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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 00,?_' '9C8 "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 u,. Z^ - °m 21 members: c� ZuA. A county commissioner appointed by the board, who shall 22 W 3g be the' chairman of the policy board; 23 Jc ZC 24 B.. Two city council members or mayors, to be appointed by �J 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 z:! °m 21 knowledge of response and medical protocols, continuing �m z =-0 22 education, and the terms of probationary periods for new QW �0 23 employees of licensees, employees who change certification UJ z 24 levels, or in response to. concerns about health care delivery. 3J u2 25 Rules relating to probationary periods shall be limited to n 26 medical protocols and knowledge of the rules adopted hereunder ;. 0 u 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 P $ 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 _m �Q '0 22 a mechanism for redesignation toaccommodate new licensees or SW . .0 23 expansions. ASA rules may provide for competitive bidding for So P 9 JG PIN 24 service areas and shall provide for appeal to the Board of County )J .J 25 Commissioners of final. decisions related to such bidding by r 5 26 J 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 z^ °m 21 days of the date the order -is filed with the clerk and shall OD oe Tc 22 state the alleged errors, the evidence and legal authority to be QW 31 23 relied upon on appeal and the requested action by the board. The Jp zm° 24 petition shall be accompanied by the fee set .forth, by resolution ' J uT 25 and order of the board. Only those parties who made an }- 26 0 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 W . 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 =0 22 VOTE: Aye Larrance , Killpack MeekHays 23 Nay J� Absent Rogers wr zn24 Abstain o- Recording Secretary: j ', C-A �.:- P tc:• Date: 10-11-88' }= 25 n 26 0 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)