TITLE 5 BUSINESS TAXES, LICENSES AND REGULATIONS
Chapter 5-40 Ambulance Services
5-40-010 Definitions.
5-04-020 Grant of franchise.
5-40-030 Licenses.
5-40-040 Revocation, suspension, and hearings.
5-40-050 Alleged negligence.
5-40-060 Applicability.
5-40-070 Penalty for violation.
5-40-010 Definitions.
(A) Advanced life support ambulance means an ambulance, which in
addition to meeting the basic requirements for equipment, must have on board the
equipment and medications as required by the physician advisor’s protocol,
and operating with advance life support personnel.
(B) Advanced life support personnel means a minimum of one state
certified emergency medical technician-paramedic (EMT-P, or Emergency Medical
Technician-Intermediate/EMT-1) or registered nurse with advanced cardiac life
support certification, or a physician with advanced cardiac life support
certification, and a driver with a valid state driver’s license and
current state certified Emergency Medical Technical-Basic/EMT-B
certification.
(C) Ambulance means any privately or publicly owned land vehicle,
especially constructed or modified and equipped, intended to be used, and
maintained or operated by an ambulance service for the transportation upon the
streets and highways in the city, of individuals who are sick, injured or
otherwise incapacitated or helpless.
(D) Ambulance permit means the authorization approved and issued by
the coordinator with respect to an ambulance used or to be used to provide
ambulance service in the city.
(E) Ambulance service means the furnishing, operating, conducting,
maintaining, advertising, or otherwise engaging in or professing to be engaged
in the transportation of patients by ambulance. Taken in context, it also means
the person so engaged or professing to be so engaged. The person so engaged and
the vehicles used for the emergency transportation of persons injured at a mine
are excluded from this definition when the personnel utilized in the operation
of said vehicles are subject to the mandatory safety standards of the Federal
Mine Safety and Health administration or its successor agency.
(F) Ambulance transport means the transportation of patients
originating in the city by ambulances licensed by the city.
(G) Ambulance validation sticker means a sticker displayed on the
left side of the windshield of an ambulance unit that has been inspected. The
sticker shall indicate the month and year of validation and shall be provided by
the inspector hired by the participants of the intergovernmental agreement for
ambulance inspections or the inspector otherwise designated by the city.
(H) Authority means the local licensing authority.
(I) Based means an ambulance headquartered in or having a substation
or office or a permanent station in the city.
(J) Catastrophe means a man-made or natural disaster or event.
(K) City means City and County of Broomfield.
(L) Coordinator means chief of police or designee.
(M) Emergency means any actual or self-perceived event, which
threatens life, limb, or well-being of an individual in such a manner that a
need for immediate medical care is created.
(N) License means the authorization issued by the coordinator to
operate an ambulance service in the city.
(O) Licensee means the person or entity that has been issued a
license by the coordinator to provide ambulance service in the city.
(P) Mutual aid means an agreement with a jurisdiction to provide
additional resources.
(Q) Patient means any individual who is actual or self-perceived to
be sick, injured, or otherwise incapacitated or helpless.
(R) Physician advisor means a physician who is currently licensed by
the Colorado State Board of Medical Examiners and who establishes protocols and
standing orders for medical acts performed by an EMT-Basic, EMT-Intermediates or
EMT-Paramedics or a pre-hospital emergency medical care service agency, and who
is specifically identified as being responsible to assure the competency of the
performance of those acts by such EMT-Basics, EMT-Intermediates or
EMT-Paramedics.
(S) Protocol means a written standard for patient medical assessment
and management.
(T) Revocation means to withdraw, repeal, rescind, or cancel a
license or permit issued by the hearing officer.
(U) Suspension means to temporarily stop service pertaining to a
license or permit.
(V) Temporary suspension means to suspend a license or permit for
designated period of time.
(W) To operate in The City and County of Broomfield means the
providing of ambulance service or transportation of patients within the
boundaries of the city. (Ord. 1653 §1, 2001)
5-04-020 Grant of franchise.
(A) The city hereby grants the company, subject to the terms of this
chapter, a nonexclusive right and duty to furnish, sell, and distribute gas and
electricity to the city and to all residents of the city, and to install,
maintain, and operate facilities reasonably necessary for service to the city
and areas outside the city, and a nonexclusive right to make reasonable use of
public places as may be necessary to carry out the terms of this
franchise.
(B) As a result of the approval of a partial assignment of Broomfield
franchise set forth in Ordinance No. 881 and chapter 5-03, the company shall not
have any rights or obligations as franchisee, under the franchise codified in
this chapter, for provision of electric service within United Power,
Inc.’s service area, as said service area is defined in subsection
5-03-030(B). (Ord. 727 § 1, 1987; Ord. 881 § 3, 1990)
5-40-030 Licenses.
(A) Application for ambulance service license. An application for
an ambulance service license shall be submitted in writing to the coordinator
and shall contain the following information and necessary supporting
documents:
(1) The name, address, and telephone of the ambulance service;
(2) The name, address, and telephone of the owner of the ambulance service,
and the status of the owner as sole proprietor, partnership, or
corporation;
(3) The name, address, telephone number, and position of the person
applying for the license, hereinafter referred to as the "applicant";
(4) The name, address, and telephone number of the person responsible for
management of the operation on a daily basis;
(5) List the name, address, and telephone number of each stockholder of any
corporation owning or applying for an ambulance service license, the name,
address, and telephone number of each of the directors of the corporation, and
the name, address, and telephone number of each partner of any partnership
owning or applying for an ambulance service license;
(6) The number of vehicles operated by the ambulance service within the
city;
(7) The locations which the ambulances will operate from within the
city;
(8) The geographic area within the city to be served by the ambulance
service;
(9) The name, address, telephone number, license number, and qualifications
of the physician advisor of the ambulance service;
(10) Statement from the coordinator that the physical inspection of the
equipment and ambulances has been completed and equipment and ambulances were
found to be in compliance with the provisions of these regulations;
(11) Certificate of insurance as set forth and required in these
regulations (self-insured municipalities shall provide proof of insurance as
required by the coordinator);
(12) Payment of a fee in the amount of $100.00 for the ambulance service
license, and $50.00 for each ambulance unit, by check or money order, payable to
The City and County of Broomfield, shall be attached to the application.
(13) The ambulance service will supply a personnel list at the time of
licensing or renewal licensing to include the name of each employee, and each
employee’s hire date, state certification number, and expiration date, and
driver’s license number and expiration date;
(14) A City and County of Broomfield certification requirements form for
each employee, with all of the information filled out, providing clear, readable
copies of state certification, CPR, and/or ACLS (for appropriate level of
certification) and valid Colorado driver’s license shall be submitted by
each ambulance service;
(15) All newly hired personnel certifications shall be sent to the
coordinator within thirty days of hire; and
(16) Updated information on current personnel must be submitted within
thirty days of expiration of the certification and/or license.
(B) Issuance of ambulance service license and vehicle permits. Upon
receipt of an application for vehicle permit and license to provide ambulance
service, the coordinator shall review the application and applicant’s
records. The coordinator may issue the applicant a license to operate an
ambulance service and issue a permit for each ambulance inspected, both of which
shall be valid for a period of twelve months following the date of issue,
providing that:
(1) The ambulance service staff, vehicle, equipment, and location comply
with the requirement of this chapter;
(2) The ambulance service personnel are certified or possess at least the
minimum qualification set forth in these regulations; and
(3) Current city inspection has been satisfactorily completed for vehicles
being licensed.
(C) Ambulance service license and vehicle permit renewal. Unless
revoked by the hearing officer, a licensee may renew any such license or permit.
Application for renewal shall be filed annually, but not less than thirty days
before the date the license or permit expires. The coordinator shall send
renewal notices to all agencies, which currently hold a license permit, sixty
days prior to expiration. However, failure to receive such notice shall not
release the individual agency from its responsibility for renewal of said
license or permit. If reapplication is not received at least thirty days prior
to expiration and the applicant’s license expires, the applicant must
cease operation until the license is reissued.
(D) Transfer of license or permit. No license or permit issued by
the coordinator shall be sold, assigned, or otherwise transferred.
(E) Change of ownership. Change of ownership shall require a new
application and license, with payment of the same license fee as is required for
an original application. Any sale or exchange of stock in excess of twenty-five
percent of the total outstanding stock of a corporation to anyone other than an
existing stockholder at the time of the original issuance of license shall be
deemed a change of ownership for the purpose of these regulations. Any change
of ownership or any transfer of stock ownership of ten percent or more shall be
reported in writing to the coordinator within thirty days of such change or
transfer. (Ord. 1653 §1, 2001)
5-40-040 Revocation, suspension, and hearings.
(A) The authority may on its own motion or on complaint, after
investigation and public hearing at which the licensee shall be afforded an
opportunity to be heard, suspend or revoke any license or permit issued by the
coordinator pursuant to this chapter. After such hearing, the authority may
suspend any license or permit issued pursuant to these regulations, for any
portion of or for the remainder of its life. At the end of such period, the
person whose license or permit was suspended may apply for a new license or
permit as in the case of an original application. Suspension or revocation may
result from violation of:
(1) Any provision of these regulations;
(2) Any applicable law or regulation of the state or any applicable
ordinance or regulation of the city and evidence of such violation may be
considered by the coordinator; or
(3) Any rules and regulations promulgated pursuant to these
regulations.
(B) All hearings before the authority shall be public and every vote and
official act of the authority shall be public. The authority has the power to
administer oaths and issue subpoenas to require the presence of persons and the
production of papers, books, and records necessary to the determination of any
hearing, which the authority is authorized to conduct.
(C) Written notice of temporary suspension or revocation as well as any
required notice of such hearing shall be given by certified mail to the licensee
or permit holder at the address contained in such license or permit
application.
(D) The issuing licensing authority, pending any prosecution,
investigation, or public hearing, may temporarily suspend any license. Nothing
in this section shall prevent the summary suspension of such license for a
period of not more than thirty days after such temporary suspension. The
licensee shall receive written notice of such temporary suspension, and a
hearing shall be held no later than ten days after such temporary suspension.
If any license is suspended or revoked, no part of the fees paid therefor shall
be returned to the licensee.
(E) The coordinator has the authority to suspend the permit for any
individual ambulance if inspection reveals that the ambulance is not in
compliance with the ambulance regulations. Suspension of a permit for the
operation of any individual ambulance shall be made in writing at any time upon
inspection by the individual appointed by the coordinator to perform such
inspection. The individual appointed by the coordinator to perform such
inspection may make written notification of suspension for the operation of any
individual ambulance upon inspection. Also, written notice shall be given by
the coordinator to correct the deficiency within a reasonable amount of time
before the hearing to revoke the permit. The coordinator shall have a hearing
on the revocation of such permit, and such hearing shall be conducted within ten
days of the temporary revocation. A suspension or revocation inspection must be
conducted prior to resuming operation. The reinstatement permit may be made by
the coordinator prior to such hearing, upon a reinspection and finding by the
coordinator that the ambulance fully complies with the provisions of these
regulations. Upon issuance of a reinstatement permit, no hearing is
necessary.
(F) Upon revocation or suspension of a license issued under this chapter,
all vehicle permits issued to said company will be automatically revoked and all
permits must be returned to the coordinator within forty-eight hours.
(G) It shall be the duty of the coordinator to notify local law enforcement
authorities, fire departments, hospitals, and physician advisors of revocation
or suspension.
(H) The following practices shall be unlawful and may be grounds for a
suspension or revocation of license after an investigation is completed:
(1) Willful and deliberate failure to respond to any call in the absence of
good cause shown unless prior documentation is provided to the
coordinator;
(2) Willful and deliberate failure to transport a patient when required by
nature of the situation within guidelines established by the physician
advisor;
(3) Administering unnecessary treatment or supplies to a patient for the
purpose of increasing the patient’s bill;
(4) Call jumping, which is defined as a response by an ambulance service
not dispatched by the primary service area;
(5) Conduct which constitutes a significant threat to the health or safety
of the individuals receiving emergency care from a licensed ambulance service or
services; or
(6) Failure of a responding individual to notify jurisdictions immediately
if an ambulance is responding to a nonemergent call for service and it becomes
or they are notified that it has become an emergent call for services. (Ord.
1653 §1, 2001)
5-40-050 Alleged negligence.
(A) In any legal action against a licensee in which it is alleged that
plaintiff’s injury, illness, or incapacity was aggravated by, or that the
plaintiff was otherwise injured by the negligence of the licensee, no negligence
shall be presumed because of such allegations.
(B) If a judgment is entered against such licensee, the licensee shall
within thirty days file a copy of such findings and order of the court with the
coordinator. The coordinator shall take note of such judgment for purposes of
investigation and appropriate action if there appears any violation of these
regulations or of any Colorado law. (Ord. 1653 §1, 2001)
5-40-060 Applicability.
All valid licenses issued to persons, partnerships, or corporations and all
permits issued for ambulances providing ambulance services in counties other
than The City and County of Broomfield, which ambulance services and ambulances
will be based in The City and County of Broomfield on and after November 15,
2001, will be valid licenses and permits in the city and subject to all of the
provisions of this chapter on and after the effective date of this chapter.
(Ord. 1653 §1, 2001)
5-40-070 Penalty for violation.
Any person who willfully fails to comply with any of the provisions of this
chapter, or any sections of this chapter, shall be deemed guilty of a
misdemeanor and, upon conviction, shall be punishable as provided in chapter
1-12, B.M.C. (Ord. 1653 §1, 2001)
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