kept. Every Operator that is a non-governmental entity shall keep accurate records of receipts from operations, operating and other expenses, capital expenditure and such other operating and patient information as may be required by the Board. Every Operator that is a governmental entity shall keep accurate records of receipts from operations, operating and other expenses, capital expenditure and such other operating and patient information as may be required by Florida Statutes. (Ord. No. 04-12, § 17; Ord. No. 2024-xx, § x) 16.F.2.b Packet Pg. 1674 Attachment: ARTICLE_III.___MEDICAL_TRANSPORTATION_SERVICES municode updated 3-5-24 revised by ljd flattened (28827 : ORDINANCE Created: 2024-03-06 09:38:54 [EST] (Supp. No. 113) Page 11 of 14 Sec. 50-68. Rates. Every Operator shall file with the Board a schedule of the rates. Such rates shall be filed as a part of each new or renewal application, and a rate schedule shall also be filed when changes in rates are proposed. All such rates shall be subject to review and approval by the Board, unless such rates are those that are set and implemented by the Federal Government. (Ord. No. 04-12, § 18; Ord. No. 2024-xx, § x) Sec. 50-69. Operator's insurance requirements for non-governmental entities. Every ambulance operator that is not a governmental entity shall carry bodily injury and property damage insurance with solvent and responsible insurers authorized to transact business in the State of Florida to secure payment for any loss or damage resulting from any occurrence arising out of or caused by the operation or use of any of the Operator’s motor vehicles. Each vehicle shall be insured for the sum of at least $100,000.00 for injuries to or death of any one person arising out of any one accident and the sum of at least $300,000.00 for injuries to or death or more than one person in any one accident and for the sum of at least $50,000.00 for damage to property arising from any one accident. They shall also have malpractice insurance. Every insurance policy or contract for such insurance shall provide for the payment and satisfaction of any financial judgment entered against the Operator and present insured or any person driving the insured vehicle. Such insurance shall be obtained and certificates or certified copies of such policies shall be filed with the board. All such insurance policies, certificates thereof or certified copies of such insurance policies shall provide for a 30-day cancellation notice to the Board. (Ord. No. 04-12, § 19; Ord. No. 2024-xx, § x) Sec. 50-70. Conduct of drivers and attendants. All drivers, EMT's and paramedics shall comply with the laws of the State of Florida, in order to meet the requirements set out in this Ordinance and no driver, EMT or paramedic registered hereunder shall: (1) Fail or refuse to promptly transport, if applicable, or attend any sick or injured person after responding to a call. (2) Demand or receive compensation other that established and approved in accordance with this article or fail to give a receipt for moneys received (if applicable). (3) Give or allow rebate, commission, discount or any reduced rate not provided in the established rate (if applicable). (4) At any time induce or seek to induce any person engaging an ambulance or ALS service to patronize or retain the services of any hospital, convalescent home, mortuary, cemetery, attorney, accident investigator, nurse, medical doctor or other service occupation or profession. (5) At any time release patient from the Operator’s care until there is assurance that some responsible person is available to receive such patient. (6) Disobey the lawful orders of the law enforcement officer at the scene of an accident, or other similar such emergency or at a fire scene, the fire officer in charge. (Ord. No. 04-12, § 20; Ord. No. 2011-36, § 9; Ord. No. 2024-xx, § x) 16.F.2.b Packet Pg. 1675 Attachment: ARTICLE_III.___MEDICAL_TRANSPORTATION_SERVICES municode updated 3-5-24 revised by ljd flattened (28827 : ORDINANCE Created: 2024-03-06 09:38:54 [EST] (Supp. No. 113) Page 12 of 14 Sec. 50-71. Passengers. No person shall be aboard ambulances when engaged in emergency or routine calls except the following: (1) Driver, attendants and fire or law enforcement personnel; (2) Patients; (3) Relatives or close friends of the patient when authorized by the Operator of the ambulance; (4) Physicians and nurses; (5) Personnel in an observing capacity that are being trained for ambulance or ALS service; or (6) Operator's supervisory personnel. (Ord. No. 04-12, § 21; Ord. No. 2011-36, § 10; Ord. No. 2024-xx, § x) Sec. 50-72. Obedience to traffic laws, ordinances or regulations. (a) Under the provisions of Florida State law, the driver of an ambulance or ALS vehicle when responding to an emergency call or while transporting a patient disregard laws, ordinances or regulations governing direction or movement or turning in specified directions so long as he does not endanger life or property when the driver has reasonable grounds to believe that an emergency in fact exists requiring the disregard of such laws. (b) The exemption herein granted shall apply only when such vehicle is making use of audible and/or visible signals meeting the requirements of this article. (c) The foregoing provisions shall not relieve the driver of a vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his or her reckless disregard for the safety of others. (Ord. No. 04-12, § 22; Ord. No. 2011-36, § 11) Sec. 50-73. Violations. In addition to the remedies provided herein, a violation of any provision of this article shall be punishable as provided by law for the violation of county ordinances. (Ord. No. 04-12, § 23) Sec. 50-74. Uniformity of application. The article shall constitute a uniform law applicable in all of Collier County. (Ord. No. 04-12, § 24) Sec. 50-75. Authority to enforce. It is hereby declared to be the duty of the Board, its officers, agents, employees and other governmental agencies, the sheriff's department of Collier County, its deputies and agents, fire departments, as well as the police departments of the various municipalities falling under the provisions of this article to strictly enforce the provisions of this article. 16.F.2.b Packet Pg. 1676 Attachment: ARTICLE_III.___MEDICAL_TRANSPORTATION_SERVICES municode updated 3-5-24 revised by ljd flattened (28827 : ORDINANCE Created: 2024-03-06 09:38:54 [EST] (Supp. No. 113) Page 13 of 14 (Ord. No. 04-12, § 25; Ord. No. 2024-xx, § x) Sec. 50-76. – Appeal. (a) All decisions rendered by the Administrator or the Board shall be appealable by requesting a hearing before a hearing officer. (1) The hearing shall be requested within fifteen (15) business days of the date of the decision to be challenged. (2) A hearing date shall not be postponed or continued unless a request for continuance is received in writing by the hearing officer at least ten (10) business days prior to the date set for the hearing. No additional continuances shall be granted without concurrence of the Administrator. (3) The fact-finding determination of the hearing officer shall be limited to whether the alleged violation occurred or whether competent, substantial evidence supports the Administrator’s or Board’s decision. Based upon this fact-finding determination, the hearing officer shall either affirm or reverse the decision of the Administrator or Board. If the hearing officer affirms the decision of the Administrator or Board, the named party shall have fifteen (15) calendar days from the date of the decision of the hearing officer to comply with the decision of the Administrator or Board unless some other period is agreed to by the County. (b) All decisions rendered by the Board or a hearing officer shall be appealable as permitted by Florida law, and shall be considered quasi-judicial decisions. (Ord. No. 2024-xx, § x) Sec. 50-77. – Collier Regional Medical Directors Coalition. The continuity of care for patients of emergency medical services within the County is imperative for the safety of citizens and visitors in Collier County. As a result, the implementation of Countywide Medical Protocols is required by Class 1, Class 3, and Class 4 certificate holders. (1) There is hereby created the Collier Regional Medical Directors Coalition (hereinafter the "MD Board"), whose purpose is to ensure that the rendering of on scene prehospital emergency medical services within the County is cooperative and seamless between Operators. (2) The members of the MD Board consists of the medical director for each Class 1 and 3 Operator, with each Operator having a single medical director as a member, the Chair of Emergency Medicine, or the Chair of Emergency Medicine’s physician designee, from each hospital system that is operating within Collier County, and the Chair of Emergency Medicine, or the Chair of Emergency Medicine’s physician designee from the regional trauma center in Lee County. (3) The purpose of the MD Board is to develop medical protocols that will be implemented as Countywide Medical Protocols as well as to develop a credentialing and recredentialing standards for EMTs and paramedics of Class 1, 3, and 4 Operators. The MD Board will also make recommendations for equipment, supplies, medications to fulfill medical protocols, including changes related to equipment/medication shortages. (4) Any Operator’s Medical Director, or the Operator’s Medical Director’s physician designee, may propose a medical protocol for consideration to be implemented as a Countywide Medical Protocol. The medical 16.F.2.b Packet Pg. 1677 Attachment: ARTICLE_III.___MEDICAL_TRANSPORTATION_SERVICES municode updated 3-5-24 revised by ljd flattened (28827 : ORDINANCE Created: 2024-03-06 09:38:54 [EST] (Supp. No. 113) Page 14 of 14 protocol shall be deemed a Countywide Medical Protocol upon a majority approval of the MD Board members. (5) Operators’ Medical Directors have an equal vote on the board and a Medical Director may not represent more than one (1) Operator on the MD Board at any given time. The hospital-based Emergency Medicine chairs are non-voting members. (6) The County’s Medical Director shall serve as the initial Chair of the MD Board and shall serve a one (1) year term as Chair. (7) The MD Board shall be staffed by the Operator that is represented by the Chair. (8) Robert’s Rules of Order shall be applicable to board meetings and F.S. Ch. 286 is not applicable. The MD Board shall adopt by-laws for doing its work and conducting its business, including but not limited to quorum, voting on non-protocol related issues, the election and term of the Chair, the appointment of members by Operators when they share a medical director to ensure each Operator has representation on the MD Board, and how new or modified protocols are implemented to ensure appropriate training. (9) The MD Board will designate appropriate working committees and the leadership and responsibilities of those committees. Working committees may include non-MD Board members. (10) The MD Board may coordinate with other boards or organizations such as the Lee County Medical Control Board and the Collier County EMS Council. (11) The MD Board will conduct quality reviews that are protected by Peer Review statutes and standards in place in Florida for such activities. Each member of the MD Board must agree to comply with Health Insurance Portability and Accountability Act (HIPAA) and Florida Information Protection Act (FIPA) requirements, as amended. Protected health information may not be disclosed to a MD Board member unless an agreement addressing HIPAA and FIPA has been executed between the certificate holder and MD Board member. (Ord. No. 2024-xx, § x) Secs. 50-78—50-100. Reserved. 16.F.2.b Packet Pg. 1678 Attachment: ARTICLE_III.___MEDICAL_TRANSPORTATION_SERVICES municode updated 3-5-24 revised by ljd flattened (28827 : ORDINANCE 1 ORDINANCE NO. 24 - ______ 1 2 3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 4 COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 81-75, AS 5 AMENDED, IN ORDER TO ADOPT UPDATED UNIFORM STANDARDS FOR 6 AMBULANCE OR ADVANCED LIFE SUPPORT SERVICES, INCLUDING THE 7 ISSUANCE OF CERTIFICATES OF PUBLIC CONVENIENCE AND 8 NECESSITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND 9 ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 13 WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to 14 provide for the health, welfare and safety of their citizens by enacting regulations necessary for 15 the protection of the public, including ambulance services; and 16 17 WHEREAS, the Collier County Board of County Commissioners (Board) desires to make 18 available to its citizens safe, professional emergency health care transportation and non-19 transportation services for emergency pre-hospital responses and the transfer of patients between 20 and among local medical facilities; and 21 22 WHEREAS, the Board had previously adopted Ordinance No. 81-75, which was 23 subsequently amended by Ordinance Nos. 82-92, 82-102, 04-12, 05-16, 11-36, 12-04, and 19-38, 24 and which are currently codified as Chapter 50, Article III of the Code of Laws and Ordinances of 25 Collier County, Florida, to establish uniform standards for certification and operation of 26 ambulance or advanced life support services in Collier County, including the issuance of 27 certificates of public convenience and necessity; and 28 29 WHEREAS, the Board desires to repeal and replace Ordinance No. 81-75 and all 30 subsequent amendments, with the updated standards and policies set forth in this Ordinance. 31 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 34 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 35 36 37 SECTION 1: Purpose. 38 39 This Ordinance is adopted pursuant to Chapters 125 and 401, Florida Statutes. The purpose 40 of this Ordinance is to provide better protection for the health, safety and welfare of the residents 41 of Collier County, in ambulance and ALS matters, by establishing uniform county-wide standards 42 for certification of ambulance or advanced life support or services, or operations by promulgating 43 complete and clear rules and regulations for operation of all ambulance or rescue companies or 44 services in Collier County. 45 46 16.F.2.c Packet Pg. 1679 Attachment: line numbered version - Ordinance Medical Transport Services (CoPCN) - 4.16.24 (28827 : ORDINANCE MEDICAL TRANSPORT 2 47 SECTION 2: Definitions. 48 49 The following words, terms and phrases, when used in this Ordinance, shall have the 50 meanings ascribed to them in this section, except where the context clearly indicates a different 51 meaning: 52 Administrator shall mean the County Manager, or his or her designee. 53 Advanced Life Support (ALS) shall mean procedures conducted as defined in applicable 54 Florida Statutes and Florida Administrative Code. The provision of ALS services may include 55 ambulance service or ALS non-transport services. 56 Advanced Life Support Non-Transport (ALS non-transport) shall mean the provision of ALS 57 services in an emergency by a licensee until the arrival of an air ambulance or an ambulance which 58 is used for, or intended to be used for, land, air, or water transportation of sick or injured persons 59 requiring or likely to require medical attention during transport. 60 Ambulance means any privately or publicly owned land, air, or water vehicle that is designed, 61 constructed, reconstructed, maintained, equipped or operated, and is used for or intended to be 62 used for air, land, or water transportation of persons who are sick, injured, or otherwise helpless. 63 Basic Life Support (BLS) means the assessment of treatment by a person qualified under 64 Florida Statute and Florida Administrative Code in the use of techniques described in the EMT-65 Basic National Standard Curriculum or the National EMS Education Standards of the United States 66 Department of Transportation and approved by the Department of Health. 67 Board shall mean the Collier County Board of County Commissioners. 68 Certificate means a certificate of public convenience and necessity as authorized in Chapter 69 401.25(2)(d), Florida Statutes. 70 Countywide Medical Protocols means the medically correct standing orders or protocols that 71 permit specified ALS and BLS procedures when communication cannot be established with an 72 Operator’s medical director or when any delay in patient care would potentially threaten the life 73 or health of the patient, which all Class 1, 3, and 4 certificate holders’ emergency medical service 74 professionals, such as paramedics and emergency medical technicians (EMTs), must follow for 75 patient assessment, treatment, transportation, and delivery to definitive care. Countywide Medical 76 Protocols must be approved by the Collier Regional Medical Directors Coalition in accordance 77 with this Ordinance. An Operator’s medical director may elect not to have its emergency medical 78 service professionals carry all medicines or perform all procedures required by a Countywide 79 Medical Protocol but such medical director shall ensure that its emergency medical service 80 professionals are fully trained on the entire protocol. 81 Emergency Call shall mean the transit of an ambulance under conditions which warrants 82 travel with flashing lights and siren operating. 83 Governmental Entity shall mean Collier County, a municipality, or an independent special 84 fire control and rescue district within Collier County. 85 Non-governmental Entity shall mean any person, organization, firm, agency, or entity 86 including, but not limited to, a corporation, partnership, limited liability company, or sole 87 proprietorship that is not affiliated, through ownership or control, with a governmental entity. 88 16.F.2.c Packet Pg. 1680 Attachment: line numbered version - Ordinance Medical Transport Services (CoPCN) - 4.16.24 (28827 : ORDINANCE MEDICAL TRANSPORT 3 Operator shall mean any non-governmental entity or governmental entity providing 89 ambulance or ALS non-transport services. 90 Patient shall mean an individual who is ill, sick, injured, wounded, or otherwise incapacitated 91 or helpless. 92 Rescue Service (Non-ALS) shall mean first response treatment of patients but does not include 93 ALS or transport. 94 Routine Call or Routine Transfer shall mean the transportation of a patient under non-95 emergency call conditions. 96 97 98 SECTION 3: Requirement for Certificate. 99 100 It shall be unlawful for any non-governmental entity or governmental entity to provide an 101 ambulance service or ALS services or interfacility transport services without first obtaining a 102 certificate therefore from the Board or the Administrator, as provided by this Ordinance. 103 104 SECTION 4: Exemptions and Exclusions from Certificate Requirement. 105 106 Certificates shall not be required for: 107 108 A. Rescue Services (Non-ALS). 109 110 B. The use of a non-ambulance for any transport of a patient pursuant to the Good Samaritan 111 Act, Chapter 768.13, Florida Statutes. 112 113 C. Vehicles rendering ambulance-type services when requested to do so by the Board or 114 Administrator in the event of a major catastrophe or other such emergency which requires 115 more ambulances than are available in the county. 116 117 D. Ambulances based outside the county which pick up a patient in the county and transport 118 the patient out of the county, or which pick up a patient out of the county and transport the 119 patient into the county. 120 121 E. Vehicles used to transport persons for routine scheduled medical treatments. Vehicles 122 transporting persons who require services en route are not covered by this exemption. 123 124 125 SECTION 5: Procedure for Obtaining Certificate. 126 127 128 A. Non-governmental entities applying for any classification of certificate shall provide the 129 Administrator with the following information in order for a request for a certificate to be 130 considered. Each request shall contain: 131 16.F.2.c Packet Pg. 1681 Attachment: line numbered version - Ordinance Medical Transport Services (CoPCN) - 4.16.24 (28827 : ORDINANCE MEDICAL TRANSPORT 4 1. The name, age, and address of the owner of the ambulance or ALS Operator, or if 132 the owner is a corporation, then of the directors of the corporation and of all the 133 stockholders holding more than 25% of the outstanding shares. 134 2. The boundaries of the territory desired to be served (also known as a zone). 135 3. The number and brief description of the ambulances or other vehicles the applicant 136 will have available. 137 4. The address of the intended headquarters and any substations. 138 5. The training and experience of the applicant. 139 6. The names and addresses of three Collier County residents who will act as 140 references for the applicant. 141 7. A schedule of rates which the service intends to charge. 142 8. Such other pertinent information as the Administrator may require. 143 9. An application or renewal fee of two hundred fifty dollars ($250.00). 144 10. Financial data including assets and liabilities of the Operator. A schedule of all 145 debts encumbering any equipment shall be included. 146 147 B. Governmental entities applying for a Class 1, Class 3, and/or Class 4 certificate shall 148 provide the Administrator with the following information in order for a request for a 149 certificate to be granted. Each request shall contain: 150 151 1. The name of the governmental entity. 152 153 2. (a) The boundaries of the territory to be served by a Class 1 or Class 3 Operator 154 that is a governmental entity includes the governmental entity’s jurisdiction and 155 any areas in which the governmental entity has an automatic aid or mutual aid 156 agreement for fire and emergency medical services or in accordance with a closest 157 unit response agreement. If an applicant submits an application that does not 158 include the same number of Collier County EMS ambulances that were previously 159 stationed within the governmental entity’s boundaries at the time of its Class 1 160 certificate application (“Prior Coverage”), a statement that the Class 1 Operator 161 recognizes that Collier County EMS may continue to provide transport services 162 within its territory and, to avoid the disruption of transport services to the public, 163 the governmental entity will coordinate with Collier County EMS related to 164 ambulance coverage within its boundaries until such time as the governmental 165 entity activates the same Prior Coverage. 166 167 (b) If a governmental entity’s ability to provide service under a Class 4 certificate 168 is activated in accordance with this Ordinance, the Operator is authorized to provide 169 fire, rescue, and emergency medical services countywide if the Operator has the 170 closest or most appropriate unit that is able to provide the response. 171 172 16.F.2.c Packet Pg. 1682 Attachment: line numbered version - Ordinance Medical Transport Services (CoPCN) - 4.16.24 (28827 : ORDINANCE MEDICAL TRANSPORT 5 3. A certification by the Fire Chief or applicable administrator of the governmental 173 entity that the governmental entity has the ability to obtain all licenses and 174 certificates as may be required by Chapter 401, Florida Statutes. 175 176 4. The governmental entity’s annual report or its last fiscal audit submitted to the 177 Florida Auditor General. 178 179 5. A schedule of rates which the service intends to charge, if applicable. The schedule 180 of rates may be a statement that such rates are the rates as set by the Federal 181 Government. 182 183 6. The number of vehicles that the applicant will permit under its state license for 184 ambulances and ALS non-transport vehicles, as applicable. 185 186 No application or renewal fee shall be required for any applicant that is a governmental 187 entity applying for a Class 1, Class 3 or Class 4 certificate. An applicant may apply for 188 multiple certificates simultaneously. 189 190 191 SECTION 6: Review of Application. 192 193 A. For all applicants that are non-governmental entities, the Administrator shall review each 194 application and shall investigate the applicant's reputation, competence, financial 195 responsibility, and any other relevant factors. The Administrator shall also make an 196 investigation as to the public necessity for an ambulance or ALS operation in the territory 197 requested, and shall then make a report to the Board containing his or her recommendation 198 whether to grant a certificate to the applicant within sixty (60) days of the time the 199 Administrator determines the application is complete. 200 201 B. Notwithstanding any other ordinance or provision, no administrative review or review by 202 the Board, a county-appointed board, entity, or commission shall be required for any 203 applicant that is a governmental entity applying for a Class 1, Class 3, and/or Class 4 204 certificate. Upon submission of an application that includes the information required by 205 this Ordinance, the Administrator shall administratively approve the application and shall 206 issue the requested certificate or certificates to the governmental entity within sixty (60) 207 days of the application submission. 208 209 210 SECTION 7: Requirement for Board Approval in Granting Certificate. 211 212 The Board shall not grant a certificate to a non-governmental entity unless it shall find, 213 after public hearing and based on competent evidence that each of the following standards has 214 been satisfied: 215 216 A. That there is a public necessity for the service. In making such determination, the Board 217 shall consider, as a minimum, the following factors: 218 219 16.F.2.c Packet Pg. 1683 Attachment: line numbered version - Ordinance Medical Transport Services (CoPCN) - 4.16.24 (28827 : ORDINANCE MEDICAL TRANSPORT 6 1. The extent to which the proposed service is needed to improve the overall 220 emergency medical services (EMS) capabilities of Collier County. 221 222 2. The effect of the proposed service on existing services with respect to quality of 223 service and cost of service. 224 225 3. The effect of the proposed service on the overall cost of EMS service in the County. 226 227 4. The effect of the proposed service on existing hospitals and other health care 228 facilities. 229 230 5. The effect of the proposed service on personnel of existing services and the 231 availability of sufficient qualified personnel in the local area to adequately staff all 232 existing services. 233 234 B. That the applicant has sufficient knowledge and experience to properly operate the 235 proposed service. 236 237 C. That, if applicable, there is an adequate revenue base for the proposed service. 238 239 D. That the proposed service will have sufficient personnel and equipment to adequately cover 240 the proposed service area. 241 242 243 SECTION 8: Appointment of Hearing Officer; Appeals. 244 245 A. In making the determinations provided for in Section 7 above, the Board may, in its sole 246 discretion, appoint a Hearing Officer to hold a public hearing and to make factual findings 247 and conclusions as a result of the hearing. Should a Hearing Officer be appointed, said 248 hearing officer shall render a written report to the Board within thirty (30) days of the 249 hearing, which report shall contain the officer's findings and conclusions of fact, and a 250 recommended order. The findings and conclusions of fact shall be binding upon the Board, 251 but the recommended order shall be advisory only. 252 253 B. All decisions rendered by the Administrator or the Board shall be appealable by requesting 254 a hearing before a Hearing Officer. 255 256 1. The hearing shall be requested within fifteen (15) business days of the date of the 257 decision to be challenged. 258 259 2. A hearing date shall not be postponed or continued unless a request for continuance 260 is received in writing by the Hearing Officer at least ten (10) business days prior to 261 the date set for the hearing. No additional continuances shall be granted without 262 concurrence of the Administrator. 263 264 16.F.2.c Packet Pg. 1684 Attachment: line numbered version - Ordinance Medical Transport Services (CoPCN) - 4.16.24 (28827 : ORDINANCE MEDICAL TRANSPORT 7 3. The fact-finding determination of the Hearing Officer shall be limited to whether 265 the alleged violation occurred or whether competent, substantial evidence supports 266 the Administrator’s or Board’s decision. Based upon this fact-finding 267 determination, the Hearing Officer shall either affirm or reverse the decision of the 268 Administrator or Board. If the Hearing Officer affirms the decision of the 269 Administrator or Board, the named party shall have fifteen (15) calendar days from 270 the date of the decision of the Hearing Officer to comply with the decision of the 271 Administrator or Board unless some other period is agreed to by the County. 272 273 C. All decisions rendered by the Hearing Officer shall be appealable to the Board of County 274 Commissioners, and all decisions rendered by the Board shall be appealable as permitted 275 by Florida law, and shall be considered quasi-judicial decisions. 276 277 278 SECTION 9: Rights and Duties Granted by Certificate. 279 280 A. The certificate granted by the Board to a non-governmental entity shall be valid for one (1) 281 calendar year and shall be personal to the applicant and not transferable. In the case of a 282 corporation, if there occurs such a transfer of stock or other incidents of ownership as to 283 change the majority or largest stockholder, a new certificate must be applied for. Changes 284 in the officers of the corporation will not require a new certificate. The certificate granted 285 by the Administrator to a governmental entity shall remain valid until such time as the 286 governmental entity provides one (1) year notice to the Administrator that it will no longer 287 be providing ALS services. Notwithstanding, a certificate issued to a governmental entity 288 may be revoked in accordance with this Ordinance. 289 290 B. A Class 1 and Class 3 certificate holder may increase the number of vehicles providing 291 services upon notifying Collier County within five (5) business days of additional State 292 vehicle permits, including whether such vehicle is an ambulance or providing ALS non-293 transport services (as applicable). Nothing in this Ordinance shall supersede any State 294 administrative rule that allows a vehicle to provide BLS services. 295 296 C. Acceptance of the certificate by the applicant shall obligate the applicant to: 297 298 1. Service the entire zone granted to the applicant or the area provided in this 299 Ordinance for Class 1, Class 3, and Class 4 certificate holders. 300 301 2. Provide coverage to adjoining zones, if available, when requested to do so by 302 emergency dispatch for emergency calls when the certificate holder for that zone is 303 unable to respond. A Class 4 certificate holder is authorized to provide fire, rescue, 304 and emergency medical services countywide if activated in accordance with this 305 Ordinance. 306 307 3. Keep posted at the Operator’s place of business a copy of the fee schedule, which 308 must be filed with the Administrator (if applicable). 309 310 16.F.2.c Packet Pg. 1685 Attachment: line numbered version - Ordinance Medical Transport Services (CoPCN) - 4.16.24 (28827 : ORDINANCE MEDICAL TRANSPORT 8 4. Operate in accordance with the rules and regulations adopted pursuant to this 311 Ordinance and any applicable County Ordinances, and Chapter 401, Florida 312 Statutes, and any administrative regulations adopted pursuant thereto. 313 314 5. Employ, at all times, sufficient personnel experienced in operation and 315 management of emergency medical services to ensure proper and efficient 316 operation. 317 318 6. Submission of a list of all vehicles permitted by the State Department of Health. 319 320 321 322 SECTION 10: Renewal of Certificate. 323 324 Each non-governmental entity certificate holder shall file within ninety (90) days of 325 expiration, an application for renewal of the certificate. Renewals shall be based upon the same 326 standards, as the granting of the original certificate along with such other factors as may be 327 relevant. The renewal application shall be accompanied by a two hundred fifty dollars ($250.00) 328 renewal fee. 329 330 If the initial certificate was issued under this Ordinance, the renewal certificate may be 331 approved routinely by the Board, upon advice of the Administrator, or the Board may hold a 332 hearing on same. 333 334 335 336 SECTION 11: Emergency Provisions. 337 338 The Board may modify, suspend or revoke a certificate in the interest of the public health, 339 safety and welfare, only at public hearing and after reasonable notice has been given to the 340 certificate holder affected. However, if a situation exists which poses a serious threat that the 341 Operator will not be available in any certain area of Collier County, the Administrator shall have 342 such temporary emergency powers as are necessary to provide that service. These temporary 343 powers are intended to provide interim protection until such time as the Board meets to resolve the 344 emergency. 345 346 347 SECTION 12: Classifications of certificates. 348 349 To fulfill ongoing needs for emergency medical services in Collier County, as it grows and 350 responds to service needs, there shall be four (4) classifications of service in Collier County, as 351 follows: 352 353 354 A. Class 1: Primary ALS Transport: ALS Rescue. 355 356 16.F.2.c Packet Pg. 1686 Attachment: line numbered version - Ordinance Medical Transport Services (CoPCN) - 4.16.24 (28827 : ORDINANCE MEDICAL TRANSPORT 9 1. An Operator with the capability of rendering on the scene prehospital ALS services 357 with transport capability and who may or may not elect to transport patients based 358 on medical necessity. An Operator rendering this level of service for a 359 governmental entity shall be deemed to be operating under the Class 1 – ALS rescue 360 certificate of public convenience and necessity held by the governmental entity. An 361 Operator holding a Class 1 – ALS rescue certificate may provide post-hospital 362 interfacility medical transfer services and routine ALS and BLS calls within the 363 County. A certificate of public convenience and necessity must be obtained from 364 the County before engaging in this level of medical service. 365 An Operator with a Class 1 – ALS rescue certificate may provide both ambulances 366 and ALS non-transport services based on the information provided to Collier 367 County in accordance with this Ordinance. 368 An Operator with a Class 1 certificate is authorized to have its ALS non-transport 369 vehicles provide transport on a limited basis upon (1) the issuance of an emergency 370 order has been issued by the Governor of the State of Florida declaring or extending 371 a state of emergency for a natural disaster or public health emergency that includes 372 Collier County, (2) the occurrence of an active shooting incident in Collier County 373 as determined by the Collier County Sheriff’s Office, (3) the occurrence of an injury 374 to a firefighter, paramedic, or law enforcement officer that results in the need for 375 the immediate transport, or (4) the occurrence of a mass casualty as defined by the 376 Collier County Fire Chiefs Mass Casualty Incident Guidelines in Collier County. 377 A Class 1 certificate holder may also temporarily add additional ambulances based 378 on special events within its boundaries. 379 2. The medical director for a Class 1 certificate holder shall not delegate or relinquish 380 any responsibilities identified in Chapter 401.265, Florida Statutes, and associated 381 Florida Administrative Code rules. The medical director for a Class 1 certificate 382 holder shall actively participate in the Collier Regional Medical Directors Coalition 383 and must implement the Countywide Medical Protocols developed in accordance 384 with this Ordinance to ensure continuity of care. 385 3. Only governmental entities may be Class 1 certificate holders. 386 387 388 B. Class 2: Inter-Facility Transport Services: BLS or ALS Transfer. 389 390 An Operator who provides post-hospital inter-facility medical transfer services, both 391 within and outside the County. If requested by the appropriate Class 1 – ALS Rescue Operator, 392 will provide emergency pre-hospital backup service. ALS transfer certificate holders may provide 393 post-hospital medical transfer services for routine and emergency ALS and BLS patients. Class 2 394 transfer certificate holders must either provide for their own medical director or contract with the 395 County Medical Director, and will operate under the protocols approved by the Class 2 Operator’s 396 Medical Director. If the Operator provides for its own medical director, that medical director shall 397 work cooperatively with the County's Office of the Medical Director to ensure continuity of care. 398 Class 2 Operators shall comply with all guidelines and policies approved by the Board of County 399 Commissioners, and shall notify and work with all hospitals and facilities to educate them as to 400 16.F.2.c Packet Pg. 1687 Attachment: line numbered version - Ordinance Medical Transport Services (CoPCN) - 4.16.24 (28827 : ORDINANCE MEDICAL TRANSPORT 10 the services Operator provides. The County reserves the right to review and evaluate all calls made 401 by the Operator to ensure that the appropriate level of personnel, supplies, equipment and vehicles 402 are being utilized, as set forth in Florida Statute and Florida Administrative Code. 403 404 405 C. Class 3: ALS Non-Transport. 406 407 1. An Operator who renders ALS pre-hospital services without transport capability. 408 409 2. Class 3 certificate holders work in concert with applicable Class 1 Operators to 410 assure adequate and timely response to prehospital incidents with the intent to either 411 reduce applicable response times or otherwise augment the level of services as 412 requested by the associated Class 1 Operator. Class 3 certificate holders service will 413 improve patient outcomes, reduce time to initial assess to care, and improve 414 performance on quality measures as developed by state or national oversight 415 groups. If requested by a Class 1 Operator, each paramedic employed by a Class 3 416 certificate holder must accompany a patient on an Operator’s ALS transport from 417 scene to hospital when the paramedic for such Class 3 Operator initiates ALS 418 services on a patient prior to the Class 1 Operator transport arrival or if the patient's 419 condition requires that additional level of expertise. Unless an Operator possesses 420 a Class 1 – ALS Rescue certificate issued by the County, a certificate of public 421 convenience and necessity must be obtained from the County before engaging in 422 this level of medical service. 423 424 3. The medical director for a Class 3 Operator shall work cooperatively with the Class 425 1 Operators to ensure continuity of care. The medical director for a Class 3 426 certificate holder shall not delegate or relinquish any responsibilities identified in 427 Chapter 401.265, Florida Statutes, and associated Florida Administrative Code 428 rules. The medical director for a Class 3 certificate holder shall actively participate 429 in the Collier Regional Medical Directors Coalition and must implement the 430 Countywide Medical Protocols developed in accordance with this Ordinance to 431 ensure continuity of care. 432 433 4. Only governmental entities may be Class 3 certificate holders. 434 435 436 D. Class 4: Secondary ALS Transport 437 438 1. An Operator with the capability of rendering on the scene prehospital ALS services 439 with transport capability and who may or may not elect to transport patients based 440 on medical necessity. An Operator with a Class 4 certificate may only transport 441 upon: 442 443 a. the request of a Class 1 certificate holder, with such requests being limited 444 to emergencies where due to call volumes, mutual aid is needed; 445 446 16.F.2.c Packet Pg. 1688 Attachment: line numbered version - Ordinance Medical Transport Services (CoPCN) - 4.16.24 (28827 : ORDINANCE MEDICAL TRANSPORT 11 b. the issuance of an emergency order has been issued by the Governor of the 447 State of Florida declaring or extending a state of emergency for a natural 448 disaster or public health emergency that includes Collier County; 449 450 c. the occurrence of an active shooting incident in Collier County as 451 determined by the Collier County Sheriff’s Office; 452 453 d. the occurrence of an injury to a firefighter, paramedic, or law enforcement 454 officer that results in the need for the immediate transport; or 455 456 e. the occurrence of a mass casualty as defined by the Collier County Fire 457 Chiefs Mass Casualty Incident Guidelines in Collier County. 458 459 2. A Class 4 Operator does not have the authority to provide inter-facility transport 460 services unless there is: 461 462 a. the issuance of an emergency order has been issued by the Governor of the 463 State of Florida declaring or extending a state of emergency for a natural 464 disaster or public health emergency that includes Collier County; 465 466 b. the occurrence of an active shooting incident in Collier County as 467 determined by the Collier County Sheriff’s Office; or 468 469 c. the occurrence of a mass casualty as defined by the Collier County Fire 470 Chiefs Mass Casualty Incident Guidelines in Collier County. 471 472 473 3. The medical director for a Class 4 certificate holder shall work cooperatively with 474 Class 1 Operators to ensure continuity of care. The medical director for a Class 4 475 certificate holder shall not delegate or relinquish any responsibilities identified in 476 Chapter 401.265, Florida Statutes, and associated Florida Administrative Code 477 rules. The medical director for a Class 4 certificate holder shall actively participate 478 in the Collier Regional Medical Directors Coalition and must implement the 479 Countywide Medical Protocols developed in accordance with this Ordinance to 480 ensure continuity of care. 481 482 4. Only governmental entities may be Class 4 certificate holders. To qualify for a 483 Class 4 certificate, the Operator must also have a Class 3 certificate. 484 485 An Operator may be issued multiple certificates for different classes of service. 486 487 488 SECTION 13: Transfer or Assignment of Certificates. 489 490 No certificate issued under this Ordinance shall be assignable or transferable by the person to 491 whom issued unless approval is obtained from the Board in the same manner and subject to the 492 16.F.2.c Packet Pg. 1689 Attachment: line numbered version - Ordinance Medical Transport Services (CoPCN) - 4.16.24 (28827 : ORDINANCE MEDICAL TRANSPORT 12 same application, investigation, fees and public hearing as original applications for certificates. 493 Any majority transfer of shares or stock or interest of any person or Operator so as to cause a 494 change in the directors, officers, majority stockholders or managers of such person or Operator 495 shall be deemed a transfer or assignment as contemplated in this Ordinance and subject to the same 496 rules and regulations as any other transfer or assignment. 497 498 499 SECTION 14: Revocation, Alteration or Suspension Grounds. 500 501 A. Every certificate issued under this Ordinance shall be subject to revocation, alteration 502 and/or suspension of operation, by the Board, for a period of up to one year, where it shall 503 appear that: 504 505 1. The Operator has failed or neglected for a period of thirty (30) days during any 506 calendar year to render all services authorized by the certificate. 507 508 2. The Operator has been convicted of a felony or any criminal offense involving 509 moral turpitude. 510 511 3. The certificate was obtained by an application in which any material fact was 512 omitted or falsely stated. 513 514 4. The Operator has knowingly permitted any of its motor vehicles to be operated in 515 violation of the laws which result in conviction of the driver or Operator of a 516 misdemeanor in the second degree or greater, or has knowingly permitted a driver 517 with more than two (2) previous convictions to operate emergency vehicles. 518 519 5. The Operator has failed to comply with any of the provisions of this Ordinance. 520 521 6. The public interest will best be served by revocation, alteration, or suspension of 522 any certificate upon good cause shown. 523 524 7. The Operator or its agent has demanded money or compensation other that 525 established and prescribed under this Ordinance (if applicable). 526 527 8. The Operator has without sufficient justification failed or refused to furnish 528 emergency care and/or transportation promptly for a sick or injured person. 529 530 9. The Operator or its agent has been found guilty of malpractice or willful and wanton 531 misconduct in the operation of its service. 532 533 B. All complaints shall be investigated and a report thereon made to the Board, together with 534 findings and recommendations, within fifteen (15) days. If revocation, suspension or 535 alteration of any certificate appears warranted, the Board shall give notice to the Operator 536 holding the certificate that the same will be considered at a specific commission meeting, 537 provided the date of such meeting shall not be less than five (5) days from the date of the 538 16.F.2.c Packet Pg. 1690 Attachment: line numbered version - Ordinance Medical Transport Services (CoPCN) - 4.16.24 (28827 : ORDINANCE MEDICAL TRANSPORT 13 notice. The Board shall thereupon consider the complaint and either revoke, suspend or 539 alter the certificate or dismiss the complaint. 540 541 542 SECTION 15: Collier Regional Medical Directors Coalition 543 544 The continuity of care for patients of emergency medical services within the County is 545 imperative for the safety of citizens and visitors in Collier County. As a result, the implementation 546 of Countywide Medical Protocols is required by Class 1, Class 3, and Class 4 certificate holders. 547 548 A. There is hereby created the Collier Regional Medical Directors Coalition (hereinafter the 549 "MD Board"), whose purpose is to ensure that the rendering of on scene prehospital 550 emergency medical services within the County is cooperative and seamless between 551 Operators. 552 553 B. The members of the MD Board consists of the medical director for each Class 1 and 3 554 Operator, with each Operator having a single medical director as a member, the Chair of 555 Emergency Medicine, or the Chair of Emergency Medicine’s physician designee, from 556 each hospital system that is operating within Collier County, and the Chair of Emergency 557 Medicine, or the Chair of Emergency Medicine’s physician designee from the regional 558 trauma center in Lee County. 559 560 C. The purpose of the MD Board is to develop medical protocols that will be implemented as 561 Countywide Medical Protocols as well as to develop a credentialing and recredentialing 562 standards for EMTs and paramedics of Class 1, 3, and 4 Operators. The MD Board will 563 also make recommendations for equipment, supplies, medications to fulfill medical 564 protocols, including changes related to equipment/medication shortages. 565 566 D. Any Operator’s Medical Director, or the Operator’s Medical Director’s physician designee, 567 may propose a medical protocol for consideration to be implemented as a Countywide 568 Medical Protocol. The medical protocol shall be deemed a Countywide Medical Protocol 569 upon a majority approval of the MD Board members. 570 571 E. Operators’ Medical Directors have an equal vote on the board and a Medical Director may 572 not represent more than one (1) Operator on the MD Board at any given time. The hospital-573 based Emergency Medicine chairs are non-voting members. 574 575 F. The County’s Medical Director shall serve as the initial Chair of the MD Board and shall 576 serve a one (1) year term as Chair. 577 578 G. The MD Board shall be staffed by the Operator that is represented by the Chair. 579 580 H. Robert’s Rules of Order shall be applicable to board meetings and Chapter 286, Florida 581 Statutes, is not applicable. The MD Board shall adopt by-laws for doing its work and 582 conducting its business, including but not limited to quorum, voting on non-protocol 583 related issues, the election and term of the Chair, the appointment of members by Operators 584 16.F.2.c Packet Pg. 1691 Attachment: line numbered version - Ordinance Medical Transport Services (CoPCN) - 4.16.24 (28827 : ORDINANCE MEDICAL TRANSPORT 14 when they share a medical director to ensure each Operator has representation on the MD 585 Board, and how new or modified protocols are implemented to ensure appropriate training. 586 587 I. The MD Board will designate appropriate working committees and the leadership and 588 responsibilities of those committees. Working committees may include non-MD Board 589 members. 590 591 J. The MD Board may coordinate with other boards or organizations such as the Lee County 592 Medical Control Board and the Collier County EMS Council. 593 594 K. The MD Board will conduct quality reviews that are protected by Peer Review statutes and 595 standards in place in Florida for such activities. Each member of the MD Board must agree 596 to comply with Health Insurance Portability and Accountability Act (HIPAA) and Florida 597 Information Protection Act (FIPA) requirements, as amended. Protected health information 598 may not be disclosed to a MD Board member unless an agreement addressing HIPAA and 599 FIPA has been executed between the certificate holder and MD Board member. 600 601 602 SECTION 16: General Operating Regulations. 603 604 All Operators and drivers shall comply with all state statutes and administrative regulations 605 as well as the following regulations: 606 607 A. Twenty-four Hour Service. Every Operator shall be required to operate sufficient 608 ambulances, if applicable, or relevant apparatus, as stated on the vehicle permit issued by 609 the State Department of Health, Bureau of Emergency Medical Services on immediate call 610 at all times. Notwithstanding, an Operator that is a Class 1 certificate holder may provide 611 less than twenty-four (24) hour services based on the information provided to Collier 612 County in accordance with this Ordinance. 613 614 B. Prompt Service Required. Every call for service shall be answered promptly and in line 615 with medical necessity. Patients shall be appropriately assessed, treated, packaged, loaded 616 and transported by an Operator that is licensed to transport without being subject to 617 unreasonable delays. All calls for emergency assistance requiring over twenty (20) minutes 618 from time of notification to arrival on scene shall be reported to the Administrator with 619 complete documentation of the circumstances, which delayed the response. Those 620 instances where more than three (3) minutes elapse between receipt of an emergency call 621 and dispatch of an emergency vehicle shall also be reported to the Administrator with 622 documentation of circumstances. 623 624 C. Bed Linens. Every Operator transporting patients shall provide clean and sanitary bed 625 linens for each patient carried which shall be changed as soon as practicable after the 626 discharge of the patient. 627 628 D. Daily Log. Every Operator transporting patients shall maintain in a daily log upon which 629 shall be recorded the place or origin, time of call, time of dispatch, time of arrival at scene, 630 16.F.2.c Packet Pg. 1692 Attachment: line numbered version - Ordinance Medical Transport Services (CoPCN) - 4.16.24 (28827 : ORDINANCE MEDICAL TRANSPORT 15 time left for hospital, time of arrival at hospital, and charges for each trip made and such 631 other operating and patient information as may be required by Ordinance. Every Operator 632 shall retain and preserve all daily logs for at least two (2) years, and such logs shall be 633 available for inspection by the Administrator recognizing that information that is protected 634 by the Health Insurance Portability and Accountability Act (HIPAA) and Florida 635 Information Protection Act (FIPA), as amended, may not be disclosed to the Administrator 636 unless an agreement addressing HIPAA and FIPA has been executed between the 637 certificate holder and the County. 638 639 E. Communications. Each emergency vehicle shall maintain two-way radio communication 640 with the location of primary dispatch from which it operates, as well as any additional 641 communication capabilities required by Ordinance or state law. 642 643 F. Vehicles and Equipment. Each Operator's vehicles shall be equipped with the proper 644 medical and emergency equipment as jointly agreed to by the Collier Regional Medical 645 Directors Coalition and in accordance with the laws of the State of Florida. 646 647 G. Certification. All Operators shall certify its paramedics pursuant to Chapter 401.265, 648 Florida Statutes, and Chapter 64J-2.004(4)(a), Florida Administrative Code. The 649 credentialing and recredentialing process developed by the Collier Regional Medical 650 Directors Coalition shall be implemented by all Class 1, 3, and 4 certificate holders, and 651 such certificate holders shall ensure that the credentialing and recredentialing process is 652 incorporated into their respective collective bargaining agreements. 653 654 H. Application. Each ambulance or ALS service shall be subject to those rules and regulations 655 as promulgated by Ordinances of the Board for the purpose of carrying out this Ordinance. 656 657 I. Continuity of Care. For Class 1, 3, and 4 certificate holders, each certificate holder must 658 implement the Countywide Medical Protocols developed in accordance with this 659 Ordinance to ensure continuity of care. 660 661 662 663 664 SECTION 17: Place of Business. 665 666 Within ninety (90) days of a license being issued by the State Department of Health, each 667 Operator shall maintain a place of business which shall be entirely within the designated operating 668 zone, at which place the Operator shall provide communication with its vehicles, the Collier 669 County Emergency Medical Services Division, and its place of business, a properly listed 670 telephone for receiving all calls for service and at which place of business the Operator shall keep 671 such business records, training records, vehicles, and daily logs available for inspection or audit 672 by the Administrator. Every Operator shall keep on file with the Administrator and the County 673 Emergency Medical Services Division a business address and telephone number at which the 674 Operator may be reached at all times. This information will be maintained at the Emergency 675 Medical Services Division. 676 16.F.2.c Packet Pg. 1693 Attachment: line numbered version - Ordinance Medical Transport Services (CoPCN) - 4.16.24 (28827 : ORDINANCE MEDICAL TRANSPORT 16 677 678 SECTION 18: Records to be Kept. 679 680 Every Operator shall keep accurate records of receipts from operations, operating and other 681 expenses, capital expenditure and such other operating and patient information as may be required 682 by the Board or by Florida Statute. 683 684 685 SECTION 19: Rates. 686 687 Every Operator shall file with the Board a schedule of the rates. Such rates shall be filed as a part 688 of each new or renewal application, and a rate schedule shall also be filed when changes in rates 689 are proposed. All such rates shall be subject to review and approval by the Board, unless such rates 690 are those that are set and implemented by the Federal Government. 691 692 693 694 SECTION 20: Operator's Insurance Requirements for Non-Governmental Entities. 695 696 Every ambulance operator that is not a governmental entity shall carry bodily injury and 697 property damage insurance with solvent and responsible insurers authorized to transact business 698 in the State of Florida to secure payment for any loss or damage resulting from any occurrence 699 arising out of or caused by the operation or use of any of the Operator’s motor vehicles. Each 700 vehicle shall be insured for the sum of at least one hundred thousand dollars ($100,000.00) for 701 injuries to or death of any one person arising out of any one accident and the sum of at least three 702 hundred thousand dollars ($300,000.00) for injuries to or death or more than one person in any 703 one accident and for the sum of at least fifty thousand dollars ($50,000.00) for damage to property 704 arising from any one accident. They shall also have malpractice insurance. Every insurance policy 705 or contract for such insurance shall provide for the payment and satisfaction of any financial 706 judgment entered against the Operator and present insured or any person driving the insured 707 vehicle. Such insurance shall be obtained and certificates or certified copies of such policies shall 708 be filed with the Board. All such insurance policies, certificates thereof or certified copies of such 709 insurance policies shall provide for a thirty (30) day cancellation notice to the Board. 710 711 712 713 SECTION 21: Conduct of Drivers and Attendants. 714 715 All drivers, EMTs and paramedics shall comply with the laws of the State of Florida, in order to 716 meet the requirements set out in this Ordinance. No driver, EMT or paramedic registered hereunder 717 shall: 718 719 A. Fail or refuse to promptly transport, if applicable, or attend any sick or injured person after 720 responding to a call. 721 722 16.F.2.c Packet Pg. 1694 Attachment: line numbered version - Ordinance Medical Transport Services (CoPCN) - 4.16.24 (28827 : ORDINANCE MEDICAL TRANSPORT 17 B. Demand or receive compensation other that established and approved in accordance with 723 this Ordinance or fail to give a receipt for moneys received (if applicable). 724 725 C. Give or allow rebate, commission, discount or any reduced rate not provided in the 726 established rate (if applicable). 727 728 D. At any time induce or seek to induce any person engaging an ambulance or ALS service to 729 patronize or retain the services of any hospital, convalescent home, mortuary, cemetery, 730 attorney, accident investigator, nurse, medical doctor or other service occupation or 731 profession. 732 733 E. At any time release a patient from the Operator’s care until there is assurance that some 734 responsible person is available to receive such patient. 735 736 F. Disobey the lawful orders of the law enforcement officer at the scene of an accident, or 737 other similar such emergency or at a fire scene, the fire officer in charge. 738 739 740 SECTION 22: Passengers. 741 742 No person shall be aboard ambulances when engaged in emergency or routine calls except 743 the following: 744 745 A. Driver, attendants and fire or law enforcement personnel; 746 747 B. Patients; 748 749 C. Relatives or close friends of the patient when authorized by the Operator of the ambulance; 750 751 D. Physicians and nurses; 752 753 E. Personnel in an observing capacity that are being trained for ambulance or ALS service; or 754 755 F. Operator's supervisory personnel. 756 757 758 759 SECTION 23: Obedience to Traffic Laws, Ordinances or Regulations. 760 761 A. Under the provisions of Florida state law, the driver of an ambulance or ALS vehicle when 762 responding to an emergency call or while transporting a patient, may disregard laws, ordinances 763 or regulations governing direction or movement or turning in specified directions so long as he 764 does not endanger life or property when the driver has reasonable grounds to believe that an 765 emergency in fact exists requiring the disregard of such laws. 766 767 16.F.2.c Packet Pg. 1695 Attachment: line numbered version - Ordinance Medical Transport Services (CoPCN) - 4.16.24 (28827 : ORDINANCE MEDICAL TRANSPORT 18 B. The exemption herein granted shall apply only when such vehicle is making use of audible 768 and/or visible signals meeting the requirements of this Ordinance. 769 770 C. The foregoing provisions shall not relieve the driver of a vehicle from the duty to drive 771 with due regard for the safety of all persons, nor shall such provisions protect the driver from the 772 consequences of his or her reckless disregard for the safety of others. 773 774 775 SECTION 24: Violations. 776 777 In addition to the remedies provided herein, a violation of any provision of this Ordinance 778 shall be punishable as provided by law for the violation of County ordinances. 779 780 781 SECTION 25: Uniformity of Application. 782 783 This Ordinance shall constitute a uniform law applicable in all of Collier County. 784 785 786 SECTION 26: Authority to enforce. 787 788 It is hereby declared to be the duty of the Board, its officers, agents, employees and other 789 governmental agencies, the Collier County Sheriff’s Office, its deputies and agents, fire 790 departments, as well as the police departments of the various municipalities falling under the 791 provisions of this Ordinance to strictly enforce the provisions of this Ordinance. 792 793 794 SECTION 27: Repeal of Ordinance No. 81-75, as amended. 795 Ordinance Nos. 81-75, 82-92, 82-102, 04-12, 05-16, 11-36, 12-04, and 19-38, and all 796 amendments thereto, are hereby repealed in their entirety and superseded by this Ordinance. 797 798 799 SECTION 28: Inclusion in the Code of Laws and Ordinances. 800 The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances 801 of Collier County, Florida, as Chapter 50, Article III of said Code. The Sections of the Ordinance 802 may be renumbered or re-lettered to accomplish such, and the word "Ordinance" may be changed 803 to "section," "article," or any other appropriate word. 804 805 806 SECTION 29: Conflict and Severability. 807 808 In the event this Ordinance conflicts with any other Ordinance of Collier County or other 809 applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held 810 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 811 16.F.2.c Packet Pg. 1696 Attachment: line numbered version - Ordinance Medical Transport Services (CoPCN) - 4.16.24 (28827 : ORDINANCE MEDICAL TRANSPORT 19 separate, distinct and independent provision and such holding shall not affect the validity of the 812 remaining portion. 813 814 815 SECTION 30: Effective Date. 816 817 This Ordinance shall become effective upon filing with the Florida Department of State. 818 819 820 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 821 County, Florida, this ____day of_________________, 2024. 822 823 824 825 ATTEST: BOARD OF COUNTY COMMISSIONERS 826 Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA 827 828 829 By: ___________________________ By: _____________________________ 830 , Deputy Clerk Chris Hall, Chairman 831 832 833 Approved as to form and legality: 834 835 836 ______________________________ 837 Jeffrey A. Klatzkow, County Attorney 838 839 16.F.2.c Packet Pg. 1697 Attachment: line numbered version - Ordinance Medical Transport Services (CoPCN) - 4.16.24 (28827 : ORDINANCE MEDICAL TRANSPORT