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By adopting this chapter and executing and approving the Restated and Amended Interlocal Cooperative Agreement, this jurisdiction has joined the authority, which shall now be known as the metropolitan area EMS authority.
(Ord. 22613-02-2017, § 1, passed 2-21-2017; Ord. 24213-05-2020, § 1, passed 5-19-2020, eff. 5-28-2020)
The authority shall have the following powers and duties:
(a) The authority is hereby designated as the sole provider of ambulance service and special event ambulance standby service within this jurisdiction, whether directly or indirectly through contractors, pursuant to the terms, conditions and provisions of the Restated and Amended Interlocal Cooperative Agreement, except for those services exempted by § 5-31(b).
(b) The authority shall comply with all terms of the Restated and Amended Interlocal Cooperative Agreement and have all the powers and duties enumerated therein.
(c) The authority is required to provide this jurisdiction with basic and advanced life support ambulance service in accordance with system performance standards and all applicable law, rules and regulations, as well as all patient care standards that the medical director may from time to time promulgate;
(d) The authority is authorized to operate an MIH program on a non-exclusive basis in this jurisdiction.
(e) The authority shall enter into a first responder agreement with this jurisdiction and may issue, suspend, revoke, and renew permits for the delivery of first responder services in this jurisdiction by other agencies, subject to the credentialing process by the medical director and subject to rights of appeal to the board.
(f) The authority shall adopt standards approved by the medical director governing the operation of specialized mobile intensive care units and for specialty care transport within the service area, including standards limiting the types of patients which may be transported thereby, and, subject to the credentialing process by the office of the medical director, may issue, suspend, revoke, and renew permits for the operation of such units as required by this chapter.
(h) The authority shall adopt standards approved by the medical director governing the operation of aeromedical transportation units within the service area, including standards defining the circumstances under which such units may be deployed to emergency scenes and, subject to the credentialing process by the office of the medical director, may issue, suspend, revoke, and renew permits for the operation of such units as required by this chapter.
(i) The authority shall adopt standards approved by the medical director governing the provision of special event ambulance standby service within the service area, and, subject to the credentialing process by the medical director, may issue, suspend, revoke, and renew permits for the provision of such ambulance standby service; provided, however, nothing contained in this Chapter 5 establishes the authority as the sole provider of non-ambulance standby emergency medical services, nor shall it limit the authority of the city to regulate, manage, or govern standby emergency medical services and the provider(s) thereof.
(Ord. 22613-02-2017, § 1, passed 2-21-2017; Ord. 24213-05-2020, § 1, passed 5-19-2020, eff. 5-28-2020)
The authority board's membership and other matters relating to the authority shall be set forth in the Restated and Amended Interlocal Cooperative Agreement and in the Bylaws adopted by the authority's board.
(Ord. 22613-02-2017, § 1, passed 2-21-2017; Ord. 24213-05-2020, § 1, passed 5-19-2020, eff. 5-28-2020)
(a) There is hereby created a first responder advisory board ("FRAB") which shall advise and inform the authority and EPAB on matters related to first response and prehospital emergency medical services in the service area.
(b) The FRAB's membership and other matters relating to the board shall be set forth in the Restated and Amended Interlocal Cooperative Agreement and in the Bylaws adopted by the FRAB.
(Ord. 22613-02-2017, § 1, passed 2-21-2017; Ord. 24213-05-2020, § 1, passed 5-19-2020, eff. 5-28-2020)
(a) It shall be unlawful:
(1) To knowingly give false information to induce the dispatch of an ambulance or aeromedical transportation unit;
(2) To perform duties as an ECA, EMT, paramedic or emergency ambulance dispatcher without current credentials issued by the office of the medical director, unless participating in a training program approved by office of the medical director;
(3) To permit a person to work as an ECA, EMT, paramedic or emergency ambulance dispatcher without current credentials issued by the office of the medical director, unless participating in a training program approved by office of the medical director;
(4) To use, or cause to be used, any ambulance service other than the authority, except as permitted in subsection (b) below;
(5) For any person or entity other than the authority to provide ambulance service within this jurisdiction, unless pursuant to a written agreement with the authority;
(6) For any person to provide medical transportation originating in the service area without a permit issued by the authority;
(7) For any agency to provide first responder services without a first responder permit issued by the authority, unless pursuant to a first responder agreement with the authority or a written automatic aid or mutual aid agreement with this jurisdiction;
(8) To use an ambulance for the transportation of persons other than in connection with the transportation of a patient.
(b) It shall be a defense to any alleged violation of this section that a vehicle is being used or service is provided solely in any of the following manners:
(1) As a privately owned vehicle not ordinarily used in the business of transporting persons who are sick, injured, wounded, incapacitated or helpless;
(2) Rendering service as an ambulance at the request of the EMS communications center upon the declaration of a disaster by this jurisdiction, the State of Texas, or the United States; or a declaration of a major catastrophe or extreme system overload by the chief executive officer of the authority;
(3) Any ambulance owned or operated by the federal or state government;
(4) Ambulance mutual aid calls when rendered pursuant to an ambulance mutual aid agreement approved by the authority;
(5) Special event ambulance standby coverage, so long as such service is provided without charge by an emergency medical services volunteer provider, as defined in Tex. Health and Safety Code § 773.003(13), or the authority has first declined to provide coverage and the entity providing coverage has been issued a permit by the authority;
(6) Wheelchair transport services for persons other than patients, when the service is not provided by ambulance; and
(7) Medical transportation of a patient where the transport originates outside the service area.
(Ord. 22613-02-2017, § 1, passed 2-21-2017; Ord. 24213-05-2020, § 1, passed 5-19-2020, eff. 5-28-2020)
(a) Any person convicted of violating the provisions of § 5-31 shall be guilty of a Class C misdemeanor and shall be punished by a fine not to exceed $500 (Tex. Penal Code § 12.23).
(b) This section does not serve to limit any other remedies available to the jurisdiction in law or equity.
(c) Each violation of this chapter shall constitute a separate offense.
(Ord. 22613-02-2017, § 1, passed 2-21-2017; Ord. 24213-05-2020, § 1, passed 5-19-2020, eff. 5-28-2020)
When the driver of an emergency medical response vehicle has reasonable grounds to believe that an emergency exists, as determined by the EMS communication center, the vehicle shall be treated as an "authorized emergency vehicle" within the meaning of Chapter 546 of the Tex. Transp. Code and shall be exempt from traffic laws as provided therein.
(Ord. 22613-02-2017, § 1, passed 2-21-2017; Ord. 24213-05-2020, § 1, passed 5-19-2020, eff. 5-28-2020)
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