RESOLUTION 90-20107 RESOLUTION NO. 90-20107
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH EXTENDING THE EXISTING
EMERGENCY MEDICAL SERVICE (EMS) AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND HARRY
HEINITSH, M.D. AS MEDICAL DIRECTOR OF THE
CITY OF MIAMI BEACH FROM OCTOBER 1, 1990
TO SEPTEMBER 30, 1991
WHEREAS, the City of Miami Beach contracted with Harry
Heinitsh, M.D. , to act as Medical Director for the City' s EMS
Service from August 28 , 1989 through September 30, 1990; and
WHEREAS, the City wishes to extend this Agreement from October
1, 1990 through September 30, 1991; and
WHEREAS, the City Manager recommends the extension of the
Agreement and the City Attorney has approved the existing Agreement
as to form,
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk
are hereby authorized to extend the Emergency Medical Service
Agreement between Harry Heinitsh, M.D. , and the City of Miami Beach
for Medical Director of the City of Miami Beach from October 1,
1990 through September 30, 1991.
PASSED AND ADOPTED THIS 19th day of September , 1990.
ATTEST:
19_,ett-4 6 "Af‘lt--/ 'NO
CITY CLERK ' VI * MAYOR
APPROVED AS TO FORM:
LEGAL DEPARTMENT
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. Cb- ---940
DATE: September 19 , 1990
TO: Mayor Alex Dao- i and
Members of t, - City Corn •Iss'v4
40F 9%/fr
FROM: Rob We Parki V,A .O
City Manager Or
SUBJECT: A RESOLUTION AUTHORIZING THE EXTENSION OF THE AGREEMENT
BETWEEN HARRY HEINITSH, M.D. , AND THE CITY OF MIAMI BEACH
AS THE MEDICAL DIRECTOR FOR THE CITY OF MIAMI BEACH.
The City of Miami Beach entered into an Emergency Medical Service
Director Agreement with Harry Heinitsh, M.D. , commencing August 27,
1989, thru September 30, 1990 with a provision that the term may
be extended by Mutual Agreement.
The City and Dr. Heinitsh, now mutually agree to extend the
agreement from October 1, 1990 thru September 30, 1991.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission extend the
agreement by the attached Resolution.
A\Rescue\MDCOMMJ.MMO
21
AGENDA
�
ITEM cHE
`
I oDATE
EMS MEDICAL DIRECTOR AGREEMENT
THIS AGREEMENT made this 27th day of September, 1990 by and
between the CITY OF MIAMI BEACH, a Florida Municipal Corporation
having an address of 1700 Convention Center Drive, Miami Beach,
Florida 33139, hereinafter referred to as "City" and HARRY
HEINITSH, M.D. , having an address of 6396 Manor Lane, Apartment 6,
South Miami, Florida 33143 hereinafter referred to as "Doctor. "
WITNESSETH
WHEREAS, The City wishes to contract for a Medical Director
of the City' s Emergency Medical Services ("EMS") provided by the
City's Fire Department; and
WHEREAS, Doctor wishes to serve as the Medical Director for
the City' s EMS service.
NOW THEREFOR , in consideration of the mutual covenants and
other good and valuable consideration the receipt and sufficiency
of which is hereby acknowledged the parties agree to follows:
1. Term. The term of the Agreement shall be one (1) year
commencing on the 1st of October 1990. The term may be extended
by mutual Agreement.
2 . Services. Director agrees to Direct and Coodinate the
delivery of the City' s EMS system in accordance with the State of
Florida Department of Health and Rehabilitative Services "EMS
Program Letter 86-2 Medical Direction" , dated March 18 , 1986 and
other pertinent State of Florida Statutes, Dade County and City of
Miami Beach Ordinances. A copy of the HRS Program Letter 86-2 is
attached hereto as Exhibit "A" and by reference made a part hereof.
Doctor acknowledges that he has read and is familiar with the
foregoing Program Letter.
3 . Payment. City agrees to pay Doctor compensation for the
above services at an annual rate of fifty three thousand seven
hundred fifty dollars ($53 , 750. 00) , payable in 26 equal bi-weekly
amounts.
4 . Medical Malpractice Insurance. City agrees to provide
on behalf of Doctor, medical malpractice liability insurance for
the period of time he acts as the City' s Medical Director. Such
insurance shall cover Doctor only for the activities relating to
Doctor' s capacity as Medical Director and not to any other
activities of Doctor. City shall have the option to self insure
Doctor' s medical malpractice liability, to the extent permitted by
law, but only up to the limits of liability set forth in Florida
Statute 768 . 28 .
5. No Partnership. Nothing herein contained shall create
or be construed as creating a co-partnership between the City and
the Doctor or to constitute the Doctor as an agent of the City.
6. Miscellaneous. The services to be rendered by Doctor
pursuant to this Agreement may not be assigned to or rendered by
any other person or any other legal entity. This Agreement shall
be construed in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have caused their names
to be signed and the seals to be affixed, as of the day and year
first above written.
ATTEST1cI,1t, ��4. � IAMI BE H
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CITY CLERK Vice =OR
WITNESS DOCTOR
BY
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ARRY�INITSH, M.D.
APPROVED AS TO FORM
LEGAL DEPARTMENT
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FUNDI (;eJ PPROVED
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A-; DEPARTMEr- OF HEALTH tNU REI' 1rILiiAi1VE SER\'10ES
. wt.ffPDHEMS March 1 1986
SUBJECT : EMS Program Letter 8G-2 Medical Direction
TO : Medical Directors
.0
1 . Our records indicate that you are serving as the medical
director of a licensed EMS provider . As a medical ° di recto r
you will function as an educator , an enforcer , an evaluator ,
and , most importantly , as the person who is most legally liable
for the medical treatment provided by your service to emergency
patients . There are many other implied and explicit
responsibilities and legal obligations inherent in a medical
director ' s position . The purpose of this letter is to apprise
you . of those legal responsibilities and obligations .
2 . Listed below are the principal legal references that relate
to medical direction . Attachment 1 is an extract of key
provisions from . these references . As a licensed physician you
are probably already familiar with the statute governing yriur
license , either reference 2a or 2b below . The last two
references ,' however , may be new to you . These should be readily
available from the service with whom you ' re employed . If not
write us for a copy .
a . Chapter 458 , Florida Statutes , Medical Practice
b . Chapter 459 , F lorida Statutes , Osteopathy *
c . Chapter 401 , Florida Statutes , Medical Telecommunications
and Transportation
d . Chapter 10D-66 , Florida Administrative Code , Emerge!).cy
Medical Services
3 . Role and Responsibilities :
a . Acceptable Evidence of - Contract or Employment . It is
- the responsibility of the licensed service to provide us with
written evidence that it has employed or contracted with a medical
. director . Verbal agreements for medical direction place both
you and the service in a very tenuous legal position . Whether
or not medical direction was actually provided , will ultimately
be decided by evidence of a written contract , affidavit , or
letter of agreement that clearly defines your role , is time
specific , and is signed by you and the service representative .
( 401 . 263 , F . S . and 10D-66 . 50 ( 3 ) , ( 4 ) , F . A .C . )
)
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Florida Statutes ( F . S . ) and
Florida Administrative Code ( F . A .C . )
.
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Chapter 401 , F . S . , medical Telecommunications ``end Tran r,ortn re ; ')f
} " 401 . 23 Definitions . -As used in this act , the term :
( 14 ) "Medical direction " means direct a supervision P by
physician through two-way voice communication or , when• such
voice communication is unavailable , established throe h ' ng
g s .and�
orders , pursuant to rules of the department .
( 15 ) "Medical director " means a physician whoemployed
. P y is
or contracted by a licensed emergency medical services provider
and who provides medical supervision , not including administrative
and managerial functions , for daily operations and training
pursuant to the provisions of this act . "
"401 : 26 5 Medical .directors .t
Al ) ) Any emergency medical services system which employs
e
or utilizes paramedics to perform advanced life supportrocedures
P
shall employ , or contract with , a medical director who is a
licensed physician ; a corporation , association , orartne rsh i
P P
composed of physicians ; or physicians employed by any hospital
which delivers in-hospital emergency medical • servi ces and which
employs or contracts with physicians specifically for that
P Y
purpose . Such a hospital , physician , corporation , association ,
or partnership shall designate one physician from that
organization to be medical director , who shall supervise and
assume direct responsibility for the medical performance of
the emergency medical technicians and paramedics operating for
that emergency medical services system. The medical director
shall perform duties including advising , consulting , training ,
. counseling , and ' overseeing of services , but not including
administrative and managerial functions .
( 2) j, Such responsibility shall include reporting to the
Department of Health and Rehabilitative Services any !rlerr nncy
e- 1
medical technician or paramedic deemed , in the opinion of the
medical director , to be
incompetent in the performance of his
P
duties .. Such a report of alleged incompetency shall include
a statement of the specific acts of alleged incompetency . Within
7 days of receipt of such a report , the department shall provide .
the emergency medical technician or paramedic a copy of the
report of alleged incompetency . If the department determines
that the report of alleged incomoe toency is insufficient for
disciplinary action against the emergency medical technician
or paramedic pursuant to s . 401 . 411 , the report shall be e:-.punaed
from the record of the emergency medical technician or parameri i . `°
.. •1. _ •... v __ ... ♦ _ - _.. - ._ -• .. .._ -S.♦.._ _ .. .. . } _..... ....e .._ .. .. __ ..
C t•:oter 100-66 , F . A G C o E,nergency Medical Servi_is
"1.OD--66 . 50 Advanced Life Support Services License-Ground
( 3 ) Each ALS provider shall employ or contract with a medi ca L
' director . It is the responsibility oC thn ALS snrvi.dce to pp rovidr
written evidence ( i . e . , copy of contract , affidavit , or other r
valid evidence ) to the Department that it has employed or
contracted with a medical director .
( 4CJThe medical d . rector ofv w ° •the ALS provider �. �.1 .
(aTJ)
aSupervoise and accept direct responsibility for
the
medicl performance of the paramedics and emergency medical
technicians functioning for the ALS provider with which he is
employed or with which he has a contract .
(b ) J Develop or review for medical correctness Develop orr_ctness and authorize
, : for use, standing orders and protocols to
P ermit specified ALS
procedures when communication cannot be established with a
responsible physician or when , any delay in patient care would
have potential life threatening consequences .
(.c ); I Develop and implement an appropriate process for periodic
review and audit of patient
assessment skills , medical procedurns
performed and reported by paramedics and emergency medical
• technicians of the licensed ALS service by which he is employed .
.(4) ) Continually evaluate the medical qualifications of
the paramedics and emergency medical technicians employed by
the service .
( ) J Be responsible for immediately reporting tin to the
P g
Department pursuant to section 401 . 265 ( 2 ) , F . S . , any paramedic
or emergency medical technician deemed , in his opinion as medical
director , to be incompetent in the performance of their duties
Such a report will be investigated and a . de to rmir.a ticn of tyle
alleged incompetency will be made by the Department . "
"Section 10D-66 . 51 , Air Ambulances .
( 2 ) ( a ) Each air ambulance .. service must employ a medical
director who is a Florida licensed physician knowledgeable of
the aeromedical requirements of patients . It is the
responsLbility of the Air Ambulance Service applicant to provide
written evidence to the Department that it has employed • or
contracted with a Medical Director .
( 2 ) ( b ) The Medical Director of the ambulance ser-:ice will
be responsible for :
1 . Being knowledgeable of the capabilities and limitations
of the aircraft used by his service .
2
28
ORIGINAL
RESOLUTION NO. 90-20107
Extending the existing Emergency Medical
Service (EMS) agreement between the City
of Miami Beach and Harry Heinitsh, M.D.
as medical director of the City of Miami
Beach from October 1, 1990 to
September 30, 1991.