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Agenda 11/08/2011 Item #16F611/8/2011 Item 16.F.6. EXECUTIVE SUMMARY Authorize staff to advertise an ordinance for future consideration that amends Ordinance No. 04-12, as amended, for the purpose of revising the Class 2 Certificate of Public Convenience and Necessity for post- hospital interfacility transport services. OBJECTIVE: To obtain the Board of County Commissioners (Board) approval to advertise an ordinance for future consideration that amends Ordinance No. 04-12, as amended, for the purpose of revising Class 2 Certificate of Public Convenience and Necessity ( COPCN) for Post. hospital interfacility transport services.. CONSIDERATIONS: On October 25, 2011 the Board approved a COPCN for Ambitrans Medical Transportation to provide Class 2 (post- hospital inter - facility medical transfer services) within Collier County and authorized staff to bring forward necessary amendments to the COPCN ordinance relied to Class 2 certificate holders. The proposed changes to the Ordinance include: • Revised description and specification of duties for Class 2 operators providing interfacility transport services. • Provides that those Class 2 and Class 3 Operators that have separately entered into a contract with the County in order for the County Medical Director to serve as its medical director shall be certified pursuant to the terms of the contract. • Provides for a Ride Time Requirement for all Operators than have entered into a contract with the County. Not subject to the ride time requirements are those Operators who have not contracted with the County and serve under their own medical director. • Provides a requirement for statistical data that will demonstrate how the proposed, services will directly impact the population and territory proposed to be served as part of procedures for obtaining a certificate. • Provides that each Operator, within 90 days of Certificate issuance, shall maintannea place of business which shall be within the designated operating zone, provide communication with Operator's vehicles as well the Collier County Emergency Medical Services Department. • Requires that business, training and vehicle records, along with daily logs be maintained and available for inspection or audit by the Administrator. - • Requires that every Operator keep on file with Administrator and County Emergency Medical Services Department a current business address and phone number. FISCAL =ACT: Advertising cost is estimated to be $400 and funds are available in EMS Fund 490. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. Packet Page -1350- 11/8/2011 Item 16. F.6. ^ LEGAL CONSIDERATIONS: The proposed ordinance has been reviewed by the County Attorney, and is legally sufficient. This item requires majority vote for approval. -JAK RECOMMENDATION: To authorize the County Manager to advertise an ordinance for future consideration that amends Ordinance No. 04 -12, as amended, for the purpose of revising the Class 2 Certificate of Public Convenience and Necessity for post - hospital interfacility transport services. Prepared by: Artie R. Bay, Administrative Supervisor, Emergency Medical Services Jennifer B. White, Assistant County Attorney Packet Page -1351- 11/8/2011 Item 16. F.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.F.6. Item Summary: Authorize staff to advertise an ordinance for future consideration that amends Ordinance No. 04 -12, as amended, for the purpose of revising the Class 2 Certificate of Public Convenience and Necessity for post - hospital interfacility transport services. Meeting Date: 11/8/2011 Prepared By Name: BayArtie Title: Supervisor - Accounting,EMS Operations 11/2/2011 1:18:18 PM Approved By Name: KlatzkowJeff Title: County Attorney, n Date: 11/2/20112:25:00 PM Name: KopkaWalter Date: 11/2/20113:28:41 PM Name: SummersDan Title: Director - Bureau of Emergency Services, Date: 11/2/20113:3 7:23 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 11/2/20114:16:38 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/2/20114:20:53 PM Name: OchsLeo Title: County Manager Date: 11 /2/2011 4:39:26 PM Packet Page -1352- 11/8/2011 Item 16. F.6. ORDINANCE NO. 2011 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 04 -12, AS AMENDED, BY AMENDING, SECTION FIVE, PROCEDURE FOR OBTAINING CERTIFICATE; SECTION TWELVE, CLASSIFICATIONS OF CERTIFICATES; SECTION FIFTEEN, GENERAL OPERATING REGULATIONS; SECTION SIXTEEN, CENTRAL PLACE OF BUSINESS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County Ordinance No. 2004 -12, as amended, is codified as Article III of Chapter 50 of the Code of Laws and Ordinances of Collier County, and originally enacted through its predecessor Ordinance No. 81 -75; and WHEREAS, Collier County desires to make available to its citizens safe, professional emergency health care transportation and non - transportation services for emergency pre - hospital responses and the transfer of patients between and among local hospital facilities; and WHEREAS, this amendment to Ordinance No. 2004 -12, as amended, is primarily intended to expand the Class -2 post - hospital transport certificate. NOW THEREFORE: BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: Amendments to Section Five of Ordinance No. 04 -12, as amended. Section Five of Ordinance No. 04 -12, as amended, is hereby amended as follows: SECTION FIVE: PROCEDURE FOR OBTAINING CERTIFICATE. An applicant for a certificate shall provide the Administrator with the following information in order for a request for a certificate to be considered. Each request shall contain: A. The name, age, and address of the owner of the ambulance or ALS Operator, or if the owner is a corporation, then of the directors of the corporation and of all the stockholders holding more that 25% of the outstanding shares. For governmental units, this information shall be supplied for members of the governing body. B. The boundaries of the territory desired to be served. Words underlined added and words stfue' .are deleted. Packet Page -1353- 11/8/2011 Item 16.F.6. C. The number and brief description of the ambulances or other vehicles the applicant will have available. D. The address of the intended headquarters and any sub - stations. E. The Training and experience of the applicant. F. The names and addresses of three (3) Collier County residents who will act as references for the applicant. G. A schedule of rates which the service intends to charge. H. Such other pertinent information as the administrator may require. An application or renewal fee of two hundred fifth dollars ($250.00). (Exception Collier County EMS.) J. Financial data including assets and liabilities of the operator. A schedule of all debts encumbering any equipment shall be included. K. Statistical data that will demonstrate how the proposed services will directly impact the population and territory proposed to be served. SECTION TWO: Amendments to Section Twelve of Ordinance No. 04 -12, as amended. Section Twelve B of Ordinance No. 04 -12, as amended, is hereby amended as follows: SECTION TWELVE: CLASSIFICATIONS OF CERTIFICATES. There shall be three (3) classifications of service in Collier County, as follows: B. Class 2: Collier County Hesp4als Inter - Facility Transport Services: 1. —ALS Transfer: An EMS Operator who reader-s provides post - hospital ALS- inter - facility medical transfer services, both within and outside the County. If requested by the appropriate Class 1 — ALS rescue Operator, will provide emergency pre - hospital backup service. Class -2 transfer certificate holders must either provide for their own medical director or contract with the County Medical Director, and will operate under protocols approved by the County Medical Director. If the Operator provides for its own medical director, that medical director shall work cooperatively with the County's Office of the Medical Director to ensure continuity of care. Class 2 Operators shall comply with all guidelines and policies approved by the Board of County Commissioners and shall notifv and work with all hospitals and facilities to educate them as to the services Operator provides. The County reserves the right to review and evaluate all calls made by the Operator to ensure that the appropriate level of personnel supplies Words underlined added and words stmt are deleted. Packet Page -1354- 11/8/2011 Item 16. F.6. n equipment and vehicles are being utilized. An EN49 Operator- ., he is .,,,.,,_aea Class 2 ALS tFmsfef - eeitifirate and -gees - not -pow°, a Glass , A r S- r-esette eer4€ea4e- shall - fit- r-espead- te--an emer-gene'- all andpreriae LS r-eseue se ees- aniess- ealled upen by the appr-epfieAe Class , "L ef to provide - emergeneybaekup -sere =lee —ln -these instanee , it shall be deemed -te be SECTION THREE: Amendments to Section Fifteen of Ordinance No. 04 -12, as amended. Section Fifteen of Ordinance No. 04 -12, as amended, is hereby amended as follows: SECTION FIFTEEN: GENERAL OPERATING REGULATIONS. All certificate holders, operators, and drivers shall comply with all state statutes and administrative regulations as following regulations: G. Certification. (i). In addition to the State of Florida Department of Health, Bureau of Emergency Medical Services requirements for certification, each Collier County EMS paramedic, Class -2 Operator's paramedic, and Class -3 Operator that has separately entered into a contract with the County in order for the County's Medical Director to serve as its medical director for the performance of services set forth in Section 401.265, Florida Statutes, and Chapter 64J- 2.004(4)(a), Florida Administrative Code, must be certified by the County Medical Director. Each Collier County EMS paramedic and Class -2 Operator paramedic, that contracts with the County, must work with a Collier County EMS ambulance for a sufficient length of time pursuant to paragraph H. for the County's Medical Director to properly judge the paramedic's capability. Salaries of other than Collier County EMS paramedics will be paid by the agency seeking the Medical Director Certification. (ii). All Operators, , shall certify its paramedics pursuant to Words underlined added and words stFuek dweu are deleted. Packet Page -1355- RWTIVN-. ... MA SECTION THREE: Amendments to Section Fifteen of Ordinance No. 04 -12, as amended. Section Fifteen of Ordinance No. 04 -12, as amended, is hereby amended as follows: SECTION FIFTEEN: GENERAL OPERATING REGULATIONS. All certificate holders, operators, and drivers shall comply with all state statutes and administrative regulations as following regulations: G. Certification. (i). In addition to the State of Florida Department of Health, Bureau of Emergency Medical Services requirements for certification, each Collier County EMS paramedic, Class -2 Operator's paramedic, and Class -3 Operator that has separately entered into a contract with the County in order for the County's Medical Director to serve as its medical director for the performance of services set forth in Section 401.265, Florida Statutes, and Chapter 64J- 2.004(4)(a), Florida Administrative Code, must be certified by the County Medical Director. Each Collier County EMS paramedic and Class -2 Operator paramedic, that contracts with the County, must work with a Collier County EMS ambulance for a sufficient length of time pursuant to paragraph H. for the County's Medical Director to properly judge the paramedic's capability. Salaries of other than Collier County EMS paramedics will be paid by the agency seeking the Medical Director Certification. (ii). All Operators, , shall certify its paramedics pursuant to Words underlined added and words stFuek dweu are deleted. Packet Page -1355- 11/8/2011 Item 16. F.6. Section 401.265, Florida Statutes, and Chapter 64J- 2.004(4)(a), Florida Administrative Code. A Class -2 and Class -3 Operators that has have separately entered into a contract with the County in order for the County's Medical Director to serve as its medical director for the performance of services set forth in Section 401.265, Florida Statutes, and Chapter 64J- 2.004(4)(a), Florida Administrative Code, shall be certified pursuant to the terms of such contract. H. Ride Time Requirement. Each paramedic employed by a Collier County EMS, a Class -1 Operator or amass -2 Operator that has entered into a contract with the Counly must work, at a minimum, with a Class -1 Operator's ambulance not less than one full month's work shift annually. Each paramedic employed by a Class - 3 Operator that has its own medical director must accompany a patient on the Collier County EMS ALS transport from scene to hospital when the paramedic for such Class -3 Operator initiates ALS services on a patient prior to Collier County EMS transport arrival or if the patient's condition requires that additional level of expertise. Each paramedic employed by a Class -3 Operator that has separately entered into a contract with the County in order for the County's Medical Director to serve as its medical director for the performance of services set forth in Section 401.265, Florida Statutes, and Chapter 64J- 2.004(4)(a), Florida Administrative Code, shall either work with a Collier County EMS ambulance not less than one full month's work shift annually or must accompany a patient on the Collier County EMS ALS transport from scene to hospital when the paramedic for such Class -3 Operator initiates ALS services on a patient prior to a Collier County EMS transport arrival or if the patient's condition requires that additional level of expertise, as provided for in its contract with the County. SECTION FOUR: Amendments to Section Sixteen of Ordinance No. 04 -12, as amended. Section Sixteen of Ordinance No. 04 -12, as amended, is hereby amended as follows: SECTION SIXTEEN: GENTRAL PLACE OF BUSINESS. Within 90 days of Certificate issuance each Each Operator shall maintain a eel place of business which shall be entirely within his designated operating zone, at which place he shall provide Pw way communication with his vehicles, the Collier County Emergency Medical Services Department Gent -1 �'e:::::;un a *'GepAer, and his place of business, a properly listed telephone for receiving all calls for service and at which eeatr-a4 place of business he shall keep such business records training records, vehicles and daily logs available for inspection or audit by the Administrator. Every Operator shall keep on file with the Administrator and the County Emergency Medical Services Department Gent-1 G-frAnaniea4iens G —e GeFAe a business address and telephone number at which the Operator may be reached at all times. This information will be maintained at the Emergency Medical Services Department reftFel Gent -. Words underlined added and words st%tslggh are deleted. Packet Page -1356- 11/8/2011 Item 16. F.6. SECTION FIVE: Conflict and Severability. In the event this Ordinance should ever conflict with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provisions and such holding shall not affect the validity of the remaining portions. SECTION SIX: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered and internal cross - references amended throughout to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SEVEN: Effective Date. This Ordinance shall be considered adopted upon the date written below and subject to filing with the Florida Department of State. PASSED AND DULY ADOPTED by a vote of majority of the Board of County Commissioners of Collier County, Florida, this day of 92011. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA , Deputy Clerk Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney IM FRED W. COYLE, CHAIRMAN Words underlined added and words stfuelE thr-eu are deleted. Packet Page -1357-