Ambulance ordinance
December 29th, 2006 by 
Alica
Here is the complete text of the new Brandon ambulance ordinance, which goes into effect Jan. 2:
ORDINANCE #381
AN ORDINANCE OF THE CITY OF BRANDON, SOUTI1 DAKOTA, COVERING THE
PROVISION AND LICENSURE OF AMBULANCE SERVICES WITHIN THE CITY LIMITS AND PROVIDING PENALTIES FOR VIOLATIONS.
BE IT HEREBY ORDAINED BY THE CITY OF BRANDON:
WHEREAS, South Dakota Codified laws at 34-11-1 authorizes municipalities to provide
ambulance service within their boundaries and to regulate persons providing such services; and
WHEREAS, the City of Brandon has an interest in regulating the provision of ambulance services in order to protect the safety, health and welfare of its citizens; and
WHEREAS, the City of Brandon has determined that the safety, health, and welfare of its
citizens will be served when the provision of ambulance services is performed by persons
certified within the parameters of South Dakota state law, the Minnehaha County Ordinance governing ambulances, and this ordinance; and
WHEREAS, the City of Brandon desires to regulate the provision of emergency medical services
delivery on the surface streets, highways and roadways of the City of Brandon; now, therefore,
BE IT HEREBY ORDAINED:
6-7-1 LICENSES REQUIRED
No person shall operate a surface ambulance service transporting patients from within the City of Brandon, nor advertise or offer such services to the public, unless the operator of such service shall have first obtained a surface ambulance license from the City.
Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07
6-7-2 DISPATCH REQUIRED
No licensed ambulance service shall respond to calls within the City which are 911 emergency calls except the licensed service which is dispatched by the Minnehaha County 911 Dispatch Center.
Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07
6-7-3 ADOPTION OF STATE LAW AND ADMINISTRATIVE RULES
The City of Brandon hereby adopts all provisions of the law of the State of South Dakota contained within SDCL Ch. 34-11 , SDCL Ch. 36-4B and the underlying sections of the Administrative Rules of South Dakota (ARSD), as all of those provisions may be from time-to-time amended, except for such different or additional provisions as are included in this Ordinance. Each service seeking licensure from the City of Brandon shall provide proof of licensure by the State of South Dakota.
Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07
6-7-4 ADOPTION OF COUNTY ORDINANCE
The City of Brandon hereby adopts all licensor requirements and provisions of Minnehaha County Ordinance MC 31-02, except for such different or additional provisions as are included in this Ordinance. Each application for licensure shall include:
A. Proof of licensure by Minnehaha County, SD, or
B. Shall provide to the City the documentation indicating the service meets all requirements of Minnehaha County Ordinance 31-02. Each applicant must also meet the different or additional provisions that are included in this Ordinance.
Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07
6-7-5 ANNUAL APPLICATION
Each service seeking a license shall apply to the City annually therefor and shall pay an application fee as indicated in SDCL 34-11-4, as may be from time to time amended.
Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07
6-7-6 INSURANCE
Each licensee shall hold the City harmless from all liability for damages to persons or property arising out of the operation of the ambulance or from services preformed pursuant to the license. In addition to comprehensive liability insurance, naming the City of Brandon as a named insured, each licensed service shall have no less than $1,000,000.00 per occurrence employee professional liability insurance with an annual aggregate of no less than $2,000,000.00. Certificates of insurance showing the City as a named insured shall be filed with the City at the time of application of licensure.
Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07
6-7-7 EQUIPMENT REQUIRED
Each service seeking licensure shall include on each ambulance placed in service within the City of Brandon the same supplies and equipment as are required by the Sioux Falls Regional Emergency Medical Services Authority, (SF REMSA) and each licensed service shall have its equipment inspected pursuant to those requirements annually no sooner than November 1st for the following year’s application. Copies of the inspection report shall be attached to each application. The initial application for licensure shall be accompanied by a copy of a report of the inspection of the applicant’s supplies and equipment, which inspection shall have been conducted in accordance with the requirements for supplies and equipment of SF REMSA, and shall have been conducted no more than sixty days prior to the date of the application.
Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07
6-7-8 STAFF REQUIRED
Each licensed service shall be staffed at all times with at least one person certified as an EMT (driver) and at least one “emergency medical technician-paramedic” in the State of South Dakota as provided in SDCL 36-4B-1(9), who shall provide patient care.
Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07
6-7-9 MEDICAL DIRECTOR
Each licensed service shall have as its medical director a general practice physician who is licensed in the State of South Dakota and documentary proof of licensure shall be attached to the application.
Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07
6-7-10 REQUESTED SERVICE BY CALLER
In the event that more than one surface ambulance service becomes licensed in the City of Brandon, the Minnehaha County 911 Dispatch Center is hereby permitted to dispatch a licensed service other than the City’s contracted 911 provider, if the caller requests a different licensed service by name.
Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07
6-7-11 DISASTER TRAINING
Each service licensed in the City of Brandon shall participate in disaster training exercises when requested to do so by the Minnehaha County Emergency Management Office or any state or federal disaster agency.
Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07
6-7- 12 DISASTER RESPONSE
In the event that a 911 emergency incident occurs in Brandon simultaneously with some other situation, such as bad weather, (tornado or blizzard) which situation prevents the City’s contracted 911 provider from responding to the emergency incident within the City, the City’s Police/Volunteer Fire Dept Incident Command may request that other surface ambulance services that are dispatched by the Minnehaha County 911 Dispatch Center, or services which are available for dispatch, may respond to the incident. When responding to such a call, a licensed service will not be considered to have violated the provisions of this ordinance.
Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07
6-7-13 DENIAL OF CERTIFICATION OF DRIVERS
In the event that the State of South Dakota Department of Public Safety or Minnehaha County shall propose to deny the issuance or renewal of a certification of any driver, attendant or service, as provided in SDCL Ch. 34-11, SDCL Ch. 36-4B, or Minnehaha County Ordinance 31-02, the licensed ambulance service for which that driver or attendant is employed, or the service itself, shall notify the City of such proposal by the Department of Public Safety or Minnehaha County. Notification shall be provided to the City in writing forwarded by first class United States mail. This notification to the City of action taken by the State or County must be mailed to the City within 24 hours of receipt of such notice by the driver, EMT, paramedic, attendant, or licensed service which receives said notice from the State or County. No notifications provided to the City shall violate any provisions of state or federal law relating to patient confidentiality.
Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07
6-7-14 OVERSIGHT PROVIDED BY SAFETY COMMITTEE
Oversight of each licensed ambulance service shall be provided by the Safety Committee of the City of Brandon. A representative of each licensed ambulance service shall attend Safety Committee meetings when requested to do so by the Committee. The representative(s) of the licensed service shall respond to questions from Committee members. Neither the questions nor the answers shall violate any state or federal patient confidentiality laws or regulations.
Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07
6-7-15 CITY DESIGNATED MEDICAL DOCTOR
The City of Brandon at its option may by resolution designate a medical doctor having staff privileges at a major trauma center hospital in Sioux Falls, SD, to conduct a review or reviews of licensed services, their employees, and each request for service to which a licensed ambulance service responds within the City of Brandon, in conformance with the provisions of the Minnehaha County Ordinance. Each licensed ambulance service shall comply forthwith with requests by the City’s designated doctor for information, copies of reports and correspondence, and so forth. The medical doctor and licensees shall at all times follow state and federal regulations regarding patient privacy.
Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07
6-7-16 REVOCATION, NON RENEWAL, PR SUSPENSION OF CERTIFICATION
In addition to the grounds for revocation, non renewal or suspension of certification identified in South Dakota law and administered by the SD Department of Public Safety and Minnehaha County, the City may additionally suspend, revoke, or not renew a license issued by the City for the failure of a licensed ambulance service to follow any of the provisions of this ordinance. Specific grounds for revocation, non renewal or suspension of the license issued by the City include, but are not limited to, the following:
A. Failure to meet and follow the requirements of State law;
B. Failure to meet and follow the requirements of Minnehaha County Ordinance 31-02, except as otherwise noted within this Ordinance;
C. Failure to provide at least two persons in each ambulance on each call; one of whom is a certified EMT and the other of whom is certified and licensed as an “emergency medical technician-paramedic”;
E. Failure to continue in full force and effect the liability insurance referenced in section 6-7-6 herein, with the City as named insured;
F. Failure to respond to an incident when requested to do so by the Brandon Police/Fire Dept Incident Command;
G. Failure to notify the City of proposed non-licensure, non-renewal, or revocation of certification of any personnel, or of the service, as indicated in Section 6-7-12 herein.
H. Failure to respond promptly and fully to requests for information from the Brandon Safety committee or from the City’s designated doctor.
Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07
6-7-17 SUSPENSION, REVOCATION OR NON RENEWAL REQUIREMENTS
The City shall provide a licensed service with written notice of the City’s intent to suspend, revoke, or not renew a license granted hereunder. Upon receipt of such notice from the City, the licensee may, within five days of the mailing of the City’s notice to the service, make a written request for hearing, which written request shall be mailed to the City by first class mail. Upon receipt of such a request, the City shall cause to be held an administrative hearing at which the City and the licensee shall present testimony and evidence. The South Dakota rules of evidence shall apply at such hearing, which shall be conducted by a law-trained hearing officer or administrative law judge who shall be chosen by the parties but paid by the City. The hearing officer or administrative law judge shall enter a decision in writing, stating the reasons therefor, within twenty days of the close of the testimony and evidence. A record of such hearing shall be kept by a court reporter, and the parties shall share the cost of the reporter. The party appealing the decision shall pay for an original of the transcript to be provided to the Court, and each party shall pay for their own copy of the transcript. Appeals from the City’s decision shall be made to the Second Judicial Circuit Court pursuant to SDCL Ch. 1-26.
Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07
Adopted this 21st day of February, 2006.
______________________________
Larry D. Beesley
ATTEST: Mayor
_____________________
Dennis E. Olson
Municipal Finance Officer
(SEAL)
First Reading: February 21, 2006
Second Reading: December 4, 2006
Published: December 13, 2006
Effective Date: January 2, 2007
Posted in Ambulance | 