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I admit that I have very little EMS experience, but I am having

trouble understanding these squabbles. Why are the cities (La Porte,

and now Texas City) putting the medics themselves in the middle of

these squabbles?

If the cities want to set an example, which is clearly what they were

doing here, why don't they fine the providers heavily?

This seems to be getting ridiculous.

Chris

EMS driver arrested for violating ordinance

By TJ Aulds

The Daily News

Published January 28, 2006

TEXAS CITY — Ambulance driver Ricky picked up an elderly

patient at Mainland Medical Center on Friday and took her home to

Ashton Parke Care Center.

An hour later, the 22-year-old nursing student was in handcuffs.

, an emergency medical technician for Windsor EMS, was charged

with violating Texas City's controversial ambulance provider

ordinance.

After dropped off his patient, he was approached by Texas City

EMS Director Matt , who had followed him from the hospital, and

Fire Marshal Rothrock, the city's public safety code

enforcement officer.

They told him he was going to be cited for violating the ordinance.

The decade-old ordinance was created to regulate ambulance and

Emergency Medical Services in the city.

It provides that only authorized or contracted firms can provide

medical transports within the city limits.

refused to sign the citation, which was actually a hand-written

note from the fire marshal on a fire prevention bureau inspection

sheet.

The resulting argument ended with Rothrock calling for ' arrest.

" I'm in shock — this is entirely ridiculous, " said shortly

after his parents paid a $256 fine to spring him from the city

jail. " I am about helping my patients and treating my patients. Now I

have an arrest on my record. "

said he refused to sign the form from Rothrock because he said

it was written in such a way that he would be admitting guilt. He

also said his bosses encouraged him not to sign.

said he plans to fight the charges in court.

Rothrock said left her no options when he refused to sign the

citation.

" He was on the phone with his boss and basically told me that he was

told not to sign it and `just take me to jail,' " said Rothrock.

said he begged to sign the citation, which would not

have resulted in a fine.

" I didn't want to see anyone arrested — that was not our intent, " he

said.

' boss Lynn said his company, which operates out of an

office on state Highway 3 just north of Dickinson, said the ambulance

was sent because a member of the hospital staff requested a medical

transport.

Mainland Medical Center spokesman Harold Fattig confirmed a " brand

new " staff member had called Windsor requesting the medical

transport. Fattig said the employee was unaware that such a request

had to be routed through the county ambulance service dispatch.

Fattig said no one at Windsor informed the nurse that the company was

restricted from providing the service.

" We only found out about this Thursday, " Fattig said. " We have 800

people we have been trying to inform of the process. It is going to

take a while. "

The old ordinance was loosely enforced for the better part of 10

years. Fire Chief Gerald Grimm admitted that enforcement in the past

was limited to letters being sent to firms threatening citations.

That all changed last week when a new EMS system was instituted.

Texas City, La Marque, Dickinson, Hitchcock and the county have

collaborated to form a cooperative ambulance service.

A letter from Grimm to private ambulance operators warned that unless

called on by the new EMS program, they were not allowed to provide

medical transports in the city.

Medical transports are generally nonemergency transfers between

hospitals and nursing homes that require an ambulance.

Medical transports are considered the money-making end of the

ambulance business.

Lynn joined a chorus of ambulance company officials and nursing home

operators during a meeting with Grimm on Thursday criticizing the

program as unfair and undercutting free enterprise.

Friday's incident prompted Grimm to accuse Windsor EMS and of

orchestrating his arrest " by refusing to cooperate with a peace

officer in the performance of her duties after witnessing a violation

of law, following several warnings previously issued to the company. "

Lynn called Grimm's accusation " ludicrous " and said his company would

not risk its reputation or employee's welfare by forcing the issue.

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Well, all I have to say after all of the last thread

is that these issues are becoming ridiculous.

However, some of these transfer services are giving

cities no choice. And I am refering to those that are

violating laws and ordinances. Beit not stocking

units properly, not staffing properly, running hot to

a transfer to avoid being late, or getting desperate

to run a 911 call. There are just way too many

services popping up. And unfortunately this may be a

good way to control these out of control services.

But now I just hope some of these cities are making

sure their 911 providers have enough units to cover

911 and transfers otherwise the pt is getting the

short end of the stick, whether it's a 911 pt or a

tranfer pt.

Salvador Capuchino

EMTP

--- mgardenssafety wrote:

> I admit that I have very little EMS experience, but

> I am having

> trouble understanding these squabbles. Why are the

> cities (La Porte,

> and now Texas City) putting the medics themselves in

> the middle of

> these squabbles?

>

> If the cities want to set an example, which is

> clearly what they were

> doing here, why don't they fine the providers

> heavily?

>

> This seems to be getting ridiculous.

>

> Chris

>

>

> EMS driver arrested for violating ordinance

>

> By TJ Aulds

> The Daily News

>

> Published January 28, 2006

>

> TEXAS CITY — Ambulance driver Ricky picked up

> an elderly

> patient at Mainland Medical Center on Friday and

> took her home to

> Ashton Parke Care Center.

>

> An hour later, the 22-year-old nursing student was

> in handcuffs.

>

> , an emergency medical technician for Windsor

> EMS, was charged

> with violating Texas City's controversial ambulance

> provider

> ordinance.

>

> After dropped off his patient, he was

> approached by Texas City

> EMS Director Matt , who had followed him from

> the hospital, and

> Fire Marshal Rothrock, the city's public

> safety code

> enforcement officer.

>

> They told him he was going to be cited for violating

> the ordinance.

>

> The decade-old ordinance was created to regulate

> ambulance and

> Emergency Medical Services in the city.

>

> It provides that only authorized or contracted firms

> can provide

> medical transports within the city limits.

>

> refused to sign the citation, which was

> actually a hand-written

> note from the fire marshal on a fire prevention

> bureau inspection

> sheet.

>

> The resulting argument ended with Rothrock calling

> for ' arrest.

>

> " I'm in shock — this is entirely ridiculous, "

> said shortly

> after his parents paid a $256 fine to spring him

> from the city

> jail. " I am about helping my patients and treating

> my patients. Now I

> have an arrest on my record. "

>

> said he refused to sign the form from Rothrock

> because he said

> it was written in such a way that he would be

> admitting guilt. He

> also said his bosses encouraged him not to sign.

>

> said he plans to fight the charges in court.

>

> Rothrock said left her no options when he

> refused to sign the

> citation.

>

> " He was on the phone with his boss and basically

> told me that he was

> told not to sign it and `just take me to jail,' "

> said Rothrock.

>

> said he begged to sign the citation,

> which would not

> have resulted in a fine.

>

> " I didn't want to see anyone arrested — that was not

> our intent, " he

> said.

>

> ' boss Lynn said his company, which

> operates out of an

> office on state Highway 3 just north of Dickinson,

> said the ambulance

> was sent because a member of the hospital staff

> requested a medical

> transport.

>

> Mainland Medical Center spokesman Harold Fattig

> confirmed a " brand

> new " staff member had called Windsor requesting the

> medical

> transport. Fattig said the employee was unaware that

> such a request

> had to be routed through the county ambulance

> service dispatch.

>

> Fattig said no one at Windsor informed the nurse

> that the company was

> restricted from providing the service.

>

> " We only found out about this Thursday, " Fattig

> said. " We have 800

> people we have been trying to inform of the process.

> It is going to

> take a while. "

>

> The old ordinance was loosely enforced for the

> better part of 10

> years. Fire Chief Gerald Grimm admitted that

> enforcement in the past

> was limited to letters being sent to firms

> threatening citations.

>

> That all changed last week when a new EMS system was

> instituted.

> Texas City, La Marque, Dickinson, Hitchcock and the

> county have

> collaborated to form a cooperative ambulance

> service.

>

> A letter from Grimm to private ambulance operators

> warned that unless

> called on by the new EMS program, they were not

> allowed to provide

> medical transports in the city.

>

> Medical transports are generally nonemergency

> transfers between

> hospitals and nursing homes that require an

> ambulance.

>

> Medical transports are considered the money-making

> end of the

> ambulance business.

>

> Lynn joined a chorus of ambulance company officials

> and nursing home

> operators during a meeting with Grimm on Thursday

> criticizing the

> program as unfair and undercutting free enterprise.

>

> Friday's incident prompted Grimm to accuse Windsor

> EMS and of

> orchestrating his arrest " by refusing to cooperate

> with a peace

> officer in the performance of her duties after

> witnessing a violation

> of law, following several warnings previously issued

> to the company. "

>

> Lynn called Grimm's accusation " ludicrous " and said

> his company would

> not risk its reputation or employee's welfare by

> forcing the issue.

>

>

>

>

>

>

>

>

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No, we must thank our city fathers for protecting our citizens from those evil

profit seeking, money grubbing private ambulance services and the mouth

breathing, knuckle dragging minions that work for them.

(For those that don't recognize it, orange level sarcasm mode on. :P )

Larry RN EMT-P

Houston

" The true soldier fights not because he hates what is in front of him, but

because he loves what is behind him. " - GK Chesterton

---------------------------------

Yahoo! Autos. Looking for a sweet ride? Get pricing, reviews, & more on new and

used cars.

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Before this gets out of control with the rumors and the

speculations, let me give some insite to this situtation. I am the

EMS Director for Texas City EMS and the facts that I state here are

that, they are the facts of the case.

The ordinance that was enforced was brought to law in 1993. Anyone

who knows about the EMS in South Galveston County is aware that the

ordinance was established to get private providers to bid the RFP in

the area for the 911 service. This ordinance allows the City to

provide a permit to ambulance providers so that they may control the

transport of non emergent patients in the city. Previous

contractors of the south Galveston Area enjoyed the " exclusive "

right to non emergent transport to help subsidize the service they

were providing to the low paying 911 side of the equation.

When Gold Star quit the county without completing their 3 year

contract, the Government officials of the area cities got together

for well over 4 months to find out how to provide a cost effective

EMS system, both 911 and transport. The way they did this is to

provide the exclusivity right to non emergent transports to the

Galveston Health District, Galveston EMS, and the profits made by

GEMS on the non emergent transfers were then divided in half, 50%

going to GEMS who also provides 911 service to some of the

incorportated as well as the unincorporated areas of the county and

50% goes back into the city of origination to help defray the cost

of the 911 system. To make this easy to understand, if GEMS makes

$100 profit off of a non emergent transfer in Texas City, they give

$50 of that back to the city to subsidize the cost of the 911

service. This is the only way to reduce the cost of providing EMS

service to the citizens and therefore, keeps the citizens from

having to pay more taxes to cover the non paying population.

The only way the system will work is enforcement of the exclusivity

right. Windsor EMS had received 4 warnings prior to this incident.

I personnaly was on scene, requesting the EMT to sign a document

which was only a warning. The signature purly said, " Copy Received

by:_______________ " and he was advised by his employer not to sign

the document. Poor advise. I do truly believe that the EMT felt he

had authorization to do the transport since he had an authorization

number given to him by his employer. Later, we find, that the call

originated from the facility and no authorization number could have

been given because the call did not come through the non emergency

dispatch number. Windsor EMS used their employee for the press they

got from the incident. Windsor EMS was wrong in violating the city

ordinance. I spent over an hour and a half trying to get the EMT to

sign the document but if you commit a crime, and fail to cooperate

with law enforcement, you must suffer the consequences. Any

questions, feel free to contact me off list at mparker@texas-city-

tx.org.

Matt

EMS Administrator

Texas City EMS

>

> No, we must thank our city fathers for protecting our citizens

from those evil profit seeking, money grubbing private ambulance

services and the mouth breathing, knuckle dragging minions that work

for them.

>

> (For those that don't recognize it, orange level sarcasm mode

on. :P )

>

> Larry RN EMT-P

> Houston

>

>

> " The true soldier fights not because he hates what is in front of

him, but because he loves what is behind him. " - GK Chesterton

>

>

>

> ---------------------------------

> Yahoo! Autos. Looking for a sweet ride? Get pricing, reviews, &

more on new and used cars.

>

>

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Before this gets out of control with the rumors and the

speculations, let me give some insite to this situtation. I am the

EMS Director for Texas City EMS and the facts that I state here are

that, they are the facts of the case.

The ordinance that was enforced was brought to law in 1993. Anyone

who knows about the EMS in South Galveston County is aware that the

ordinance was established to get private providers to bid the RFP in

the area for the 911 service. This ordinance allows the City to

provide a permit to ambulance providers so that they may control the

transport of non emergent patients in the city. Previous

contractors of the south Galveston Area enjoyed the " exclusive "

right to non emergent transport to help subsidize the service they

were providing to the low paying 911 side of the equation.

When Gold Star quit the county without completing their 3 year

contract, the Government officials of the area cities got together

for well over 4 months to find out how to provide a cost effective

EMS system, both 911 and transport. The way they did this is to

provide the exclusivity right to non emergent transports to the

Galveston Health District, Galveston EMS, and the profits made by

GEMS on the non emergent transfers were then divided in half, 50%

going to GEMS who also provides 911 service to some of the

incorportated as well as the unincorporated areas of the county and

50% goes back into the city of origination to help defray the cost

of the 911 system. To make this easy to understand, if GEMS makes

$100 profit off of a non emergent transfer in Texas City, they give

$50 of that back to the city to subsidize the cost of the 911

service. This is the only way to reduce the cost of providing EMS

service to the citizens and therefore, keeps the citizens from

having to pay more taxes to cover the non paying population.

The only way the system will work is enforcement of the exclusivity

right. Windsor EMS had received 4 warnings prior to this incident.

I personnaly was on scene, requesting the EMT to sign a document

which was only a warning. The signature purly said, " Copy Received

by:_______________ " and he was advised by his employer not to sign

the document. Poor advise. I do truly believe that the EMT felt he

had authorization to do the transport since he had an authorization

number given to him by his employer. Later, we find, that the call

originated from the facility and no authorization number could have

been given because the call did not come through the non emergency

dispatch number. Windsor EMS used their employee for the press they

got from the incident. Windsor EMS was wrong in violating the city

ordinance. I spent over an hour and a half trying to get the EMT to

sign the document but if you commit a crime, and fail to cooperate

with law enforcement, you must suffer the consequences. Any

questions, feel free to contact me off list at mparker@texas-city-

tx.org.

Matt

EMS Administrator

Texas City EMS

>

> No, we must thank our city fathers for protecting our citizens

from those evil profit seeking, money grubbing private ambulance

services and the mouth breathing, knuckle dragging minions that work

for them.

>

> (For those that don't recognize it, orange level sarcasm mode

on. :P )

>

> Larry RN EMT-P

> Houston

>

>

> " The true soldier fights not because he hates what is in front of

him, but because he loves what is behind him. " - GK Chesterton

>

>

>

> ---------------------------------

> Yahoo! Autos. Looking for a sweet ride? Get pricing, reviews, &

more on new and used cars.

>

>

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> Windsor EMS had received 4 warnings prior to this incident.

> I personnaly was on scene, requesting the EMT to sign a document

> which was only a warning. The signature purly said, " Copy Received

> by:_______________ " and he was advised by his employer not to sign

> the document.

> I spent over an hour and a half trying to get the EMT to

> sign the document but if you commit a crime, and fail to cooperate

> with law enforcement, you must suffer the consequences.

So here's an interesting question: if law enforcement was only

attempting to issue a warning (for which no signature can be required

because a warning isn't a promise to do any particular thing, like

signing a citation is a promise to appear)... what was the medic

actually arrested for? If for Violation of City Ordinance, one could

posit that the VCO arrest was in fact retailatory for refusing to sign

the warning... and could further posit that a person acting in the

capacity of EMS Director was using undue influence or even official

oppression to get the medic to sign a document that shouldn't require

a signature, then arresting the medic for a crime for which a warning

was going to be given in the first place.

Right or wrong, were I the employee of Windsor EMS I'd be hiring a

good attorney to go after the company for putting me in that situation

and providing a false approval number, and after Texas City PD, EMS,

Fire, etc. for their actions as law enforcement and in their official

positions.

If you're going to give a warning, give a warning.

If you're going to give a citation, give a citation.

If you're going to make an arrest, make an arrest.

If you want the deep pockets, cite the company... not the individual

medics. Why on earth these folks are even BOTHERING to go after the

individual medics I have no idea... although if I *WERE* going to go

after the medics, I'd do it with the clear and plain intent of

arresting BOTH of them so that I could impound the ambulance secondary

to arrest. But that's just me...

Mike :)

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> Windsor EMS had received 4 warnings prior to this incident.

> I personnaly was on scene, requesting the EMT to sign a document

> which was only a warning. The signature purly said, " Copy Received

> by:_______________ " and he was advised by his employer not to sign

> the document.

> I spent over an hour and a half trying to get the EMT to

> sign the document but if you commit a crime, and fail to cooperate

> with law enforcement, you must suffer the consequences.

So here's an interesting question: if law enforcement was only

attempting to issue a warning (for which no signature can be required

because a warning isn't a promise to do any particular thing, like

signing a citation is a promise to appear)... what was the medic

actually arrested for? If for Violation of City Ordinance, one could

posit that the VCO arrest was in fact retailatory for refusing to sign

the warning... and could further posit that a person acting in the

capacity of EMS Director was using undue influence or even official

oppression to get the medic to sign a document that shouldn't require

a signature, then arresting the medic for a crime for which a warning

was going to be given in the first place.

Right or wrong, were I the employee of Windsor EMS I'd be hiring a

good attorney to go after the company for putting me in that situation

and providing a false approval number, and after Texas City PD, EMS,

Fire, etc. for their actions as law enforcement and in their official

positions.

If you're going to give a warning, give a warning.

If you're going to give a citation, give a citation.

If you're going to make an arrest, make an arrest.

If you want the deep pockets, cite the company... not the individual

medics. Why on earth these folks are even BOTHERING to go after the

individual medics I have no idea... although if I *WERE* going to go

after the medics, I'd do it with the clear and plain intent of

arresting BOTH of them so that I could impound the ambulance secondary

to arrest. But that's just me...

Mike :)

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Matt -

Was the warning being issued on an official warning document? Or was

it, as the article said, a handwritten document on plain paper?

Inquiring minds want to know.

I'm sure you're facing challenges down there being the new

(relatively) service and all, and it sounds like you handled this

better than your neighbors - waiting until the call was complete and

the patient secure at their destination before challenging the

smuggler-EMS service... is there a link to the actual ordinance so we

could take a read and see how yours is structured?

Mike :)

> it boils down to providing cost effective EMS to the Citizens we are

> paid to provide service for. You don't get to choose the laws you

> have to obey, you just have to obey them. If you don't like the

> speed limit being 65, do you get to just do what you want and drive

> as fast as you want? If you get stopped by DPS, do you get to

> ignore his warnings? If you get beligerent with the officer, are

> you going to jail?

> Matt

>

>

>

>

>

> >

> > It's all boils down to MONEY

> >

> >

> >

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Matt -

Was the warning being issued on an official warning document? Or was

it, as the article said, a handwritten document on plain paper?

Inquiring minds want to know.

I'm sure you're facing challenges down there being the new

(relatively) service and all, and it sounds like you handled this

better than your neighbors - waiting until the call was complete and

the patient secure at their destination before challenging the

smuggler-EMS service... is there a link to the actual ordinance so we

could take a read and see how yours is structured?

Mike :)

> it boils down to providing cost effective EMS to the Citizens we are

> paid to provide service for. You don't get to choose the laws you

> have to obey, you just have to obey them. If you don't like the

> speed limit being 65, do you get to just do what you want and drive

> as fast as you want? If you get stopped by DPS, do you get to

> ignore his warnings? If you get beligerent with the officer, are

> you going to jail?

> Matt

>

>

>

>

>

> >

> > It's all boils down to MONEY

> >

> >

> >

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I am just curious....What was the medic arrested for? What was the actual

charge? If it was only a warning, he has the right of refusal to sign it. When

you sign a traffic citation all you are doing is signing a " Promise to Appear "

before a magistrate for a court date. If you refuse to sign the promise to

appear then the officer's next course of action is to take you before the

magistrate..ie: arrest you!!!

Secondly, if it was a city ordinance, it could only be a finable offense which

means by taking him to jail, you may have opened yourself up for a serious legal

battle. Now, mind you, if he got belligerent and was acting out to the point of

being disorderly then I can see a disorderly conduct charge. But just refusing

to sign a " warning " is not a criminal act.

And finally, taking a civil matter like this out on a medic who's only concern

is the health and well-being of the citizen he was caring for is just wrong. The

medic couldn't care less about the politics of the company he works for or for

the politics of the cities involved here. He is just trying to do right by the

patient. The company and the city don't care about the patient. All they care

about is who gets the check that medicare will cut to pay for the ride. So why

even mess with the medic that is trying to do what he is trained to do so he can

make his $12 per hour so he can scratch out his living. And now because you and

the company put him in the middle, he might lose his license due to an

unnecessary arrest record. If you were gonna go after anyone you should have had

the company fined for operating without the proper license/permits.

Jim Higginbotham

TX EMT-B/LEO

mpmedics wrote:

it boils down to providing cost effective EMS to the Citizens we are

paid to provide service for. You don't get to choose the laws you

have to obey, you just have to obey them. If you don't like the

speed limit being 65, do you get to just do what you want and drive

as fast as you want? If you get stopped by DPS, do you get to

ignore his warnings? If you get beligerent with the officer, are

you going to jail?

Matt

>

> It's all boils down to MONEY

>

>

>

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I just don't get this line of thinking AT ALL. If it's an issue with

WINDSOR EMS, why bother with Medics and EMT's? You have a city attorney,

county attorney, and criminal district attorney. File injunctions, fine

them, take them to court, flog them with soggy noodles, but for the love of

god and all that's holy, leave the medics and EMT's out of this. The last

two incidents illustrated a very bold point; EVERYONE is just trying to do

their job. The poor schmuck EMT being told not to sign, the fire marshal

who is enforcing an EMS ordinance (I still don't get that, was he on

fire?)The EMS administrator, The ER nurse, the slurpee guy at the 7-11, the

blind homeless person who " saw it all " , Try and think outside the

box....awww, never mind, write me a citation for not signing this post.

Re: Re: Here We Go Again

I am just curious....What was the medic arrested for? What was the actual

charge? If it was only a warning, he has the right of refusal to sign it.

When you sign a traffic citation all you are doing is signing a " Promise to

Appear " before a magistrate for a court date. If you refuse to sign the

promise to appear then the officer's next course of action is to take you

before the magistrate..ie: arrest you!!!

Secondly, if it was a city ordinance, it could only be a finable offense

which means by taking him to jail, you may have opened yourself up for a

serious legal battle. Now, mind you, if he got belligerent and was acting

out to the point of being disorderly then I can see a disorderly conduct

charge. But just refusing to sign a " warning " is not a criminal act.

And finally, taking a civil matter like this out on a medic who's only

concern is the health and well-being of the citizen he was caring for is

just wrong. The medic couldn't care less about the politics of the company

he works for or for the politics of the cities involved here. He is just

trying to do right by the patient. The company and the city don't care about

the patient. All they care about is who gets the check that medicare will

cut to pay for the ride. So why even mess with the medic that is trying to

do what he is trained to do so he can make his $12 per hour so he can

scratch out his living. And now because you and the company put him in the

middle, he might lose his license due to an unnecessary arrest record. If

you were gonna go after anyone you should have had the company fined for

operating without the proper license/permits.

Jim Higginbotham

TX EMT-B/LEO

mpmedics wrote:

it boils down to providing cost effective EMS to the Citizens we are

paid to provide service for. You don't get to choose the laws you

have to obey, you just have to obey them. If you don't like the

speed limit being 65, do you get to just do what you want and drive

as fast as you want? If you get stopped by DPS, do you get to

ignore his warnings? If you get beligerent with the officer, are

you going to jail?

Matt

>

> It's all boils down to MONEY

>

>

>

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I just don't get this line of thinking AT ALL. If it's an issue with

WINDSOR EMS, why bother with Medics and EMT's? You have a city attorney,

county attorney, and criminal district attorney. File injunctions, fine

them, take them to court, flog them with soggy noodles, but for the love of

god and all that's holy, leave the medics and EMT's out of this. The last

two incidents illustrated a very bold point; EVERYONE is just trying to do

their job. The poor schmuck EMT being told not to sign, the fire marshal

who is enforcing an EMS ordinance (I still don't get that, was he on

fire?)The EMS administrator, The ER nurse, the slurpee guy at the 7-11, the

blind homeless person who " saw it all " , Try and think outside the

box....awww, never mind, write me a citation for not signing this post.

Re: Re: Here We Go Again

I am just curious....What was the medic arrested for? What was the actual

charge? If it was only a warning, he has the right of refusal to sign it.

When you sign a traffic citation all you are doing is signing a " Promise to

Appear " before a magistrate for a court date. If you refuse to sign the

promise to appear then the officer's next course of action is to take you

before the magistrate..ie: arrest you!!!

Secondly, if it was a city ordinance, it could only be a finable offense

which means by taking him to jail, you may have opened yourself up for a

serious legal battle. Now, mind you, if he got belligerent and was acting

out to the point of being disorderly then I can see a disorderly conduct

charge. But just refusing to sign a " warning " is not a criminal act.

And finally, taking a civil matter like this out on a medic who's only

concern is the health and well-being of the citizen he was caring for is

just wrong. The medic couldn't care less about the politics of the company

he works for or for the politics of the cities involved here. He is just

trying to do right by the patient. The company and the city don't care about

the patient. All they care about is who gets the check that medicare will

cut to pay for the ride. So why even mess with the medic that is trying to

do what he is trained to do so he can make his $12 per hour so he can

scratch out his living. And now because you and the company put him in the

middle, he might lose his license due to an unnecessary arrest record. If

you were gonna go after anyone you should have had the company fined for

operating without the proper license/permits.

Jim Higginbotham

TX EMT-B/LEO

mpmedics wrote:

it boils down to providing cost effective EMS to the Citizens we are

paid to provide service for. You don't get to choose the laws you

have to obey, you just have to obey them. If you don't like the

speed limit being 65, do you get to just do what you want and drive

as fast as you want? If you get stopped by DPS, do you get to

ignore his warnings? If you get beligerent with the officer, are

you going to jail?

Matt

>

> It's all boils down to MONEY

>

>

>

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The fire marshall is a Texas Peace Officer. The EMT was in

violation of the ordinance by operating the ambulance inside the

city without a permit. Much the same as if you get a ticket in

Houston for violating the same or similar ordinance. The warning

was a judgement call on the FM, just as if you get a warning for a

speeding ticket. When the EMT became beligerent he changed the

situation. The FM is not required to give a warning, she is

required to enforce the ordinance. He chose to take it from a

warning to being put in jail, at his employers request. The warning

was on official Fire Marshall Notice form, not a blank piece of

paper..

> > >

> > > It's all boils down to MONEY

> > >

> > >

> > >

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The fire marshall is a Texas Peace Officer. The EMT was in

violation of the ordinance by operating the ambulance inside the

city without a permit. Much the same as if you get a ticket in

Houston for violating the same or similar ordinance. The warning

was a judgement call on the FM, just as if you get a warning for a

speeding ticket. When the EMT became beligerent he changed the

situation. The FM is not required to give a warning, she is

required to enforce the ordinance. He chose to take it from a

warning to being put in jail, at his employers request. The warning

was on official Fire Marshall Notice form, not a blank piece of

paper..

> > >

> > > It's all boils down to MONEY

> > >

> > >

> > >

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I think maybe pulling the unit over and ordering them

out of the city would do just fine. Maybe this would

have played out different in La Porte if they had

pulled the unit over and ordered the medics to return

to their station or escort them out of the city limits

would have avoided the huge fiasco. La Porte had

knowledge all they had to do was notify PD to do so if

spotted.

Salvador Capuchino

EMT-P

--- Mike wrote:

> > TEXAS CITY — Ambulance driver Ricky picked

> up an elderly

> > patient at Mainland Medical Center on Friday and

> took her home to

> > Ashton Parke Care Center.

> >

> > An hour later, the 22-year-old nursing student was

> in handcuffs.

> >

> > , an emergency medical technician for Windsor

> EMS, was charged

> > with violating Texas City's controversial

> ambulance provider

> > ordinance.

>

> What about ' partner? No mention here...

>

> Mike :)

>

>

>

>

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With all due respect MR Mod 2 ( Why do you not

identify yourself as the posting rules suggest that

everyone sign their posts, or are you leading from

behind instead of the front) the issue involved EMS

personnel, so this makes it an EMS issue that if other

EMS Directors, etc are reading, maybe it will keep

another such incident from occuring. Everyone here is

entitled to voice their opinions and maybe after

reading some responses amy affect the writers opinion.

Salvador Capuchino

EMT-Paramedic

Not afraid to sign my posts, opinions, etc

--- temsf_mod2 wrote:

> Group

>

> This thread about the arrest of a Windsor EMS medic

> has resurfaced.

> While a very interesting subject it more of a law

> enforcement

> discussion than a discussion about EMS.

> The orginal post that has started the latest round

> of messages did ask

> people with questions to email him off list and that

> is a good idea.

>

> Thanks

> Mod 2

>

>

>

>

>

>

>

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I have stayed out of this discussion because I don't have a dog in the

fight. The concept of exclusivity in ambulance ordinances was first used in

cities such as Dallas and Houston (and throughout the US) to limit emergency

responses to the city-operated ambulance provider (usually the FD). This was

in response to the old system where there were multiple for-profit operators

providing a patchwork response system. However, these cities did not want to

provide the more profitable non-emergency transports. They did elect, in

most instances, to permit those services who provided non-911 care and

occasionally used them for 911 back-up if they were so equipped. When Jack

Stout developed his Public Utility Model (PUM), he sought to assure that all

business (911 and non-911) went to the designated contractor. Thus

ordinances were established that allowed only the designated service to

pick-up and transport within the city. When this was challenged in court

(sorry, I don't have the cite--but early 1980s), the courts ruled that the

ordinance was legal, but also ruled that a service could pick-up outside the

city and bring a patient into the city or pick-up a patient in the city and

deliver them outside the city. Fort Worth and other cities (Waxahachie,

Tyler, Tulsa, Oklahoma City) that use systems that follow the Stout model

(MedStar, ETMC EMS, EMSA) have these ordinances. On several occasions in

Waxahachie we were asked (medical director and fire chief) to enforce the

ordinance when small transfer services came to town. Generally, the fire

chief would give the operator a call and send out a copy of the ordinance

and things would end there. We never wanted to even possibly compromise

patient care.

It amazes me that these actions in South Texas are met with such surprise

and indignation when they have been a part of the EMS landscape for over 20

years, While the free-market should prevail, all one has to do is look at

the medical helicopter industry and see that EMS, in whatever form, never

can manage itself and government must step in.

E. Bledsoe, DO, FACEP

Card-Carrying Conservative

Midlothian, Texas

Don't miss the Western States EMS Cruise!

http://proemseducators.com/index.html

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I have stayed out of this discussion because I don't have a dog in the

fight. The concept of exclusivity in ambulance ordinances was first used in

cities such as Dallas and Houston (and throughout the US) to limit emergency

responses to the city-operated ambulance provider (usually the FD). This was

in response to the old system where there were multiple for-profit operators

providing a patchwork response system. However, these cities did not want to

provide the more profitable non-emergency transports. They did elect, in

most instances, to permit those services who provided non-911 care and

occasionally used them for 911 back-up if they were so equipped. When Jack

Stout developed his Public Utility Model (PUM), he sought to assure that all

business (911 and non-911) went to the designated contractor. Thus

ordinances were established that allowed only the designated service to

pick-up and transport within the city. When this was challenged in court

(sorry, I don't have the cite--but early 1980s), the courts ruled that the

ordinance was legal, but also ruled that a service could pick-up outside the

city and bring a patient into the city or pick-up a patient in the city and

deliver them outside the city. Fort Worth and other cities (Waxahachie,

Tyler, Tulsa, Oklahoma City) that use systems that follow the Stout model

(MedStar, ETMC EMS, EMSA) have these ordinances. On several occasions in

Waxahachie we were asked (medical director and fire chief) to enforce the

ordinance when small transfer services came to town. Generally, the fire

chief would give the operator a call and send out a copy of the ordinance

and things would end there. We never wanted to even possibly compromise

patient care.

It amazes me that these actions in South Texas are met with such surprise

and indignation when they have been a part of the EMS landscape for over 20

years, While the free-market should prevail, all one has to do is look at

the medical helicopter industry and see that EMS, in whatever form, never

can manage itself and government must step in.

E. Bledsoe, DO, FACEP

Card-Carrying Conservative

Midlothian, Texas

Don't miss the Western States EMS Cruise!

http://proemseducators.com/index.html

Link to comment
Share on other sites

I have stayed out of this discussion because I don't have a dog in the

fight. The concept of exclusivity in ambulance ordinances was first used in

cities such as Dallas and Houston (and throughout the US) to limit emergency

responses to the city-operated ambulance provider (usually the FD). This was

in response to the old system where there were multiple for-profit operators

providing a patchwork response system. However, these cities did not want to

provide the more profitable non-emergency transports. They did elect, in

most instances, to permit those services who provided non-911 care and

occasionally used them for 911 back-up if they were so equipped. When Jack

Stout developed his Public Utility Model (PUM), he sought to assure that all

business (911 and non-911) went to the designated contractor. Thus

ordinances were established that allowed only the designated service to

pick-up and transport within the city. When this was challenged in court

(sorry, I don't have the cite--but early 1980s), the courts ruled that the

ordinance was legal, but also ruled that a service could pick-up outside the

city and bring a patient into the city or pick-up a patient in the city and

deliver them outside the city. Fort Worth and other cities (Waxahachie,

Tyler, Tulsa, Oklahoma City) that use systems that follow the Stout model

(MedStar, ETMC EMS, EMSA) have these ordinances. On several occasions in

Waxahachie we were asked (medical director and fire chief) to enforce the

ordinance when small transfer services came to town. Generally, the fire

chief would give the operator a call and send out a copy of the ordinance

and things would end there. We never wanted to even possibly compromise

patient care.

It amazes me that these actions in South Texas are met with such surprise

and indignation when they have been a part of the EMS landscape for over 20

years, While the free-market should prevail, all one has to do is look at

the medical helicopter industry and see that EMS, in whatever form, never

can manage itself and government must step in.

E. Bledsoe, DO, FACEP

Card-Carrying Conservative

Midlothian, Texas

Don't miss the Western States EMS Cruise!

http://proemseducators.com/index.html

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Share on other sites

Hey Mike.

Go to www.municode.com <http://www.municode.com/> , their ordinances (and

others) are posted there.

Jack

_____

From: [mailto: ] On

Behalf Of Mike

Sent: Saturday, January 28, 2006 11:12 PM

To:

Subject: Re: Re: Here We Go Again

Matt -

Was the warning being issued on an official warning document? Or was

it, as the article said, a handwritten document on plain paper?

Inquiring minds want to know.

I'm sure you're facing challenges down there being the new

(relatively) service and all, and it sounds like you handled this

better than your neighbors - waiting until the call was complete and

the patient secure at their destination before challenging the

smuggler-EMS service... is there a link to the actual ordinance so we

could take a read and see how yours is structured?

Mike :)

> it boils down to providing cost effective EMS to the Citizens we are

> paid to provide service for. You don't get to choose the laws you

> have to obey, you just have to obey them. If you don't like the

> speed limit being 65, do you get to just do what you want and drive

> as fast as you want? If you get stopped by DPS, do you get to

> ignore his warnings? If you get beligerent with the officer, are

> you going to jail?

> Matt

>

>

>

>

>

> >

> > It's all boils down to MONEY

> >

> >

> >

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Share on other sites

Hey Mike.

Go to www.municode.com <http://www.municode.com/> , their ordinances (and

others) are posted there.

Jack

_____

From: [mailto: ] On

Behalf Of Mike

Sent: Saturday, January 28, 2006 11:12 PM

To:

Subject: Re: Re: Here We Go Again

Matt -

Was the warning being issued on an official warning document? Or was

it, as the article said, a handwritten document on plain paper?

Inquiring minds want to know.

I'm sure you're facing challenges down there being the new

(relatively) service and all, and it sounds like you handled this

better than your neighbors - waiting until the call was complete and

the patient secure at their destination before challenging the

smuggler-EMS service... is there a link to the actual ordinance so we

could take a read and see how yours is structured?

Mike :)

> it boils down to providing cost effective EMS to the Citizens we are

> paid to provide service for. You don't get to choose the laws you

> have to obey, you just have to obey them. If you don't like the

> speed limit being 65, do you get to just do what you want and drive

> as fast as you want? If you get stopped by DPS, do you get to

> ignore his warnings? If you get beligerent with the officer, are

> you going to jail?

> Matt

>

>

>

>

>

> >

> > It's all boils down to MONEY

> >

> >

> >

Link to comment
Share on other sites

Hey Mike.

Go to www.municode.com <http://www.municode.com/> , their ordinances (and

others) are posted there.

Jack

_____

From: [mailto: ] On

Behalf Of Mike

Sent: Saturday, January 28, 2006 11:12 PM

To:

Subject: Re: Re: Here We Go Again

Matt -

Was the warning being issued on an official warning document? Or was

it, as the article said, a handwritten document on plain paper?

Inquiring minds want to know.

I'm sure you're facing challenges down there being the new

(relatively) service and all, and it sounds like you handled this

better than your neighbors - waiting until the call was complete and

the patient secure at their destination before challenging the

smuggler-EMS service... is there a link to the actual ordinance so we

could take a read and see how yours is structured?

Mike :)

> it boils down to providing cost effective EMS to the Citizens we are

> paid to provide service for. You don't get to choose the laws you

> have to obey, you just have to obey them. If you don't like the

> speed limit being 65, do you get to just do what you want and drive

> as fast as you want? If you get stopped by DPS, do you get to

> ignore his warnings? If you get beligerent with the officer, are

> you going to jail?

> Matt

>

>

>

>

>

> >

> > It's all boils down to MONEY

> >

> >

> >

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  • 2 weeks later...

American Medical Response of Houston will be conducting an EMT-Basic

certification course beginning February 14. The classes will be Tuesday,

Thursday nights from 1830-2200 and alternating Saturdays from 0800-1700.

Classroom hours total 167 hours. The hospital rotations will be through the

Memorial-Hermann system, and ambulance internship includes MCHD EMS.

The cost of the course will be $700.00. This figure includes the cost for

EVOC, BTLS-B, and PEPP-B courses which are built-in to the schedule as well

as uniform shirt, textbook, workbook and pocket reference book.

Interested parties may contact Thom Seeber @ x-3037 or at

with any questions concerning the course.

Thom Seeber, CCEMT-P

American Medical Response

O: 7 C:

" Premim non nocere "

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