ORD-2010-012 EMS Second Reading: Amendments to the EMS Franchise Agreement

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• Y 11 ~' Response: The County Attorney's Office reviewed the letter and found that both the EMS Advisory Committee and the due process provisions provided by the Ordinance comported to the requirements of due process under both the federal and state constitutions. On January 21, 2010, these amendments were brought before the Board, the Board voted 6-'1 to approve the amendments to the Ordinance. Fire Chiefs from several volunteer fire departments raised concerns about not having input into the changes to the Ordinance and questioned how the amendments to the Ordinance would affect them. OC:RS again indicated it opposed the amendments to .the Ordinance for the same reasons i:hey indicated on December 7, 2009 and SORS spoke in favor of the proposed amendments to the Ordinance. The Board expressed concerns about the fire departments' position and the composition of the Emergency Medical Service Advisory Committee and EMS Peer Review Committee. Response: At the Board's December 7th meeting staff from the County Attorney`s office. indicated the amendments to the EMS Franchise Ordinance did not require volunteer fire depairtments to be permitted a franchise to provide services. that are considered fire fighting services. The volunteer fire departments are not in the business of providing the services governed by the Ordinance. There was no change recommended to require fire departments to have a franchise. The volunteer fire departments contract with the County to provide fire fighting and fire prevention service in the County. Fire fighting services necessarily include both first medical responder and extrication services, which are incidental to their obligations and specifically referenced in their existing contracts. However,. the North Carolina Administrative Code provides that County governments shall establish an EMS System that has among other things: o A defined scope of practice for all EMS personnel functioning in the EMS system; o VWritten policies and procedures describing dispatch, coordination and oversight of all responders that provide EMS care; 0 1/Written policies and procedures for the EMS System's EMS Care data for the daily and on-going management of all EMS System resources; o A written continuing education program for all credentialed EMS personnel, dE~veloped and modified based on feedback from system EMS Care data, review and evaluation of patient outcomes and quality management peer review that follow the guidelines of the US DOT NHTSA First Responder Refresher "National Standard Curriculum" for medical responder personnel; and 0 1Mritten policies and procedures to address management of the EMS System.2 The Department of Health and Human Services may -deny, suspend or revoke the approval of an EMS System for failure to comply with the requirements set forth above.3 s See l0A NCAC 13~P .0201. s l0A NCAC 13P .0701(1)(1)