§ 13-45. [Letter of authorization evaluation process for new emergency medical service provider applicants.]
(a)
Application for a letter of approval. The applicant shall submit a written request to the city secretary's office that contains the following:
(1)
A copy of the applicant's emergency medical service provider license and variance, if any, issued by the department of state health services ("department"). The applicant shall also submit to the city secretary's office any pending applications, renewals, suspensions, revocations or other adverse department actions; and
(2)
A statement or description as to the type of services the applicant will provide in the city including but not limited to being a provider of:
(i)
Basic life-support emergency medical services that provides a vehicle designed for transporting the sick or injured, has personnel and sufficient equipment and supplies for providing basic life support, and is capable of providing emergency and nonemergency transportation;
(ii)
Advanced life-support emergency medical services that provides basic life support emergency medical services plus has personnel and sufficient equipment and supplies for providing intravenous therapy and endotracheal or esophageal intubation;
(iii)
Mobile intensive-care emergency medical services that provides advanced life-support emergency medical services plus has personnel and sufficient equipment and supplies to provide cardiac monitoring, defibrillation, cardioversion, drug therapy, and two-way radio communication; and
(iv)
Specialized emergency medical services that uses a vehicle, including a helicopter, boat, fixed-wing aircraft, or ground vehicle, is designed for transporting the sick or injured by air, water, or ground transportation plus the provider has personnel and sufficient equipment and supplies to provide for the specialized needs of the patient transported.
(3)
A copy of the license or certificate issued by the department for any emergency care attendants, emergency medical technician, advanced emergency medical technician, emergency medical technician-paramedic, paramedic, licensed physician or other health care professional that will provide emergency medical services for the applicant in the city. The applicant shall also submit to the city secretary's office any pending applications, renewals, suspensions, revocations or other adverse department actions related to the person(s) that will provide emergency medical services.
(4)
A copy of the lease or deed or other proof of ownership of:
(i)
The applicant's primary place of business in the city, which is the location where the vehicles that are intended to provide emergency medical services in the city are stored and primarily located and where the records of the applicant are located; and
(ii)
All equipment necessary for the safe operation as an emergency medical services provider, including emergency medical services vehicles, heart rate monitors, defibrillators, stretchers, and any other equipment the department determined is required of the applicant;
(5)
A copy of all insurance policies and coverages applicable to the applicant, which shall have available limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) general aggregate for the following types of coverages: in force automobile liability insurance; commercial general liability insurance; contractual liability insurance; broad form property damage liability insurance; personal and accidental injury insurance; premises and ongoing operation coverage; errors and omission insurance; and professional liability insurance.
Section 13-45 does not apply to: the renewal of an existing and previously authorized emergency medical services provider that has continuously (no cessation of operation for more than ninety (90) days) operated in the city; or a municipal, county, emergency services district, hospital, or emergency medical services volunteer provider organization in this state that applies for an emergency medical services provider license.
(b)
Evaluation for the issuance of a letter of approval. Upon receipt of a complete application for the issuance of a letter of approval (LOA) by the city council of the City of Eagle Pass, the city secretary's office shall distribute the application to the city fire department for further evaluation. The city's fire department shall have fourteen (14) days to investigate, review and comment on the application. The city's fire department shall immediately forward the comments to the city council for their consideration. In coordination with the city's fire department, the city secretary's office shall publish a notice in one (1) or more local papers or periodicals notifying the public of the application and setting the matter for a public hearing. The public hearing process may be completed within forty-five (45) days after the receipt of a complete application.
(1)
In preparing for the evaluation, the city's fire department shall gather and present evidence at the public hearing to the city council:
(i)
If the addition of another licensed emergency medical services provider will interfere with or adversely affect the provision of emergency medical services by the licensed emergency medical services providers operating in the city;
(ii)
If the addition of another licensed emergency medical services provider will remedy an existing provider shortage that cannot be resolved through the use of the licensed emergency medical services providers operating in the city;
(iii)
If the addition of another licensed emergency medical services provider will cause an oversupply of licensed emergency medical services providers in the city;
(iv)
Of the number of licensed or certificated emergency medical services personnel, providers, and vehicles in the city; and
(v)
Of any other relevant information, including the applicant's corporate status with the secretary of state and Comptroller of Texas, complaints filed with the department, disciplinary actions taken against the applicant by the department, and a copy of the department's summary of the annual number and types of runs of the emergency medical services providers operating in the city.
(2)
In considering whether to grant a LOA, the city council may issue a LOA only after a public hearing and only if the city council determines that:
(i)
The addition of another licensed emergency medical services provider will not interfere with or adversely affect the provision of emergency medical services by the licensed emergency medical services providers operating in the city;
(ii)
The addition of another licensed emergency medical services provider will remedy an existing provider shortage that cannot be resolved through the use of the licensed emergency medical services providers operating in the city; and
(iii)
The addition of another licensed emergency medical services provider will not cause an oversupply of licensed emergency medical services providers in the city.
(c)
Decision. After holding a public hearing, the city council shall determine if it shall grant an applicant a LOA based on the forgoing factors. The decision of the city council is final and binding and not subject to review. If a LOA is granted and the applicant is not yet licensed by the department, then the LOA is issued subject to the applicant receiving an emergency medical services provider license from the department, within three (3) months of the date of city council approval after which the LOA shall become null and void.
(Ord. No. 2015-32, § 1, 11-3-2015)