On joint motion of all Councilmembers, the following ordinance was offered:
SUMMARY NO. 22969
ORDINANCE NO. 23782
An ordinance amending the Jefferson Parish Code of Ordinances to
provide that emergency medical technician certificates, licenses to provide
ambulance services, and permits to operate an ambulance or emergency
medical response vehicle shall be issued and regulated by the Director of
Emergency Management and the Department of Emergency Management,
and to provide for related matters. (Parishwide)
WHEREAS, the duties of the director of fire pertaining to emergency technician
certificates and ambulance serves shall be transferred to the director of emergency
management and the department of emergency management:
THE JEFFERSON PARISH COUNCIL HEREBY ORDAINS:
SECTION 1. That the definitions of Office and Superintendant in section 5-1 of the
Code of Ordinances of Jefferson Parish, Louisiana, are hereby deleted.
SECTION 2. That section 5-1 of the Code of Ordinances of Jefferson Parish,
Louisiana, is hereby amended by adding sections, Department and Director, to read as
follows:
Sec. 5-1. - Definitions.
Department means the Department of Emergency Management.
Director means the Director of Emergency Management.
SECTION 3. That section 5-3(b)(2) of the Code of Ordinances of Jefferson Parish,
Louisiana, is hereby amended to read as follows:
Sec. 5-3. - Restrictions and prohibitions.
(2) Emergency patients only in the case of a disaster or major catastrophe,
when declared by the Jefferson Parish President or his/her designee,
when ambulances with permits issued by the department are insufficient
to render the services required.
SECTION 4. That the definitions of Certificate, Permit and License in section 5-16
of the Code of Ordinances of Jefferson Parish, Louisiana, are hereby amended to read
as follows:
Sec. 5-16. - Definitions.
Certificate means any authorization issued by the department, pursuant to
this chapter, to a person to act as an emergency medical technician on an
ambulance.
License means any authorization issued by the department to an
individual, a partnership, a corporation, a limited liability partnership, limited
liability company or unincorporated association to provide ambulance service in
the parish.
Permit means any authorization issued by the department pursuant to this
chapter for a vehicle operated as an ambulance or emergency medical response
vehicle that meets standards approved by the department.
SECTION 5. That section 5-17(a), (b) and (c) of the Code of Ordinances of
Jefferson Parish, Louisiana, is hereby amended to read as follows:
Sec. 5-17. - Licenses, permits and certificates, generally.
(a)
No individual, either owner, agent or otherwise, or company, shall furnish,
operate, conduct, maintain, advertise or otherwise engage in or profess to
engage in providing ambulance services in this parish unless that
individual or company holds a currently valid license to do so issued by
the department.
(b)
No individual or company shall operate an ambulance or emergency
response vehicle unless that ambulance or emergency response vehicle
has been issued a valid permit by the department.
(c)
No individual shall act or attempt to act as an emergency medical
technician on any ambulance, when that ambulance is transporting a
patient, unless that individual has the appropriate certificate issued by the
department.
SECTION 6. That section 5-18(a)(8), (9) and (10)b. of the Code of Ordinances of
Jefferson Parish, Louisiana, is hereby amended to read as follows:
Sec. 5-18. - License and application procedures.
(a)
The application to the department for a license under this division shall
include:
(8)
An agreement of mutual aid with the parish to provide emergency
services at the time of major catastrophe or emergency when so
requested by the department;
(9)
Such other information as the department deems reasonable and
necessary;
(10) All new applicant(s) shall submit(s) to a background investigation
which includes but is not limited to fingerprinting and a criminal
history check by the Louisiana Department of Public Safety and
Corrections, Office of the State Police:
b.
The department shall issue a license for operation within
thirty (30) days of the filing of the application to any applicant
complying with the following requirements:
SECTION 7. That section 5-19(j)(2), (g) and (l) of the Code of Ordinances of
Jefferson Parish, Louisiana, is hereby amended to read as follows:
Sec. 5-19. - Permits; design specifications of ambulances, emergency
response vehicles, and required equipment.
(j)
A permit shall be issued for an ambulance and/or emergency response
vehicle only if the vehicle is equipped with and carries as part of its
standard configuration the minimum essential life support items, including
but not limited to the following:
(2)
All required equipment as mandated by state law and/or
determined by the department;
(g)
Temporary permits may be issued at the discretion of the director or
his/her designee.
(l)
Modifications to any of the above specifications must be approved by the
department.
SECTION 8. That section 5-20(a), (b)(8) and (d) of the Code of Ordinances of
Jefferson Parish, Louisiana, is hereby amended to read as follows:
Sec. 5-20. - Certificates; application procedures and standards for
personnel.
(a)
Any individual desiring certification as an emergency medical technician
shall make application to the department on forms provided by the
department. The department shall determine whether the applicant meets
the prescribed qualifications as set forth in this division.
(b)
An applicant for an emergency medical technician's certificate must:
(8)
Have completed within the past one (1) year, a defensive driving
course, or a flight safety, or a water vehicle operator's safety
course, as applicable, approved by the department;
(d)
Temporary certificate may be issued at the discretion of the director or
his/her designee.
SECTION 9. That section 5-24 of the Code of Ordinances of Jefferson Parish,
Louisiana, is hereby amended to read as follows:
Sec. 5-24. - Definitions and exemptions.
The following definitions shall govern in the use and interpretation of this division
unless the context clearly indicates otherwise:
Certificate means any authorization issued by the department, pursuant to
this chapter, to an individual to act as a transfer vehicle attendant.
License means any authorization issued by the department to any
individual or company to provide patient transportation or transfer services in the
parish.
Permit means any authorization issued by the department pursuant to this
chapter for a vehicle operation as a transfer vehicle that meets standards
approved by the department.
SECTION 10. That section 5-25 of the Code of Ordinances of Jefferson Parish,
Louisiana, is hereby amended to read as follows:
Sec. 5-25. - Licenses, permits and certificates, generally.
(a)
No individual or company, either as owner, agent or otherwise, shall
furnish, operate, conduct, maintain, advertise or otherwise engage in or
profess to engage in providing patient transportation or transfer services
in the parish unless that individual or company holds a currently valid
license to do so issued by the department.
(b)
No individual shall operate a transfer vehicle unless that vehicle has been
issued a valid permit by the department.
(c)
No individual shall act or attempt to act as a transfer vehicle attendant on
any transfer vehicle, when that vehicle is transporting a patient, unless
that individual has the appropriate certificate issued by the department.
SECTION 11. That section 5-26(a)(7), (8)b. and (b) of the Code of Ordinances of
Jefferson Parish, Louisiana, is hereby amended to read as follows:
Sec. 5-26. - License and application procedures.
(a)
The application to the department for a license under this division shall
include:
(7)
Such other information as the department deems reasonable and
necessary;
(8)
All new applicant(s) shall submit to a background investigation
which includes but is not limited to fingerprinting and a criminal
history check by the Louisiana Department of Public Safety and
Corrections, Office of the State Police:
b.
The department shall issue a license for operation within
thirty (30) days of the filing of the application to an applicant
complying with the following requirements:
(b)
The department shall issue a license for operation within thirty (30) days
of the filing of the application to an applicant complying with the following
requirements:
SECTION 12. That section 5-27(a), (e), (f) and (h) of the Code of Ordinances of
Jefferson Parish, Louisiana, is hereby amended to read as follows:
Sec. 5-27. - Permits, design specifications and required equipment.
(a)
A permit for a transfer vehicle shall only be issued if it complies with the
standards that the department may, by rule, require.
(e)
A permit for a transfer vehicle shall be assigned if the vehicle is equipped
with the minimum equipment which the department shall require.
(f)
It shall be unlawful for any individual to conduct, maintain or operate a
transfer vehicle which does not carry with it as part of its regular
equipment the minimum essential equipment required by the department.
(h)
Temporary permits may be assigned at the discretion of the director or
his/her designee.
SECTION 13. That section 5-28(a), (b), (c)(1), (6) and (e) of the Code of
Ordinances of Jefferson Parish, Louisiana, is hereby amended to read as follows:
Sec. 5-28. - Certificates; application procedures and standards for
personnel.
(a)
No individual shall act or attempt to act as a transfer vehicle attendant
unless that individual holds a currently valid certificate issued by the
department.
(b)
Any individual desiring certification as a transfer vehicle attendant shall
make application to the department on forms provided by the department.
The department shall determine whether the applicant meets the
prescribed qualifications as set forth in this division.
(c)
An applicant for a transfer vehicle attendant certificate must:
(1)
Have successfully completed a first aid course, approved by the
department, and possess a current first aid certificate;
(6)
Must have completed, within the past one (1) year, a defensive
driving course, or a flight safety, or a water vehicle operator's safety
course, as applicable, and as approved by the department;
(e)
Temporary certificates may be issued at the discretion of the director or
his/her designee.
SECTION 14. That section 5-33 of the Code of Ordinances of Jefferson Parish,
Louisiana, is hereby amended to read as follows:
Sec. 5-33. - Inspections and investigations.
(a)
The department shall make all investigations and inspections necessary
for the enforcement of this chapter.
(b)
These inspections may be made of any individual or company providing
medical transportation services and may include all their personnel,
vehicles (including required life support equipment), facilities,
communications equipment, methods, procedures and materials.
Inspections and investigations may be made on a regular or special basis
and at such times and places as the department deems necessary.
(1)
The necessary inspections and investigations shall be performed
by the Jefferson Parish E.M.S. - Program Compliance Specialist,
who is hereby authorized to act for the department in all matters
relative to this chapter.
SECTION 15. That section 5-35(a) of the Code of Ordinances of Jefferson Parish,
Louisiana, is hereby amended to read as follows:
Sec. 5-35. - Suspension or revocation of license, permit or certificate;
procedures; appeals.
(a)
The administrative adjudication hearing officer is authorized to suspend or
revoke any license, permit or certificate issued under this chapter in any
case where, after a hearing on the matter, it is determined that there has
been a substantial failure by the holder of the license, permit or certificate
to comply with the requirements, rules, regulations and standards adopted
herein, provided that in all such cases the department shall furnish the
holder of the license, permit or certificate by certified mail, not less than
the fifteen (15) days' written notice of the hearing, specifying the time and
place of the hearing and the reasons for consideration of suspension or
revocation.
SECTION 16. That section 5-37(2) and (6) of the Code of Ordinances of Jefferson
Parish, Louisiana, is hereby amended to read as follows:
Sec. 5-37. - Generally.
The following are excepted from the provisions of this chapter:
(2)
A vehicle may render services as an ambulance, as defined herein, in
case of a major catastrophe or emergency when so declared by the
Jefferson Parish President or his/her designee, when ambulances with
permits issued by the department are insufficient to render the services
required;
(6) In those instances when an ambulance provider is unable to meet the
staffing requirements stated in section 5-17 (d) of this chapter, in an
ambulance that operates in the remote areas of Jefferson Parish, as in
the Town of Grand Isle, the director and/or his designee may, in his
discretion, issue a written waiver to the staff requirements, allowing the
use of first responders in place of emergency medical technicians. The
director, however, may not allow an ambulance to operate with fewer or
less qualified personnel than required for compliance with state law.
SECTION 17. That section 5-41 of the Code of Ordinances of Jefferson Parish,
Louisiana, is hereby amended to read as follows:
Sec. 5-41. - Director to issue standards, regulations, method of reporting.
(a)
The director and/or his/her designee shall cause to be issued such
standards and regulations that may be deemed appropriate in
promulgating this chapter and the purposes thereof.
(b)
The director and/or his/her designee shall develop a methodology of
reporting which shall be applicable to all licensees under this chapter.
The foregoing ordinance having been submitted to a vote, the vote thereon was as
follows:
YEAS: 6
NAYS: None
ABSENT: (1) Roberts
The ordinance was declared to be adopted on this the 24th day of March, 2010,
and shall become effective as follows; if signed forthwith by the Parish President, ten (10)
days after adoption, thereafter upon signature by the Parish President, or, if not signed by
the Parish President, upon expiration of the time for ordinances to be considered finally
adopted without the signature of the Parish President, as provided in Section 2.07 of the
Charter. If vetoed by the Parish President and subsequently approved by the Council, this
ordinance shall become effective on the day of such approval.