Title 7 BUSINESS LICENSES
Chapter 7.17 AMBULETTES
7.17.010 Definitions.
7.17.020 License--Required--Fee.
7.17.030 License--Exemptions.
7.17.040 License--Application--Information required.
7.17.050 License--Application--Hearing required.
7.17.060 License--Issuance conditions.
7.17.070 Litter vans and wheelchair vans.
7.17.071 Vehicle permit--Required.
7.17.080 Rate schedule for ambulettes.
7.17.081 Special charges.
7.17.090 Vehicles--Odometer test.
7.17.100 License--Exemption for ambulance operators.
7.17.105 License probation, suspension, or revocation.
7.17.106 Failure to obtain license.
7.17.109 Ambulette staffing.
7.17.110 Insurance.
7.17.120 Indemnification and liability limitations.
7.17.130 Workers’ Compensation insurance required.
7.17.140 Unlawful acts by ambulette operators or attendants.
7.17.151 Ambulette driver and ambulette attendant requirements.
7.17.170 Driver’s and attendant’s license.
7.17.230 Vehicles--Operation when license suspended prohibited.
7.17.010 Definitions.
For the purpose of this chapter, the following terms are defined and shall
be construed as hereinafter set forth, unless the context clearly means
otherwise:
A. “Ambulette” means a motor vehicle specially
constructed, modified, equipped, or arranged for the purpose of transporting
sick, injured, invalid, convalescent, infirm, or otherwise incapacitated persons
whose medical condition requires transportation services but does not require
emergency services or equipment during transport.
B. “Ambulette
attendant” means any person who is employed to accompany an ambulette
driver while transporting in an ambulette from any location in the
unincorporated area of the county any person whose medical condition requires
nonemergency medical transportation.
C. “Ambulette driver” means
any person who drives an ambulette in which is transported, from any location in
the unincorporated area of the county, any person whose medical condition
requires nonemergency medical transportation.
D. “Ambulette
operator” means any person who for any monetary or other consideration, or
as an incident to any other occupation, transports in one or more ambulettes
from any location in the unincorporated areas of the county one or more persons
whose medical condition requires nonemergency
transportation.
E. “Litter van” means a vehicle which is
modified, equipped, and used for the purpose of providing nonemergency medical
transportation for those patients with stable medical conditions who require the
use of a litter or gurney and which is not routinely equipped with the medical
equipment or personnel required for the specialized care provided in an
ambulance. Both a driver and an attendant are required on any transport
requiring the use of a litter van.
F. “Litter van patient” means
a patient whose medical condition is such that the patient may be transported by
a litter van. Patients in this category are patients who must be transported in
a prone position because the patient is unable to sit for the period of time
needed for transport, and requires a gurney and more space than is available in
passenger cars, taxicabs, or other forms of public transportation; and do not
require the special services, equipment, and personnel of an ambulance because
the patient is in a stable condition and does not need constant
observation.
G. “Local EMS agency” means the county of Los
Angeles department of health services, designated by the board as the local EMS
agency pursuant to Health and Safety Code Sections 1797, et
seq.
H. “Medical transport van” means an ambulette which is
modified, equipped, and used for the purpose of providing nonemergency medical
transportation for those patients with stable medical conditions who require
transportation to or from medical facilities, and who cannot use a standard
passenger vehicle, taxicab, or other public
transportation.
I. “Wheelchair van” means an ambulette used for
nonemergency transportation of patients in stable medical condition who require
the use of a wheelchair. (Ord. 96-0068 § 2, 1996: Ord. 83-0017 § 4
(part), 1983.)
7.17.020 License--Required--Fee.
Every ambulette operator shall first procure a license and pay an annual
license fee in the amount set forth in Section 7.14.010 of this title. (Ord.
96-0068 § 3, 1996: Ord. 83-0017 § 4 (part), 1983.)
7.17.030 License--Exemptions.
No ambulette operator license is required where the ambulette operator is
a public agency. (Ord. 96-0068 § 4, 1996: Ord. 83-0017 § 4 (part),
1983.)
7.17.040 License--Application--Information required.
Every application for an ambulette operator’s license shall be
signed by the applicant and filed with the local EMS agency. In addition to the
requirements of Section 7.06.020 of this title, the application shall contain
the following information:
A. The financial status of the applicant,
including the amount of all unpaid judgments against the applicant and the
nature of the transactions or acts giving rise to said judgments;
B. Areas
within which the applicant proposes to operate;
C. The number and type, age,
condition, and patient capacity of each ambulette proposed to be operated by the
applicant, and a description of the premises which are to serve as the base of
operations;
D. Kind and amount of automobile liability, public liability,
product, and professional liability, Worker’s Compensation, and other
insurance of the applicant;
E. The color scheme and insignia to be used to
designate the ambulettes of the applicant;
F. The experience of the
applicant in the transportation and care of sick, convalescent, or injured
persons; and
G. Schedule of rates proposed to be charged by the applicant,
where not otherwise prescribed by this chapter;
H. Such further information
as either the sheriff or the local EMS agency may require. (Ord. 96-0068 §
5, 1996: Ord. 83-0017 § 4 (part), 1983.)
7.17.050 License--Application--Hearing required.
Except as otherwise provided in Section 7.06.260, the director of the
department of health services shall hold a public hearing on every application
for an ambulette operator’s license required by this chapter, and shall
give notice of such hearing as provided in Section 7.10.100 of this code. (Ord.
92-0132 § 10, 1992: Ord. 83-0017 § 4 (part), 1983.)
7.17.060 License--Issuance conditions.
Except as provided by Sections 7.06.200 through 7.06.260 of this title,
the director of the department of health services shall determine whether or not
public convenience, necessity, and safety, require the issuance of an ambulette
operator’s license, and may take into consideration all facts as he or she
may deem pertinent and proper, which shall include whether or not:
A. The
applicant has complied with all of the provisions of the title;
B. The
applicant is financially responsible and under efficient management;
C. The
applicant is, under normal conditions, serving or likely to serve the public
adequately;
D. The applicant has presented evidence sufficient to justify
that public health, safety, welfare, and convenience warrant operation of the
ambulette service within the specified operating area;
E. The applicant is a
fit and proper person to have an ambulette operator’s license. (Ord.
96-0068 § 6, 1996: Ord. 92-0132 § 11, 1992: Ord. 83-0017 § 4
(part), 1983.)
7.17.070 Litter vans and wheelchair vans.
Every litter van and wheelchair van, whether transporting Medi-Cal
beneficiaries or not, shall be operated and equipped to comply with the
applicable standards promulgated pursuant to Section 14136 of the Welfare and
Institutions Code of the state of California. (Ord. 83-0017 § 4 (part),
1983.)
7.17.071 Vehicle permit--Required.
Every ambulette, including ambulettes described as medical transportation
vans, wheelchair vans, or litter vans, used for transporting any person, which
person entered or was placed in such ambulette at any location in the
unincorporated area of the county, shall have and conspicuously display on the
left rear portion of such vehicle a county seal issued by the local EMS agency.
In addition, a copy of the vehicle license or temporary county authorization
obtained under the provisions of this chapter shall be carried on the vehicle at
all times. (Ord. 96-0068 § 7, 1996: Ord. 83-0201 § 5, 1983.)
7.17.080 Rate schedule for ambulettes.
A. An ambulette operator shall charge no more than the following
rates:
1. Response to Call--Nonlitter Case:
One patient, $36.50,
Two
patients, each patient, $22.75,
Three patients, each patient,
$19.25,
Four patients or more, each patient, $14.00;
2. Response to
Call--Litter Patient:
One patient, $70.25,
Two patients, each patient,
$38.50;
3. Wheelchair Use: For the use of a wheelchair,
$5.50;
4. Waiting Time: for each 15-minute period or fraction thereof after
the first 15 minutes of waiting time at the request of the person hiring the
ambulette, $8.00;
5. Mileage Rate: Each mile or fraction thereof, $3.50,
from pickup point to destination for each patient transported.
B. This
section does not apply to a contract with the county. (Ord. 96-0068 § 9,
1996: Ord. 83-0201 § 7, 1983: Ord. 83-0017 § 4 (part),
1983.)
7.17.081 Special charges.
A. Requests for service after 7:00 p.m. and before 7:00 a.m. of the next
day, may be subject to an additional charge of $16.75.
B. Where other
special services are requested by any patient or authorized representative
thereof, a reasonable charge commensurate with the cost of furnishing such
special service may be made; provided, that the ambulette operator shall file
with the director of the department of health services a schedule of each
special service proposed and the charge therefor in accordance with subsection G
of Section 7.17.040, which charges shall be effective unless modified,
restricted, or denied by the director of the department of health
services.
C. This section does not apply to a contract with the county.
(Ord. 96-0068 § 10, 1996: Ord. 92-0132 § 12, 1992: Ord. 83-0201 §
8, 1983.)
7.17.090 Vehicles--Odometer test.
Every ambulette operator making any charges based on mileage shall have
the odometer of each ambulette tested and certified annually by the department
of agricultural commissioner/weights and measures in accordance with the
procedures of that department as defined in Chapter 2.40. In the event that the
department of agricultural commissioner/weights and measures does not have the
testing equipment available at the time an operator applies for a new or
replacement vehicle license, the operator shall register the vehicle with the
department of agricultural commissioner/ weights and measures and may obtain a
temporary operating authorization from the local EMS agency pending testing by
that department. The operator must, however, provide the local EMS agency with a
copy of the device registration certificate issued for that vehicle and a
certificate of accuracy from a state certified testing agency. Final license
approval will be held pending testing and certification by the department of
agricultural commissioner/weights and measures. For renewal licenses, the
operator shall have odometer retested by the department of agricultural
commissioner/weights and measures. A copy of the current paid device
registration certificate shall be submitted at the time of license
renewal.
Ambulette operators licensed by the county, whose primary location
is outside of Los Angeles County, must comply with the odometer testing
requirements of the county of origin, and must provide the local EMS agency with
a current copy of that county’s certification at time of application for a
new ambulette vehicle license, replacement vehicle status, or ambulette license
renewal. If the county of origin does not require odometer testing, the operator
shall provide a copy of certificate from a state certified agency documenting
the accuracy of each vehicle odometer. (Ord. 96-0068 § 11, 1996.)
7.17.100 License--Exemption for ambulance operators.
A licensed ambulance operator may provide the service rendered by an
ambulette operator without the necessity of an additional license. (Ord. 83-0017
§ 4 (part), 1983.)
7.17.105 License probation, suspension, or revocation.
A. The director of the department of health services may place on
probation, suspend, or revoke an ambulette operator’s license for failure
by the licensee to comply, and maintain compliance with, or for violation of,
any applicable provisions, standards, or requirements of state statute or
regulation, of this code, or of any regulations promulgated hereunder. Prior
probation or suspension of a license is not a requirement for revocation of a
license.
B. Before probation, the director of the department of health
services shall give written notice to the licensee. Said notice
shall:
1. Specify the reasons for which the action is to be taken. Reasons
shall include, but are not limited to:
a. Violations of this chapter which
may not directly relate to public health and safety,
b. Failure to make,
keep, and provide records required by this section or by county
contract,
c. Providing unlicensed vehicles or noncertificated or unlicensed
personnel,
d. Failure to pay required fees;
2. Set forth the term of the
probation period not to exceed 120 days wherein the licensee has one or more
minor violations;
3. Request a plan of correction for the violation(s), and
specify the reasons the probation action is being taken; and
4. Be served on
the licensee, either by delivery to its principal place of business or to its
designated agent for service of such notices, if any.
If the licensee,
subsequent to service of such a probation notice under this subsection, remedies
some or all of the conditions to which the notice refers, the director of the
department of health services may rescind the probation period at any
time.
The licensee may request a public hearing. However, the licensee has
the burden of proof and may present evidence as to why such action should not be
taken and to answer the evidence presented by the director of health
services.
Hearings conducted pursuant to this subsection shall be conducted
before an impartial hearing officer designated by the director of the department
of health services who is not an employee of the department of health services.
At the conclusion of said hearing, the hearing officer shall expeditiously
prepare a written summary of the evidence and proposed findings and conclusions
for consideration by the director.
The director of the department of health
services shall issue a written decision within 15 county working days after the
conclusion of the hearing.
C. Before suspension or revocation, the director
of health services shall give written notice to the licensee. Said notice
shall:
1. Specify the reasons for which the action is to be taken. Such
reasons shall include, but are not limited to:
a. Violations of this chapter
or of the California Code which are directly related to public health and
safety,
b. Failure to maintain insurance coverage as defined in Section
7.17.110,
c. Failure to maintain Workers’ Compensation insurance as
defined in Section 7.17.130,
d. Repeated and continuous minor
violations,
e. Conviction of a felony by the licensee,
f. Conviction of
a criminal offense related to the use, sale, possession, or transportation of
narcotics,
g. Aiding-abetting an unlicensed or uncertified person to evade
the provisions of this title,
h. Using unlicensed ambulettes or unlicensed
or noncertificated personnel;
2. Set forth a hearing date, of not more than
15 county working days nor less than seven county working days after the date of
delivery of the notice to the licensee;
3. Specify the date, time, and place
of the hearing; and
4. Be served on the licensee, either by delivery to its
principal place of business or to its designated agent for service of such
notices, if any.
D. If the licensee, subsequent to service of such a
suspension or revocation notice under this section, remedies some or all of the
conditions to which the notice refers, the director of the department of health
services may rescind a suspension or revocation at any time.
E. At the
hearing, the local EMS agency has the burden of proof and may present evidence
as to why such action should be taken and may answer the evidence presented by
the licensee.
F. The director of the department of health services may
reduce the period of time for hearing under a suspension or revocation notice to
no less than 24 hours when the director makes written preliminary findings that
such action is necessary to protect the public health, safety, and welfare.
When, as a result of such an emergency proceeding, a license is suspended or
revoked, the licensee may request an additional hearing at which the licensee
will have the burden of establishing renewed compliance justifying reinstatement
of the license. Such additional hearing will be commenced within five days of
the licensee’s written request of the director. The request for, and the
scheduling of, an additional hearing shall not stay operation of the suspension
or revocation order.
G. Hearings conducted pursuant to this section shall be
conducted before an impartial hearing officer designated by the director of the
department of health services who is not an employee of the department of health
services. At the conclusion of said hearing, the hearing officer shall
expeditiously prepare a written summary of the evidence and proposed findings
and conclusion for consideration by the director.
H. The director of the
department of health services shall issue a written decision within 15 county
working days after the conclusion of the hearing.
Except as may be
specifically provided by this section or by other provisions of this chapter,
the hearing and appeal rules and regulations reflected in Chapters 7.10 and 7.12
of this title are applicable to the license suspension or revocation proceedings
referenced in this section. (Ord. 96-0068 § 12, 1996.)
7.17.106 Failure to obtain license.
An operator’s failure to appropriately secure and maintain a county
ambulette operator’s business license or any other business license
required by this chapter, may result in the penalties or fines defined in
Chapter 7.04 of this title. In addition, the county may immediately suspend or
terminate all county contracts with any such operator, if applicable. (Ord.
96-0068 § 13, 1996.)
7.17.109 Ambulette staffing.
No ambulette operator, ambulette driver, or ambulette attendant shall
transport any litter van patient unless there is present in the litter van an
ambulette driver and an ambulette attendant, both of whom are appropriately
licensed and certified in accordance with the requirements of Sections 7.17.151
and 7.17.170. Ambulettes transporting patients who are semiambulatory or in
wheelchairs must be staffed with a minimum of one ambulette driver licensed and
certified in accordance with the requirements of Sections 7.17.151 and 7.17.170.
(Ord. 96-0068 § 14, 1996.)
7.17.110 Insurance.
A. Every applicant for an ambulette operator’s license shall obtain
and maintain in full force and effect liability insurance, including, but not
limited to, comprehensive general liability and comprehensive auto liability,
each with a combined single limit of not less than $1,000,000.00 per occurrence.
Such insurance shall be primary to and not contributing with any other insurance
covering or maintained by the county and shall name the county of Los Angeles as
an additional insured. A deductible greater than $5,000.00 per occurrence may be
allowed with the approval of the county risk manager. Such insurance shall be
provided by insurer(s) satisfactory to the county of Los Angeles. Evidence of
such insurance satisfactory to the county shall be attached to the application
and shall provide that the local EMS agency is to be given written notice at
least 30 days in advance of any modification or termination of such
insurance.
B. The minimum limits and forms of coverage of such liability
insurance shall be subject to review and adjustment by the county risk manager
at his or her sole option. (Ord. 96-0068 § 15, 1996: Ord. 92-0132 §
14, 1992: Ord. 86-0103U § 1, 1986: Ord. 83-0201 § 9, 1983; Ord.
83-0017 § 4 (part), 1983.)
7.17.120 Indemnification and liability limitations.
As a condition of the license, the licensee agrees to indemnify, defend
and save harmless the county of Los Angeles, its agents, officers and employees
from and against any and all liability, expense, including defense costs and
legal fees, and claims for damages of any nature whatsoever, including but not
limited to, bodily injury, death, personal injury, or property damage arising
from or connected with the licensee’s activities. (Ord. 83-0017 § 4
(part), 1983.)
7.17.130 Workers’ Compensation insurance required.
The director of the department of health services shall not grant any
ambulette operator’s license unless the applicant files with the local EMS
agency a policy of Workers’ Compensation insurance, or a certificate of
consent to self-insure issued by the State Director of Industrial Relations,
applicable to all employees of the applicant. The licensee shall thereafter
maintain in full force and effect such coverage during the term of the license.
Certificates or copies evidencing such coverage shall be provided to and
maintained by the local EMS agency and shall provide that the local EMS agency
be given written notices at least 30 days in advance of any modifications or
termination of any such insurance. (Ord. 96-0068 § 16, 1996: Ord. 92-0132
§ 15, 1992: Ord. 83-0017 § 4 (part), 1983.)
7.17.140 Unlawful acts by ambulette operators or attendants.
No ambulette operator, driver or attendant shall give or receive, directly
or indirectly, or cause to be given or received, any rebates, commissions or
reserve rebates to any person or persons, or groups of any nature, except as
provided herein. (Ord. 83-0017 § 4 (part), 1983.)
7.17.151 Ambulette driver and ambulette attendant requirements.
Every ambulette driver and ambulette attendant shall meet the applicable
standards established pursuant to Welfare and Institutions Code 14136 relating
to persons providing nonemergency medical services; and
A. Possess a valid
Class B or Class C California driver’s license or California ambulance
driver’s license; and
B. Possess a current California Medical
Examination Report (DL-51), if license is a Class A or Class B license;
and
C. Possess an American Red Cross community first aid and safety
certificate or equivalent; or higher certification; and
D. Possess a current
county of Los Angeles ambulette personnel identification card issued by the
county local EMS agency. An identification card shall be valid for two years
from the date of issuance. Persons certificated or licensed at the EMT-1 level
or higher shall not be required to possess an ambulette identification card.
(Ord. 96-0068 § 18, 1996.)
7.17.170 Driver’s and attendant’s license.
A. Every ambulette driver and ambulette attendant shall maintain the
applicable certificate(s) and license(s) required by Section 7.17.151 in full
force and effect and carry such certificate(s) and license(s) at all times while
engaged in the activity for which a certificate or license is required by this
chapter.
B. Every ambulette driver and ambulette attendant shall obtain an
identification card with an attached photograph from the local EMS agency,
unless such ambulette driver or ambulette attendant is currently certified at
the EMT-1 level or higher. Such identification card shall be carried by the
driver and by the attendant at all times while serving on an ambulette. The
local EMS agency shall collect a fee for each identification card in an amount
sufficient to offset its costs in preparing same.
C. Every ambulette
operator shall be responsible for promulgating and enforcing employee rules and
complying with this section. An ambulette operator failing to promulgate or to
enforce employee rules and regulations hereunder shall be subject to the
penalties and fines of Chapter 7.04, and to disciplinary action under Section
7.17.105. (Ord. 96-0068 § 20, 1996: Ord. 92-0132 § 17, 1992: Ord.
83-0201 § 10 (part), 1983.)
7.17.230 Vehicles--Operation when license suspended prohibited.
A person shall not operate any ambulette at any time after notification by
the local EMS agency of the suspension of the operator or ambulette vehicle
license duly issued under this title. (Ord. 96-0068 § 21, 1996: Ord.
92-0132 § 21, 1992: Ord. 83-0201 § 11 (part), 1983.)
<< previous | next >>