§ 2.12.012. Jurisdiction of emergency medical services.

A.

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Ambulance" means any motor vehicle that is specially designed or constructed, equipped, licensed to be used for, maintained and is operated for the transportation of the sick or injured in, about or outside the city.

"Ambulance service" means any entity that is licensed by the Texas Department of State Health Services as an emergency medical provider.

"Clean and sanitary" means free from dirt, pollution, contamination or disease or relating to good health or protection from dirt, infection or disease.

"Emergency medical call" means any request for ambulance service that is made by telephone or other means of communication in circumstances which are, or have been represented to be, an emergency requiring immediate response.

"License" means a license issued by the Texas Department of State Health Services or other state or federal regulatory agency.

"Non-emergency medical call" means any circumstance that does not call for the immediate response (no emergency lights and/or siren) in which the element of time in transporting the sick, wounded or injured for medical treatment is not essential to the health or life of the person.

"Non-emergency medical transfer call" means any request for ambulance service that is made by telephone, or other means of communications in circumstances which are or have been represented to be of a non-emergency nature requiring non-emergency transfer between a skilled nursing facility and a clinic, rehabilitation facility, dialysis, or pre-scheduled appointments for office visits to the patient's primary care physician or specialty physician.

"Private ambulance service" means any privately-owned ambulance licensed by the Texas Department of State Health Services and that has been constructed, equipped and/or used for transferring the sick, or injured under circumstances which are or have been represented to be of a non-emergency nature requiring non-emergency transfer.

"Special events" mean any parade, sporting event, concert or other event or gathering requiring on-site standby medical personnel.

"Transfer" means the moving of a patient from one physical location to another with the use of an ambulance.

B.

Jurisdiction.

1.

All emergency medical calls (911 calls) and non-emergency medical calls that originate in the City of Benbrook are the responsibility of the City of Benbrook Fire Department EMS, either directly or through interlocal agreement as approved by the Benbrook City Council.

2.

No person, either as owner, agent or otherwise shall operate, conduct, maintain, advertise or otherwise engage in or profess to engage in the business of ambulance service upon the streets, alleys or public ways or places of Benbrook, Texas.

3.

Notwithstanding Section 2.12.012.B.2 above, the City of Benbrook may grant a private ambulance service permit to any private ambulance service seeking authorization from the City of Benbrook to respond to non-emergency medical transfer calls only. Applicants shall seek authorization annually and provide proof of compliance with Section 2.12.012.C, Standards for Private Ambulance Service, below.

4.

If a private ambulance service receives a direct call meeting the definition of an emergency medical call or non-emergency medical call (excluding non-emergency medical transfer calls) within the City of Benbrook, the private ambulance service shall immediately refer the emergency medical call or non-emergency medical call to the Benbrook Fire Department.

5.

Private ambulance services will not operate with lights and/or sirens in the City of Benbrook, unless enroute to an emergency call in another jurisdiction or delivering a patient to a hospital emergency room that did not originate in the City of Benbrook.

6.

Private ambulance services will not transport patients for non-emergency medical transfer calls in the City of Benbrook with lights and sirens engaged.

7.

In the event a private ambulance service is physically located at a skilled nursing facility for the purpose of a non-emergency medical transfer and a patient's condition necessitates an emergency medical call, the private ambulance service must immediately contact the Benbrook Fire Department. The private ambulance service crew members may begin advanced life support and supportive care for the patient until Benbrook Fire Department EMS personnel arrive and assume patient care. At the discretion of the Fire Chief or designee, the private ambulance service may be instructed by the fire chief or designee to transfer the patient if in the patients' best interest.

8.

If a patient's condition changes during a non-emergency medical transfer and necessitates a transition to an emergency medical transport, the private ambulance service shall notify the Benbrook Fire Department in writing within seven days following the event. The written notification must include where the patient was picked up, destination, and explanation of why the non-emergency medical transfer transitioned to an emergency medical transport.

9.

The Benbrook Fire Department will maintain and provide on-site medical personnel for all special events held in the City of Benbrook, unless otherwise approved by the fire chief.

C. Permit review and approval process.

1.

It shall be unlawful to operate a private ambulance service in the City of Benbrook without a private ambulance service permit.

2.

The operator of a private ambulance service shall file an application for a private ambulance service permit with the Benbrook Fire Department on a yearly basis. The application shall be submitted along with the private ambulance service fee, as identified in Chapter 1.12, Fees for City Services.

3.

The Benbrook Fire Department shall issue an annual permit only after determination of compliance with the following standards for private ambulance service:

a.

Each ambulance shall, when in use as such, be suitable for the transportation of the patient, and conform to health, sanitation and safety standards required by local, state and federal law.

b.

Minimum equipment standards shall be those established by Texas Department of State Health Services.

c.

Proof of a license from Texas Department of State Health Services to operate as an emergency medical services provider must be posted on the inside of the ambulance.

d.

A current Texas Department of State Health Services license number must be displayed on the exterior of the ambulance.

e.

A current certificate must be available for inspection to provide proof of level of care according to Texas Department of State Health Services for inspection standards and maintenance of the same during the permit period.

f.

The private ambulance service shall comply with the terms and conditions of the City of Benbrook, lawful orders of the fire chief, and rules and regulations established under city ordinances, state and federal laws applicable to the operation of a private ambulance service.

D.

Inspections.

1.

To ensure continued compliance with the above standards of private ambulance service, all ambulances operated by a permitted private ambulance service are subject to spot inspections by the City of Benbrook, without notice.

2.

Failure to pass a spot inspection shall result in the immediate suspension of the private ambulance service permit.

3.

A request for re-inspection shall be granted by the Benbrook Fire Department within seventy-two hours of said request. Upon a determination of compliance with the above standards for private ambulance service and payment of the re-inspection fee as identified in Chapter 1.12, Fees for City Services, the suspension shall be immediately lifted.

(Ord. No. 1429 , § 1, 9-6-2018)