Washington County - Emergency Medical Services AGREEMENT RIGI L
ZiiIS "WOU, made and entered into as of the day of tr
by and between WPismvim axi m, a home rule subdivision of the State of
Oregon referred to as. "County") and the l/.i ��I c)T T q&rd ,
a duly incorporated city in Washington County (hereinafter referred to as
"City")
WITNESSETH:
MM;eAS, County has adopted Washington County Code, Chapter 5.12 as
amended by Ordiraznoe 334, regulatiM the provision of Wmergency medical
services in the unincorporated portions of the County, .and providing for
enforamtetYt of the ordinance within the bcx laries of mmicipal corporations in
the County, upon intergovernmental agreement for such enforcement; and
SAS, City desires that said services be regulated curler and made
subject to Washington County Code, Chapter 5.12 as amended by Ordinance 334,
emoept as otherwise provided herein; and
SAS, pursuant to ORS Chapter 190 the parties wish to enter the
follewirg agrent for the performing of the functions described in
Washir,igtom County Code, Chapter 5.12 as amended by Ordinance 334;
NOW, THEREFUM, in consideration of the nutual covenants contained
herein, the parties agree as follows.-
1.
ollows:1. Washington County Code, Chapter 5.12 as amended by Ordinance 334,
attached hereto as Attadmient "A" and fully incorporated herein, by this
reference, shall be enforced within the bo rdaries of the city the same as if
the ordinance were an ordinance of the City. The term "Washington County"
appearing in Washington County Code, Ctnapter 5.12 as aaaended by Ordinanoe 334,
shall be deemed to include city for the purposes of this agrement.
ACCP
2. The initial term of this: agreement shall commence upon the date of
its execution by City .and expire .on June_30, 198% subject to earlier.
termination under paragraph 3 hereof. Upon the expiration of the initial term
and any subsequerYt term, this agreemer►t shall be automatically renewed for a
successive one-year tern, unless written notice of termination is served by one
party on the other thirty (30) days or more prior to June 30 of the current
yam'-
3. Either party may terminate this agreement prior to expiration of the
agreed upon term by serving written notice on the other, delivered by certified
mail or in person, at least sixty (60) days prior to the effective date of such
early termination. By mutual written consent of the parties, this agreement
may be -ated, effective immediately, or at such time as the parties
provide.
4. The City and County agree that each party will assume its own
responsibility in commection with.any claims made by a third party against the
City and/or County. if the acts of the agents, emplayees or officers of the
c =ty are the pra dmate cause of any claim, action, damage, loss or ewe
bit against the City, the Coamty will irdem iify, bold harmless and wi11
assume full responsibility for the defense of said claim or action. If the
acts of the agents, employees or officers of the City are the proximate cause
of any claim, action, damage, loss or expense brought against.the Canty, the
City will, irxkUnify, hold harmless and will assume full responsibility for the
defense of said claim or action:`
AGREEMENT - page 2
•
AGMEWU
5. Any notice,provided for in this agreement shall be served upon County
by delivery to its Clerk of the Board of Ommissioners, County Courthouse and
upon City by delivery to its City Recorder,. City Hall.
6. This agreement contains the entire agreement between the parties and
oVeroedes all prior written or oral discussions or understandings, express or
Implied.
7. No Modification of this agreement shall have effect unless and until
reduced to writing and signed by the authorized representatives of the parties.
CFMXN: WASH MMM COMM, 0FXGW:
Mayor AuthoAzedg
Date tea: Decevn.beA1 s� t�= Date meted: . - --99
AFS AS 70 FMS: APPROVED AS TO FORT'!:
City Attorney, City of , Jdzn M. , C=ity C=Isel for
Oregon-- Washington County, Oregon
APPROVED WASHINGTON COUNTY
BOARD OF COMMISSIONERS
MINUTE ORDER k// .......??.........d J:•••/••...............
DATE ,1...�.A..l.
- CLEAK OF THE HOA•
\ AGl2EERM - page 3
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"Aw ENGROSSED
1
2 IN THE BOARD OF COUNTY COMMISSIONERS
3 FOR WASHINGTON COUNTY, OREGON
4 ( An Ordinance Amending Washington
( County Code Chapter 5. 12 Concerning
5 ORDINANCE NO. 334 ( Emergency Ambulance Services;
( Operation of Policy Board; and
6 ( Declaring an Emergency
' The Board of County Commissioners for Washington County,
8 Oregon, ordains:
9 SECTION 1
10 The Board of Commissioners finds that the current provisions
11 of Washington County Code Chapter 5.12 concerning emergency
12 ambulance services, as adopted by Ordinance No. 277, are in need
13 of revision regarding the Emergency Medical Services (EMS) Policy
14 Board, and- operation of such Board.
15 SECTION 2
16 Washington 'County Code Chapter 5.12 shall be amended as set
19 forth below. (Existing ordinance language as codified, with
1$ deletions bracketed and additions underlined follows ) :
z19 5.12.050 EMS policy board -- Created. There is created an
0 20 EMS' policy board which shall consist of the following five
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A county commissioner appointed by the board, who shall
22
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3g be the' chairman of the policy board;
23
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ZC 24 B.. Two city council members or mayors, to be appointed by
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u� 25 the incorporated cities which have entered into an
Z 26 intergovernmental agreement authorizing enforcement of this
0
U page 1 - A-ENGROSSED ORDINANCE NO. 334 CC:BB':DEE:09'35d/10/6/88
1 chapter within their city limits as provided in Section 5.12 .510 ,
2 in accordance with procedures as set forth in By-laws of the EMS
3 policy board. No two members shall be from the same city; and
4 C. Two members of the board of directors of a rural fire
5 protection district, [which does not provide services to a city
6 having an elected official on the policy board, ] to be appointed
7 by the district boards, in accordance with procedures as set
8 forth in By-laws of the EMS policy board. No two members shall
9 be from the same district.
10 5.12 .190 Rule adoption -- Scope. The director may, in
11 writing, recommend to the policy board, or the policy board may
12 propose on its own motion., adoption, amendment or repeal of
13 administrative rules deemed necessary to achieve the purpose of
14 this chapter. Such rules shall be adopted as provided in this
15 chapter and may establish. among other things:
16 A. Vehicle and equipment standards, including staffing.
17 The rules may provide for other governmental entities to impose
18 more stringent standards than those adopted hereunder;
Z19 B. Medically related personnel standards, including
u, 20 monitoring performance, mandating and testing acceptable
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=-0 22 education, and the terms of probationary periods for new
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�0 23 employees of licensees, employees who change certification
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z 24 levels, or in response to. concerns about health care delivery.
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u2 25 Rules relating to probationary periods shall be limited to
n 26 medical protocols and knowledge of the rules adopted hereunder ;.
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Page 2 - A-ENGROSSED ORDINANCE NO. 334 CC:BB:DEE: 0935d/10/6/88
1 C. Medical operating procedures;
2 D. General operating procedures, including response time
3 standards, dispatch priorities, standards and coordination with
4 the 911 system, protocols an& staffing levels . The rules shall
5 allow for substitution of EVIT personnel on ambulances with
6 state-licensed nurses or physicians having special training or
7 experience in emergency medical care as determined by the medical
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$ advisory board;
9 E. Reports;
10 F. Procedures for receiving and acting upon citizens ' input.
11 and complaints;
12 G. Standards and procedures for designation as a medical
13 resource hospital;
14 . H. Required insurance coverage;
15 I. Designation of ambulance service areas; provided,
16 however , that the standards for creating such areas shall be
17 based solely upon such standards as are necessary to ensure
efficient and effective provisions of quality ambulance service
19 as provided by state law and the State Health Division. ASA
J^ 20 rules shall be drafted so as to avoid, to the extent practicable,
�m 21 restrictions on f-ree entry into the marketplace and shall provide
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'0 22 a mechanism for redesignation toaccommodate new licensees or
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.0 23 expansions. ASA rules may provide for competitive bidding for
So P 9
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PIN 24 service areas and shall provide for appeal to the Board of County
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.J 25 Commissioners of final. decisions related to such bidding by
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5 26
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Page 3 - A-ENGROSSED ORDINANCE NO. 334 CC:B.B:DEE: 0935d/10/6/88.
I interested parties and for review upon the Board's own motion of
2 such decisions;
3 J. Communications;
4 K. Procedures for contested cases, investigations, issuance
5 of licenses and such other activities authorized by this code;
6 L. License, testing and other reciprosity agreements with
7 other jurisdictions;
8 M. Licensing and inspection fees; and
9 N. Ambulance franchising or contracting. No franchise
10 shall be . effective within an incorporated city unless the city
11 has consented by intergovernmental agreement.
12 5.12. 220 Rule adoption -- Effective date --Appeal.
13 A. The action taken by the policy board shall become
14 effective on the thirtieth day following filing of the .written
1s order with the clerk of the board of commissioners unless a
16 petition for review to the board of commissioners is timely filed
17 with the director, or the board of commissioners on its own
18 motion within the thirty days determines to review the action, or
Z 19 the action specifies a later effective date.
°vA 20 B. The petition for review must be filed within fourteen
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°m 21 days of the date the order -is filed with the clerk and shall
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Tc 22 state the alleged errors, the evidence and legal authority to be
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31 23 relied upon on appeal and the requested action by the board. The
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zm° 24 petition shall be accompanied by the fee set .forth, by resolution
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26
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u page 4 - A-ENGROSSED ORDINANCE NO. 334 CC:BB:DEE: 0935d/10/6/88
I appearance of record., either oral or in writing, shall be
2 entitled to file a petition for review.
3 C. All hearings on appeal shall be conducted on the record
4 in accordance with the rules for a public hearing adopted by the
5 board. The petitioner shall pay the cost of providing a
6 transcript of the initial hearing at least three days prior to
7 the board hearing. Failure to do so shall be jurisdictional .
8 SECTION 3
9 The Board hereby adopts the "By-laws" for the Washington
10 County Emergency Medical Services Policy Board (Policy Board ) as
11 set forth in Exhibit "A" , attached hereto but not incorporated by
12 reference. The Board hereby delegates to the Policy Board the
13 authority to amend such "By-laws" upon majority vote of the
14 membership of the Policy Board, provided that such "By-laws" as
15 amended conform to all state and local rev_uirements. The Board
16 may, upon request of the Policy Board or the EMS Director, or
17 upon its own motion, review and revise any such "Bv-laws" and
1-9 amendments to- the "By-laws'- as may be adopted by the Policy Board.
19 SECTION 4
20 The Office of County Counsel shall codify the changes made
21 by Section 2 of this ordinance, and is hereby authorized to make
22 any technical changes, not affecting the substance of this
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23 ordinance, as necessary to accomplish such codification.
24 Section 5
25 A determination by a court of competent P jurisdiction that -
26 any section, clause, phrase, or word of this Ordinance, or its
Page 5 - A-ENGROSSED ORDINANCE NO. 334 CC:BB•DEE• 0935d/10/6/88
1 application, is invalid or unenforceable for any reason shall not
2 affect the validity of the remainder of the Ordinance or its
3 application and all portions not so stricken shall continue in
4 full force and effect.
S Section 6
6 This ordinance, being necessary for the public health,
7 safety and welfare related to emergency medical services, shall
8 take effect upon its enactment.
9 ENACTED this 11th day of October , 1988, being
10 the fourth reading and second public hearing before the- Board
11 of County Commissioners of Washington County, Oregon.
12
13 BOARD OF COUNTY COMMISSIONERS
FOR WASHINGTON COUNTY, OREGON
14
15 S
CHAIRMAN
cj
16
1.
RECORDING CRETARY
18
19 READING PUBLIC HEARING
M FIRST 9-6-88 9-20-88
u, 20 SECOND 9-13-88 - 10-11-88
zz -- THIRD - 9-20-88
°m 21 FOURTH 10-11-88
zo FIFTH
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VOTE: Aye Larrance , Killpack MeekHays
23 Nay
J� Absent Rogers
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zn24 Abstain
o- Recording Secretary: j ', C-A �.:- P tc:• Date: 10-11-88'
}= 25
n 26
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Page 6 - A-ENGROSSED ORDINANCE NO. 334 CC:BB:DEE:0935d/10/6/88
Exhibit "A"
OFFICE OF EMERGENCY MEDICAL SERVICES
BY-LAWS
WASHINGTON COUNTY EMERGENCY MEDICAL SERVICES POLICY BOARD
Article I : Authority
The authority given to form the EMS Policy Board is derived from Washington
County Code, Chapter 5.12.
Article II : Name
This organization shall be known as the Washington County Emergency Medical
Services (EMS) Policy Board.
Article III : Membership
a. Membership shall be as provided in Sections
. 5.12.050 through 5.12.080
which estab fishes authority for the EMS* Policy Board.
b. After two, consecutive,. unexcused absences, the EMS Policy Board may
declare that position on the EMS Policy Board vacant. and direct the
EMS Coordinator to activate the selection process as contained in
Article VI , b.-h.. An excused absence shall be an absence for which
a reason other than an unwillingness to attend is conveyed to the
EMS Office prior to the meeting and approved as excused by the Policy
Board. AI-1 other.: absences shaII -be unexcused.
C. Board members shall serve at the pleasure of the appointing body.
d. Should a position on the EMS Policy Board be vacated for any reason,
the person selected to serve for the unexpired portion of the term
in that position, shall have been deemed to have served a term even
though less than a full two years is served. At the conclusion of the
term the selEctionprocess shal-i again be- activated_
Article IV: Officers
a. The officers of the organization shall be the chairperson and vice-
chai-rperson.
b. The chairperson shall be as provided in Section 5.12.050 and the vice-
chairperson shall .be elected from the membership at the first regular
meeting. They shall serve for a period of one year in this elective
position.
c. A secretary will be appointed by the chairperson.
d. In case of a vacancy occurring in any office, the vacancy shall be
filled no later than the second regular meeting after the occurrence
of such vacancy according to the procedure in Article VI , b.-h. .
By-Laws
Washington County Emergency Medical. Services Policy Board
page 2
Article IV: Officers (continued)
e. It shall be the duty of the secretary to keep minutes of all meetings
and carry out the duties directed by the, Board. Meetings shall be
tape recorded:.- The tapes shall be retained no less than five (5) years.
f. The officers of the Board shall perform, such other duties and functions
as may, from time to time, be required by the organization. or by the
By-laws or .Rules and Regulations of the Board.
Article V: Meetings.
a. Meetings shall be held according to directives from the chairperson
to the secretary who will notify members and parties who have requested
notification.
b. The place, date and hour of all meetings will be determined according
to agreement by the membership providing adequate notice can be given
to all members.
c. Three (3.) .members shall be necessary to constitute a quorum. All
actions of the Board shall requ-i re the affirmative vote of the majority
of members} present.
Article VI : Selection of Signator City and Rural Fire Protection District
TAS Policy Board Members
a. At the April :Policy Board meeting the Chair shall announce the expiring
Policy Board terms and request that the Sl'gnator City and Rural Fire:.
Protection District (RFPD) EMS Policy Board members whose terms are; not
expiring (holdover Policy Board members) contact or convene the respective
east or west Mayors of Signator Cities and AM Board Chairmen, whichever
is appropriate, regarding the selection of 'a Signator City and RFPD
nominee to the EMS Policy Board.
b. The EMS Coordinator shall confirm the Chair's request to the holdover
Policy Board members in writing and notify all appropriate Signator
Cities and RFPDs of the upcoming vacancies on the Policy Board. This
shall be done in April of each year following the April Policy Board
meeting.
c. The Signator City hol-dover EMS Policy Board member shall contact or
convene the Mayors of east or west Signator Cities, whichever i-s
appropriate, prior to the June Policy Board meeting. He/she shall
notify the EMS Coordinator. of the nominee. selected -by the appropriate
Signator Cities prior to the June Policy Board meeting.
d. The RFPD holdover EMS Policy Board member shall contact/convene the
east or west RFPD Board Chairmen, whichever is appropriate, as to the
RFPD EMS Policy Board nominee and notify the EMS Coordinator of the
nominee selected by the appropriate RFPDs prior to the June Policy
Board meeting.
By-Laws
Washington County Emergency Medical Services Policy Board
- page 3
Article VII.. Selection of Si nator_City and Rural Fire Protection District
Members continued
e. The Signator City and, RFPD EMS Policy .'Board members shall be selected
by majority, vote of 'the appropriate Signator Cities and RFPDs respectively
which respond, :I n writing, within 45 days after being contacted by their
holdover EMS Policy Board member. Each Signator City and RFPD shall
have one vote. Eastern Siignator Cities and RFPDs shall vote for their
respective Policy Board member and Western Signator Cities and RFPDs
for their respective Policy Board member.
f. For purposes of selecting EMS Policy Board members one of the Signator
City positions shall be filled by the following western cities provided
they are Signator Cities:, Hillsboro, Forest Grove, Cornelius, Gaston,
Banks and North Plains. One of the Signator City positions shall be
filled by the following eastern. cities, provided they are Signator
Cities: Beaverton,. Tigard, Tualatin, King City, Sherwood and Durham.
g. For purposes of selec ting EMS Policy Board members one of the RFPD
portions shall be filled by Washington County FPD #1 and Tualatin RFPD
or any succeeding legally merged FPD of these two eastern RFPDs. The
western' RFPD position shall be filled by the following RFPDs: Washington
County RFPD #2, Forest. Grove RFPD, Cornelius RFPD, Tri-Cities RFPD and
Gaston RFPD.
h. The EMS Coordinator shall coordinate the selection process with the
holdover City and RFPD EMS Policy Board members.
i. At the July Policy Board meeting the new Stgnator City and RFPD Policy
Board.members shall assume office.
Article Vll .. Adoption or Amendment of Rules or By-Laws
The-adoptton or amerrdmerrt -of these By-Laws shal l be by a f-our-f i f the (4/5)
vote of the members *of the EMS Policy Board at a regular. meeting.
Changes
to
Washington County Code, Chapter 5.12
by
Ordinance No. 334A Engrossed
The enclosed "A" Engross Ordinance 334 should be read .in conjunction.wi'th
Chapter 5.12. of the Washington County County Code (Also enclosed.) as only .those
Chapter 5.12 sections being modified or added to are contained in the
Ordinance.
Section 2 of "A" Engrossed Ordinance 334 changes three 5.12 Code sections.
Section 5.12.050
Language is added which establishes the selection procedure for EMS
Policy Board members as that contained in the by-laws. The by-laws
referred to by the Ordinance as Exhibit "A'.' contain the Ad Hoc Com-
mittee's recommendations as to the EMS Policy Board selection process.
The BOCC will be adopting these by-laws by reference. Of course they
may be changed by future Policy Boards. (See page 2, lei;nes 2 and 3
and lines 7 and 8.)
This Section also removes the eligibility requirement that Rural Fire
Protection ' strlCtS7not "provide services" to a Signator City sitting
on the EMS Policy Board. (See page 2, lines 5 and b.)
Section 3.12-190
l.anauaae is added which prov i des for 8= review of EMS Pol icy Board
decisions designating ambulance serv'.lce areas either by appeal or on
the Board's own motion- (Seepage 3, lines 24, 25 and page 4, lines
1 and 2-)
Section 3.12.220
Language is addled to allow BOLL on its own motion to review azry nils
adopted-by the » Policy Board.
Section 3 provides for $OCC to adopt the by-laws recommended by the Ad Hoc
Committee and at the same time delegates the authority for amendment to the
M. Pol ity Soares ISee-- :t-*W* or amendment process-)"
Section 4 authorizes editorial changes by 'County Counsel. Section.5 is a
severability clause and Section b is an emergency clause making the Ordinance
effective. October- 11 , 1,988 if adopted by BOCC.
Chapter 5. 12
EMERGENCY AMBULANCE SERVICES
Sections:
5. 12. 010 Purpose and intent.
5.12. 020 Definitions..
5. 12. 030 Exemptions.
5.12. 040 Compliance required.
5. 12. 050 EMS policy board--Created.
5. 12. 060 EMS policy board--Membership.
5. 12. 07.0 EMS policy board--Term.
5.12. 080. EMS policy board--Authority and duties.
5. 12. 090 Director--Appointment.
5.12. 100 Director--Duties.
5. 12. 110 Director--Authority.
5. 12. 120 EMS advisory council--Created--Membership.
5. 12. 130 EMS advisory council--Procedures generally.
5. 12.140 EMS advisory council--Duties.
5. 12. 15.0 EMS medical advisory board--Membership.
5: 12. 160 EMS medical advisory board--Appointment.
5.12. 170, EMS medical advisory board--Terms.
5.12. 180 EMS medical advisory board--Powers and
duties.
5. 12. 190 Rule adoption--Scope.
5. 12.200 Rule adoption--Notice.
5.12.210 Rule adoption--Hearing.
5. 12. 220 Rule adoption--Effective date--Appeal.
5.12.230 Rule adoption--Reversal.
5.12.240 Rule adoption--Finding. of procedural error.
5:12. 250 Emergency rules--Procedures generally.
5.12. 260 Emergency rules--When medical advisory board
chairman recommendation required.
5. 12.270 Emergency rules--Post-adoption procedures-
5.12.280 Rules--Copies.
5.12.290 Rules--Compilation.
5. 12.300 Rules--Petition.
5. 12. 310 EMS license--Created.
5. 12. 320 EMS license--Application.
5.12.330 EMS license--Denial restriction-
5.12.340
estriction5.12.340 EMS license--Issuance.
5. 12. 350 Ambulance license--Created.
5.12.360 Ambulance license--Application.
5. 12. 370 Ambulance license--Issuance.
5. 12.380 License--Terms:
5.12.390 License--Renewal application.
5.12.400 License--Renewal inspection.
5. 12. 410 License--No expiration upon timely renewal.
5.12. 420 License--Fee payment required.
5.12.430 License--Application denial notice. - z
128
5. 12. 010--5.12. 020
'.� 5. 12. 440 License--Amendment.
5. 12.450 License--Correction of violations.
5.12,.46:0 License--Investigation.
5:12. 470 License hearing--Request filing.
5. 12;. 480 License hearing--Council and board notice of
action.
5. 12 4;9;0 License * hearing--Conduct,
5.12.500 Petition for reconsideration.
5. 12. 510 Intergovernmental agreements.
5. 12.52'0 Transition provisions.
5. 12.53'0 EMS fund established.
5.12.540 Prohibited activities.
5. 12. 550 Violation--Penalty.
5.12. 010 Pur ose and intent. A. The county board of
commissioners determines -that the protection of the health,
safety and general welfare of. the citizens of the county
requires that emergency medical services be regulated so as
to provide prompt:, effective, efficient and safe service.
B. The -board- finds that it is required by state law to
develop a plah •relating to the. need and coordination of am-
bulance services, and establishing ambulance service . areas
for the efficient and effective provision of such services
and is authorized to provide regulations more stringent than
those adopted by the State- Health Division. (Ord. 277 51,
1983)
5. 12. 020 . Definitions. As used in this chapter, unless
the context requires otherwise:
A. "Administrative rules" means the rule's relating to
emergency medical services adopted as provided for in this
chapter. Duly promulgated rules shall have the force of.
law.
B. ' "Advanced Life support services" means prehospital
* and interhospital emergency .care which encompasses, in addi-
tion to basic. life support functions, cardiac monitoring,
cardiac defibrillation, administration. of antiarrhythmic'
agents, intravenous therapy, administration of medications,
drugs and solutions, use of adjunctive medical devices and
other techniques and• procedures, identified by rules adopted
by this chapter.
- C. "Ambulance" means any privately or publicly owned
motor. vehicle', aircraft or marinecraft that is regularly
provided or offered to be provided for the regular emergency
transportation of persons suffering from illness, injury or
disability, including any unit registered, with the state. of
Oregon as :an advance life support ambulance.
D. "Board" means the board of county commissioners of
the county..
E. "Council". means the emergency medical services ad-
visory council established under this chapter.
F. "Director" means the person designated by the board
129
5. 12.020
to administer and enforce the provisions of this chapter, or
the director' s delegee.
G. "Disaster," otherwise known as "mass casualty inci-
dent, " means any incident involving fve. or more critical, ,
or .potential for a total of fifteen or more patients.
H. "Do business" or "operate an ambulance'" in the
county means to provide private or public emergency ambu-
lance service in the unincorporated portion of the county,
or within any city that has entered into an intergovern-
mental agreement as provided in Section -5. 1.2.510; provided,
however, that transporting patients from outside the county
to within the county only shall not be considered doing
business or operating an ambulance within the county.
I. "Emergency" means any nonhospital occurrence or
situation involving illness, injury or disability requiring
immediate medical or psychiatric services.
J. "Emergency medical services" or "EMS" mean those
prehospital functions and services which are required to
prepare for and respond to emergencies, including rescue,
ambulance, treatment, communications, evaluation and .public
education. "Emergency medical services" do. not include
services of a fire department which does not provide
advanced life support services.
K. "Emergency medical technician" or "EMT" mean a per-
son so certified by the State Health Division or the State
Board. of Medical Examiners.
L. "Employee" means an employee, agent or driver em-
ployed by a licensee.
M. "License" means a nontransferable, nonassignable
authorization, personal to the person to whom it is issued,
issued by the -director and authorizing the person whose name
appears thereon to do business in the county.
N. "Medical advice" means medically related instruc-
tion, direction, advice, and professional support given to
an EMT via radio or telephone communications by physicians
at a medical resource hospital, for the purpose of assisting
in the provision of prehospital on-site and in-transit basic
and advanced life support services.
0. "Medical advisory board" means the emergency
medical services medical advisory board established under
this chapter.
P. -"Medical resource hospital". means a medical facili-
ty designated under the rules adopted under this chapter as
having the capability to provide verbal advice and support
to EMT' s at the scene of medical emergency.
Q. "Party" means:
1. Each person or agency entitled as of right to a
hearing;
2. Each person or agency named by the policy board,
as. defined below;
3. Any person requesting to participate as a party
or in a limited party status who is determined either to
130
5. 12. 030--5. 12. 040
have an interest in the outcome of the proceeding or rep-
resents a public interest in such results.
R. "Patient" means. an individual who, as a result of
illness or injury, needs immediate medical attention.
S. "Person" means an individual, partnership, company,
association,, corporation or .any other legal entity, includ-
ing any receiver, trustee,, assignee or similar representa-
tive
T. "Policy board" means the emergency medical services
policy board established under this chapter.
U. .. "State Health Division" means the Health Division
of the Department of Human Resources of the state of Oregon,
or its successor.
V. "Vehicle" means an ambulance or fire department
rescue unit which is used in the provision of emergency med-
ical services, but does not include a fire engine or ladder
truck. (Ord. 277 52, 1983)
5. 12.030 Exemptions. Notwithstanding any other pro-
vision, this chapter and the rules adopted hereunder shall
not apply to,:- ,
A. . Vehicles owned by or operated under the. control of
the United States Government or the state of Oregon,;
B. Vehicles being used to render temporary assistance
in the case of a •disaster, or an emergency with which ambu-
lance services of surrounding localities are unable to cope,
or when directed to be used-to render temporary assistance
through an alarm/dispatch- center or a public official at the-
scene of an accident; ,
C. Vehicles operated solely on private property or
within the confines of institutional grounds, whether or not
the incidental crossing of any public street, !road or high-
way serving the property or grounds is involved;
D. Vehicles operated solely for the -transportation of
. lumber industry employees;
E. Any person who owns, drives or 'who. attends a pa-
tient transported in a vehicle under subsections A through D
of this section;
F. Any person who by state or- federal license is au-
thorized to attend patients, except EMT's and EMT trainees
as provided under this chapter;
- .-.-..- G!. Ambulance companies that only provide service to
fulfill nonemergency transportation contracts with specific
organizations provided the ambulance company and the orga-
nization are on a current basis identified and on file with
the director. (Ord. 277 §4, 1983)
5.12. 040 Compliance required.. A. It is unlawful for
any person to provide or allow to be provided emergency am-
bulance services in the county without first obtaining a
license to operate an ambulance from the director.
B. It is unlawful for any person to operate, or allow
131
.'5. 12.050--5. 12.(
to be operated, an ambulance in the county for emergency
use, other than transporting patients from outside the coun-
ty to within -the county, unlessa valid ambulance license
has been issued for the vehicle by the director:.
C. It. is unlawful, for any licensee to operate, or al-.
low to be operated, an ambulance for emergency transport
that is not equipped and attended as required by rules
adopted pursuant to this chapter or to operate or allow to
be operated an ambulance in a manner in violation of this
chapter or the rules adopted thereunder.
D. "To allow to provided or operated" does not include
mere issuance of a- business license or land use approval.
(Ord. 277 §3, 1983)
5. 12. 050 EMS policy board--Created. There is created
an EMS policy board which shall consist of the following
five members:
A. A county commissioner appointed by the board, who
shall be the chairman of the policy board;
B. Two city council members or mayors appointed by the
incorporated cities which have entered into an intergovern-
mental .agreement authorizing enforcement of this chapter
within their city limits as provided in Section 5. 12. 510.
No two members shall be from the same. city; and
C. -Two members of the board of directors of a rural
fire protection district, which does not provide services to
a city .having. an. elected official - on' the policy board, to be
appointed by the district boards. No two members shall be
from the same district. (Ord. 277 §5 (A) , 1983)
5. 12.060 EMS. _policy board--Membership. Policy board
membersshall be elected public officials. The members of
the policy board shall serve without :compensation and may be
removed by a majority vote of the members of the relevant
appointing body or bodies. (Ord. 277 §5 (B) , 1983) •
5.12. 070 EMS policy board--Term. Terms of office
shall be two years with a limit of two consecutive terms,
except that the initial term .of one representative from the
cities and one from the districts shallbe one year as de-
cided by lot. Membership shall immediately cease upon leav-
ing public -office and a. vacancy shall exist until a new rep-
resentative is appointed by the relevant body or bodies to
serve out the remaining term. Terms shall expire on June -
30th. (Ord. 277 S5 (C,) , 1983)
5. 12..080 EMS policy board--Authority and duties. The
policy board. is delegated .the, authority, duty and respon-
sibility to administer this chapter, subject to the ultimate
authority of the board of commissioners. More specifically,
the policy board shall: ,
A. Oversee the operation of the licensing, inspection
132
5. 12. 090--5. 12. 120
3 and regulatory system adopted by this chapter;
B. Hear and determine appeals of license denials or
revocations by the director and final decisions thereon
C. Recommend to the board of commissioners the hiring
of an EMS director and such other persons as are necessary
to carry out this chapter, and make recommendations as to
the duties and authority of such person;
D. Conduct hearings on :and take action on administra-
tive rules proposed under this chapter, subject to appeal to
the board' of commissioners; and
E. Exercise such other powers and perform such other
duties as are set forth by resolution and order of the board
to effectuate this chapter. :(Ord. 277 55 (D) , 19 83)
5. 12.090 Director--Appointment. Upon creation and
funding of the position by the board of commissioners, the
county administrator shall appoint an .EMS director. (Ord.
277 WA). , -1983)
5. 12. 100 Director--Duties. The EMS. director shall
administer and enforce this chapter and shall perform such
duties as are set forth in the county administrative manual
or by resolution and order of the board. (!Ord. 277 §6 (B) ,
1983)
5. 12. 110 Director--Authority. The director shall have
the- authority to issue, suspend or revoke licenses, propose
..administrative rules or amendments thereto, adopt emergency
rules, seek judicial enforcement of this code and take such
other, action to'--carryout this chapter and the rules adopted
pursuant thereto. (Ord. 277' §6 (C) , 1983)
5.12. 120 EMS advisou council--Created--Membershi
There—Es created an EMS advisory counc s a 1 consist
of the following;
A. One representative from each city in the county
which enters into an intergovernmental agreement for en-
forcement of this chapter as provided in Section 5. 12. 510;
B. One representative from the police department and
one from the fire department of each city which enters into
an agreement as provided above;
- C_ One general representative from the county, one
from the county emergency planning office, and one from the
county sheriff;
D. One representative from each medical resource hos-
pital in the county;.
E. One representative from each rural fire protection
district;
F. One representative from each designated 911 emer-
gency communications center;
H. One representative from the Oregon State Police;
�^'-�, I. One representative from each private service
-
133
'5. 12.130--5. 12.1,-
provider licensed to do business in the county; and
J. One member of the public not affiliated with the
health care industry, to be appointed by the county board of
commissioners. (Ord. 277 S7 (A) , 1983)
5. 12. 130 EMS advisory council--Procedures Qenerally.
The members of the EMS council. shall 7be appointed by .the
governing body or other appointing authority of each, respec-
tive organization. Members -shall serve without compensation
and at the pleasure of the organization represented. The
terms of office shall be two years with a two consecutive
term limit on the number of terms. The council shall adopt
rules of procedure specifying a quorum, meeting times and
other procedural matters. The rules shall provide that each .
governmental jurisdiction have only one vote, regardless `of
the number of representatives. The board may appoint addi-
tional nonvoting advisory members by resolution and order.
(Ord. 277 S7.(B) , 1983)
5. 12. 140 EMS advisory council--Duties. The EMS coun-
cil shall advise the board of commissioners and the policy
board on all matters relating to emergency.medical care.
The specific authority, duties and responsibilities of the
council shall be established by the policy board. (Ord. 277
S7 (C) , 1983)
5. 12. 150 EMS medical advisory board--Membership.
There is created an EMS medical advisory board which shall
consist of the following:
A. . One.-emergency physicianfrom each of the :following
hospitals: Meridian Park, Tuality, St. Vincents, and Forest
Grove Community. The physicians shall be interested and
involved in prehospital emergency care. A physician shall
be the Additional hospitals which provide
emergency medical care for citizens of the -county may be
added by rule;
B. One representative from the Emergency Department
Nurses Association;
C. One certified EMT;
D. One representative of the Washington County Medical
Society; and
E. One physician involved in ongoing education of li-
censees ani their employees. (Ord. 277 S8 (A) 1983)
5. 12. 160 EMS medical advisory board--Appointment. The
EMS council shall announce vacancies, receive applications,
screen candidates, and make recommendations prior to ap-
pointment of medical advisory board members by the policy
board. (Ord. 277 S8 (B) , 1983)
5. 12. 170 EMS medical advisory board--Terms. Medical
advisory board members shall serve without compensation.
134
5. 12. 180--5. 12. 190
Terms shall be two years with a limit of two consecutive
terms, except that the terms of the initial board shall be
staggered such that one physician shall serve one year and
two shall serve .two years. Initial terms shall be-decided
by lots drawn by the chairperson of the policy board.. Mem-
bers may be removed at the discretion :of the policy board. .
Terms shall expire on June 30th.' . (Ord. 277 §8 (C) , 1983)
5. 12. 180 EMS medical advisory board--Powers and du-
ties. The medical. advisory board shall have the following
powers and. duties:
A. Assist in investigations under the supervision of
the director and advise the director and policy board on all
medical-related issues regarding issuing, suspending and
revoking licenses;
B. Recommend to the director and policy board rules
and amendments relating to protocols for prehospital patient
care, emergency equipment, EMT training and medications;
C. Periodically review the policies and procedures of
hospitals receiving ambulances and report to the director
and policy board;
D. Adopt rules of procedure; and
E. Perform such other functions as are necessary to
carry out the provisions of this chapter, the rules oras
directed by the policy board. (Ord.. 277 . S8 (D) , 1983)
5.12. 190 Rule adoption--Scope. The director may, in
writing, recommend to the-policy board, or the policy. board
may propose on its own motion, adoption, amendment or repeal
of administrative rules deemed necessary to achieve the pur-
•po'se of this chapter. Such rules shall be adopted as pro-
vided in this chapter and may establish among .other things:
A. Vehicle and equipment: Standards, including .staff-
ing. The rules may provide for other governmental-.entities
to- impose more stringent standards than those adopted here-
under;
B. Medically related personnel standards, including
monitoring performance, mandating and testing acceptable .
knowledge of response -'and medical protocols, continuing edu-
cation, and the terms of probationary periods for new em- '
ployees of licensees, employees who change certification
levels, or IrL. response to concerns about health care .deliv-
ery. Rules relating to probationary periods shall be limit-
ed to medical protocols and knowledge of the rules - adopted
hereunder;
C. Medical operating procedures;
D. General operating; procedures, including response
time standards, dispatch priorities, standards and coordina-
tion with the 911 system, protocols and- staffing levels.
The rules shall allow for substitution of EMT personnel on
ambulances with state-licensed nurses or physicians having
135
special training or experience in emergency medical care as
determined by the medical advisory board;
E. Reports;
F. Procedures for receiving and acting upon citizens'
input and complaints;
G. Standards and procedures for designation as .a medi-
cal resource hospital;
H. Required insurance coverage;
I. Designation of ambulance service areas; provided,
however, that the standards for creating such areas shall be
based solely upon such standards as are necessary to ensure
efficient and effective provisions of quality ambulance ser-
vice as provided by state law and the State Health Division.
ASA rules shall be drafted so as to avoid, to the extent
practicable, restrictions on free entry into the marketplace
and shall provide a mechanism for redesignation to accommo-
date new licensees or expansions. ASA rules may provide for
competitive bidding for service areas;
J. Communications;,
K. . Procedures for contested cases, investigations,
issuance of licenses and such other activities authorized by
this code;
L. License, testing and other reciprosity agreements
with other jurisdictions;
M. Licensing and inspection fees; and.
N. Ambulance franchising or contracting. No franchise
shall be effective within an incorporated city unless the
city has consented. by intergovernmental agreement. (Ord.
277 59-(A) , 1983)
5. 12. 200 Rule adoption--Notice. A. Except as provid-
ed in Sections 5.12.250 through 5. 12.270, prior to the adop-
tion or repeal of any rule by the policy board, notice of
the proposed adoption, amendment or repeal shall be given:
1. By publication in a newspaper of general circu-
lation in the county at least ten days prior to the day of
intended action;
2. At least thirty days' notice .by mail to all mem-
bers of the EMS council, medical advisory board, to all cur-
rent licensees and to- those persons who are on -file as hav-
ing requested notice from the director; and
3. -- Such other notice as the director deems neces-
sary to provide a reasonable opportunity for interested per-
sons to be notified of the .proposed action.
B. The notice required by subsection A of this section
shall state the subject matter and purpose of the intended
action in sufficient detail to inform a person that the per-
son's interests may be affected,, .and the time, place and
manner in which interested persons may present their views
on the intended action. It shall inform the reader that a
copy of the proposal and the director' s recommendation is
available for inspection. (Ord. 277 §9 (B) , 1983)
136
12. 210--5. 12 . 220
5. 12. 210 Rule adoption-.-Hearing. A. The policy board
F shall conduct a public hearing on the adoption, amendment or
repeal of proposed rules. The hearing shall be conducted as
provided by rule.. Until such time as the policy board is
established and hearing procedures are adopted by rule,.
hearings shall be 'conducted as provided by resolution and
order of the 'board of commissioners, or in the absence
thereof, in accordance with the .Model Rules of Procedure, as
established by the Attorney General,. OAR 137-01-030 (Nov.
1981) .
B. A decision by the policy board shall be preceded
by:
1. A written recommendation from the director;
2. The recommendation, if any, of the EMS council;
and
3. A reasonable opportunity for testimony from the
public.
C. No rule relating to training standards, medical
protocols, medical equipment or resource hospitals shall be
adopted, amended or repealed without the policy board first
providing the medical advisory committee a reasonable oppor-
tunity to make a recommendation. The recommendation shall
be followed unless the policy board specifically de'te'
rmines
that the recommendation is clearly outweighed byy -a counter-
vailing interest of the general public.
D. The policy board shall adopt a written order set-
ting forth its action, together with find'ings. regarding:
1. the legal authority for the action; and
2. The need for the action and how the action ful-
fills that need.. (Ord.. 277 §9 (C) ; 1983)
5.12.220 Rule -adoption--Effective date- Aoaeal. A.
The action taken by the pol-icy board shall become effective
on the fourteenth day following filing of the written order
with the clerk of the board of commissioners unless a- peti-
tion for review to the board of commissioners is timely
filed with the director or the action specifies a later ef-
fective date.
B. The petition for review must be filed within four-
teen days of. the date the order is filed with the clerk and
shall state .the alleged errors, the evidence and legal au-
thority to be. relied- .upon. on appeal and the requested action
by the board. The petition shall be accompanied by the fee
set forth by resolution and order of the board. Only those
parties who made an ,appearance of record, either oral or in
writing, shall be entitled to file a petition for review.
C. All hearings on appeal shall be conducted on the
record in accordance with the rules for a public hearing
adopted by the board_ The petitioner shall pay the cost of
13`7 (Washington County
4/87)
• 5 . 12 . 230--5 . 12 '10
providing a transcript of the initial hearing at least three
days prior to the board hearing. Failure to do so shall be
jurisdictional. (Ord. 277- §9 (D) , 1983)
5. 12 . 230 Rule adoption--Reversal. The board shall
reverse or modify the decision of the policy board only if
it finds that the action was taken without legal authority .
or contravenes the. intent and .purpose of this chapter:.
(Ord. 277 59 (E) , 1983)
5. 12. 240 Rule adoption--Finding of procedural error.
An action of the policy board shall be invalidated for pro-
cedural error only if found by the board of' commissioners to
have substantially prejudiced the rights of the petitioner.
When practicable, the board may order such corrective action
as it deems necessary to . remedy the procedural error and
avoid invalidation. (Ord. 277 §9 (F) , 1983)
5. 12. 250 Emergency rules--Procedures generally. Not-
withstanding any other provision, if the director finds that
failure -to act promptly will result in serious prejudice to
the public interest or the interest of the parties' con-
cerned, and sets forth in writing the specific reason for
taking action, the director may proceed to adopt, amend or
suspend a rule without notice or hearing or upon any .abbre
viated notice and hearing deemed practicable. Such an
action shall be preceded by at, least twenty-four hours ' ad-
vance notice to the chairperson of the policy board. Such
rule is temporary and shall be effective upon filing with
the clerk of. the board for a period of not longer than one
hundred eighty days. The subsequent adoption by .the policy
board of an identical rule '-is_ not precluded. Within four-
teen- days following the date of filing of a temporary rule-,
the director shall prepare the complete recommendation re-
quired by Section 5. 12.210 of this chapter. The statement
shall be available for public inspection during regular
business hours at the main office of the director. A rule
temporarily suspended shall gain effectiveness upon ex-
pisation of the temporary period of suspension unless the
rule is repealed_ An. emergency rule may be appealed to the
policy board in the same manner as an appeal of a rule to
_ _the board-.of commissioners, except that the effect of the
rule shall not be stayed pending appeal unless otherwise
directed by the policy board. (Ord. 277 §10 (A) , 1983)
5. 12. 260 Emergency rules--When medical advisory board
chairman recommendation required. No emergency action re-
lating to a rule shall be taken without first obtaining a
favorable recommendation from the chairman. of the medical
advisory board if the action relates to training standards,
medical protocols, medical equipment or medical resource
hospitals. If feasible, the recommendation of the
(Washington bounty 138
4/87)
5. 12. 270--5. 12. 340
appropriate board shall be obtained prior to action. (Ord.
277 S10 (B) , 1983)
5. 12. 270 Emergency rules--Post-adoption proce'dure's
Upon adoption,. a copy of an emergency rule shall be sent to
all members of the policy board, EMS council, medical advi-
sory council and to all licensees. Emergency rules may be
appealed to the board as provided for other rules.. (Ord.
277 S10 (G) , 19;83)
5. 12. 280 Rules--Copies. The director shall, upon re-
quest and payment of a fee .to cover cost, supply copies of
rules, or orders or designated parts thereof. (Ord. 277
Sll (A) , 1983)
5. 12. 290 Rules--Compilation. The director shall com-
pile and index all rules. The compilation shall be supple-
mented or revised as often as necessary. Such compilation
supersedes any other rules. (Ord. 277 S11 (B) , 1983)
5. 12. 300 Rules--Petition. An interested person may
petition the director and reques.t .the promulgation, amend-
mentor repeal of a rule. The director shall promptly pro-
vide copies of the petition to the EMS council for review.
The director shall promptly forward the request to the. pol-
icy board with a recommendation. Not later than thirty days
after the date the policy board receives the petition, the
policy board either shall deny the petition in writing or
shall initiate rulemaking proceedings. The form of the pe-
tition and the procedures for consideration- of the petition
shall be in substantial conformity with the Attorney Gener-
al's Model Rules *of Procedure, Rule 137-01-070. (Ord. 277
Sll (C) , 1983)
5.12. 310 EMS license--Created. There is created an
emergency medical service license which shall be obtained by
all persons, including public entities, prior to- doing busi-
ness in the county. (Ord. 277 S12 (A) , ' 1983)
5. 12. 320 EMS license--Application. Applications shall
be submitted on such forms and accompanied by such informa-
tion as is required by the director. ford. 277 812 (B) ,
1983)
5. 12. 330 EMS license--Denial restriction. Unless a
franchise or contract is authorized by rule, no license
shall be denied due to competitive market impacts. (Ord.
277 S12 (C) , 1983)
5. 12. 340 EMS license--Issuance. No license shall be
issued unless the director first determines that:
A. A complete and accurate application has been filed;
139
5.. 2.350--5. 12.4?"
B. Proof of . insurance as required by the rules has
been submitted. The insurance shall .be subject to a sixty-
day advance advance notice to the director prior to cancellation;
C. All requirements of this chapter and the rules have
been complied with and. the director determines the applicant
and all employees will do business in conformance with this
chapter and the. rules.. (Ord. 277 §12 (D) , 1983)
5.12. 350 Ambulance, license--Created. There is estab-
lished an ambulance license which shall be obtained prior to
operating any vehicle as an ambulance in the county. Each
vehicle shall be separately licensed. (Ord. 277 513 (A) ,
1983)
5. 12. 360 Ambulance license--Application. Applications
shall be submitted on such forms and accompanied by such
information as is required by the director. (Ord. 277
§13 (B) , 1983)
5.12. 370 Ambulance license--Issuance. No license
shall be issued unless it is first determined. that:
A. The applicant holds or will be simultaneously is-
sued an emergency medical services license;
B. The .ambulance meets all dimensional, sanitation,
equipment and other standards prescribed by this chapter and
the rules. (Ord. 277 §13 (C) , 1983)
5.12.380 License--Terms. Licenses shall be valid for
twelve-month periods unless revoked or superseded. (Ord.
277 §14 (A) , 1983)
5.12. 390 License--Renewal application. An application
for renewal of a license shall be made no less than thirty
days prior to expiration of the current license. ('Ord. 277
§14 (B) , 1983)
5.12.400 License--Renewal inspection. Inspection and
tests .of all vehicles, equipment and procedures shall he
made as• provided by the director prior to annual renewal of
a license. (Ord. 277 §14 (C) , 1983)
5.12. 410 License--No expiration upon timely renewal.
If the licensee has made timely application for renewal,
such license shall not be deemed to expire, despite any
stated expiration date thereon, unless the director has
issued a formal order of grant or denial of such renewal.
(Ord. 277 §14 (D) , .1983)
5.12.420 License--Fee payment required. All license
applications and renewals shall be accompanied by the fee
established by rule. (Ord. 277 §14 (E) , 1983)
F
140
5. 12. 430--5. 12. 470
5.12. 430 License--Application denial notice. fin the
event the director denies an application, refuses to renew a
license or revokes or suspends a license, the director shall
give the applicant or licensee written notice of the. action
stating clearly and succinctly the facts and the conclusions
and ordinance or rule provisions upon which the -action is
based, advising the, applicant .of the right to appeal, and
the time within which an appeal must be filed. The appli-
cant or licensee may submit an amended application without
additional fee,; or may appeal as provided below. (Ord. 277
§15 (A) , 19'83)
5. 12. 440 License--Amendment. During a license year an
application upon which a license has been issued may be
amended, and an amended license may be issued for the bal-
ance of the original or renewed license period. (Ord. 277
515 (B) , 1983)
5. 12. 450 License--Correction of violations. The di-
rector shall, upon a finding. that the licensee is doing
business or operating an ambulance in violation of .this
chapter or applicable federal, state, municipal or county
laws, ordinances, rules or regulations provide. written no-
tice to the licensee of the violation, and shall demand that
the violation be corrected within not more than thirty days
from thedate of the notice, subject to the director' s power
to immediately suspend or revoke a license. The notice
shall describe with reasonable certainty the violation, the
action necessary to correct the violation, and the possible
sanction if any.
A. The licensee shall be responsible for notifying the
.director when corrective action has been taken and the di-
rector shall then make an inspection,. if necessary.
B. If a licensee fails to take corrective action in
the time required, the director�_.may notify the licensee that
the license is revoked or suspended, subject to the right to
appeal. Notice shall be by registered mail or personally
delivered. (-Ord. 2-77 515 (C) , 1983)
5_. 12. 1-6D License--Investigation. The director may
make inspections, obtain warrants, subpoena records , obtain
testimony. under oath and take such other actions as are
deemed necessary to investigate any applicant or licensee.
(Ord. 277 §15 (D) , 1983)
5 12. 470 License hearin --Recruest filing. A person
receiving a notice from. the director of a denial, refusal to
renew, suspension, 'revocation or violation as provided in
this chapter may request a hearing by filing a written re-
quest with the director within fourteen days of issuance of
the notice, setting forth reasons for the hearing and the
,WL, issues to be heard. The director may prescribe forms for the
141
5. 12.480--5. 12.51
filing of an appeal.
A. Filing of a hearing request shall abate the suspen-
sion or revocation; provided,. however, that in any case
where the director finds: a .serious danger to. the public
health or safety, the director may issue an order making the
action effective immediately, but if the. :applicant licensee
demands a hearing within fourteen days after the date of.
notice of the order, then a hearing must -be .granted as soon
as practicable after such demand, and no later than twenty
days after receipt of demand of a hearing, and the policy
board shall issue an order pursuant to such hearing confirm-
ing, altering or revoking the director's emergency order..
B. The director, upon receipt of a timely request for
hearing, shall promptly notify the policy board and shall,
within fourteen days,, set a time and place for hearing,
which shall be not, more than thirty days from the date of
receipt of request for hearing. (Ord. 277 515 (E) , 1983)
5. 12. 4.80 License hearing--Council and board notice of
action. The director shall notify the EMS council ofthe
proposed action. The director shall notify the medical ad-
visory board if the action is based on a medically related
finding. (Ord. 277 515 (F) , 1983)
5.12. 490 . License hearing--Conduct. The hearing shall
be conducted in accordance with the rules adopted by rule
for denial or revocation of. permits, or if no such rules
have been adopted, in substantial conformity with the rele-
vant Attorney General' s Model Rules of Procedure,. November
17, 1981. (Ord. 277 S15 (G) , 1983)
5. 12. 500 Petition. for reconsideration. A. The policy
board may reconsider a final order upon. the filing of a. pe-
tition for reconsideration within fourteen days after issu-
ance of the order. If no action is taken by the policy
board within fourteen days after the petition is filed, the
.petition shall he deemed denied. if the petition is allowed
by the policy board, a hearing on the reconsideration shall
be held and an amended order shall be issued. Only those
policy board. members who voted in the original hearing on
the appeal may vote on. whether to allow a petition for recon-
sideration-
B...
econ-
si d.eration.B.. Reviewof the final decision of the policy board
shall be taken solely and exclusively by writ of review in-
the manner set forth in ORS 34. 010 to 34. 100. (Ord. 277
S'15 (H) , 1983)
5.12. 510 Intergovernmental agreements. The county
administrator and. emergency services. director are authorized
to negotiate intergovernmental agreements authorizing en-
forcement of this chapter within the incorporated areas of
142
5.12. 520--5. 12.540
-� the county. Such agreements shall be subject to approval by
the board of commissioners. (Ord. 277 516, 1983)
5. 12.520Transition provisions. A. Notwithstanding
any other provision, the EMS policy board shall not be
established until such time as intergovernmental agreements,
as ,provided in Section 5. 12. 510, are ,entered into by the
board and the respective city councils of three incorporated
cities. The policy board shall ,be empowered'to perform the
duties and responsibilities set forth in this chapter on the
thirteenth day after the filing with the clerk of the board
of the resolutions appointing the members set forth in Sec-
tion 5. 12.050.
B. . Until such time. as the policy board is established
and empowered as provided above, the board of county commis-
sioners shall act as the policy board.
C. All persons doing business in the county on the
effective date of the ordinance codified in this chapter
shall have thirty days from the date of notice of availabil-
ity from the director to file an application for the li-
censes provided for herein. In the interim, all persons
currently doing business or commencing to do business shall
comply with the provisions of this chapter and the rules as
if they were licensees. (Ord. 277 §18, 1983)
5.12.530 EMS fund established. There is established
an EMS fund to be administered by the county department of
finance or its successor. All license, inspection or other
such fees shall be deposited in this fund. .All such fees
shall be dedicated to, and used only for, payment of the
costs of administering the EMS regulatory system provided
for in this chapter, including compensation for the director
and support personnel, equipment, supplies, legal costs and
overhead. (Ord. 277 §19, 1983)
5. 12. 540 Prohibited activities- No applicant or li=
censee, applicant's or licensee' s employee or any other per-
son doing business as defined hereunder shall:
A. Make a false statement of a material fact, or omit
disclosure of a�material fact, in an application for a li-
cense;
B. Monitor or-intercept emergency medical services
communications for profit or gain;
C. Solicit information as to accident locations by
payment of any form of gratuity;
D. Charge for services. not performed or make duplicate
charges for the same service;
E. Perform services of an EMT or EMT trainee unless
authorized by state law, this chapter and the rules adopted
hereunder;
F. Contact by radio or telephone for the purpose of
receiving medical advice, a hospital which has not been
143
a• �. 12.550
approved as a medical resource hospital under the rules
adopted in this chapter. Nothing, in this chapter shall
prevent an EMT from contacting,, the. patient' s private
physician or the licensee' s physician advisor;
G. Fail or refuse to respond to notice of a medical
. .emergency from an authorized alarm/dispatch center whenthe
ambulance subject to call is, available for service;
H. Falsify, deface or-obliterate any license or cer-
tificate required under this. chapter;
I. Transport an emergency patient in any vehicle other
than a licensed ambulance; or
i. Violate any provision of the chapter or any rule
duly enacted hereunder. (Ord. 277 517, 1983)
5. 12.550_ Violation--Penalty. A. In addition to any
other provision, a violation of any provision of this chap-
ter or the rules adopted pursuant to this chapter shall be
punishable by a fine of not more than two hundred fifty dol-
lars per occurrence. Each day of violation is deemed a sep-
arate occurrence.
B. Violators shall be cited and prosecuted pursuant to
the county uniform citation procedures. (Ord. 277 §20,
1983)