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14-MOTION TO APPROVE DR SHARON MALONE AS EMS MEDICAL DIRECTORCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: O 1-09-2012 Council Date: E.M.S. Kent Klinkernlan 14. 01-23-2012 RECOMMENDED MOTION: Move to approve Dr. Sharon Malone as E.M.S. Medical Director. POLICY ISSUE(S): Contract BACKGROUND: Dr. Eduardo Wilkinson has served as the EMS Medical Director since 2008. He has since opened his medical practice in Richardson. His time is extremely limited and is unable to meet the requirements of the contract. I am grateful for everything that Dr. Wilkinson has done for Paris EMS. Dr. Malone is the Medical Director for the PJC EMS Program. She is in Paris on a regular basis and is very interested in being the EMS Medical Director. Dr. Malone is an experienced EMS Medical Director and is very capable of helping Paris EMS maintain a quality EMS program. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution, Contract and Curriculum Vitae ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $12,000 ❑ Department Report ❑ Resolution Budgeted Amt. $12,000 ~ Presentation ❑ Ordinance yTD Actual $4,000 ~ Public Hearing ❑ Other Acct. Name EMS Medical Director Acct. Number 01-0350-54-00 FISCAL NOTES: REVIEWED AND APPROVED BY: ~ Administration Z Ciry Clerk ❑ Community Development E EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Libraty ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 80 D RAFT RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; ACCEPTING THE REPLACEMENT OF DR. EDUARDO WILKINSON AS MEDICAL DIRECTOR OF THE EMERGENCY MEDICAL SERVICE OF THE CITY OF PARIS; APPOINTING DR. SHARON MALONE TO SERVE AS MEDICAL DIRECTOR FOR THE EMERGENCY MEDICAL SERVICE OF THE CITY OF PARIS; APPROVING AND AUTHORIZING THE EXECUTION OF AN EMS MEDICAL CONTROL AGREEMENT WITH DR. SHARON MALONE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, in accordance with Chapter 773 of the Texas Health & Safety Code and Title 25, Part 1, Chapter 157 of the Texas Administrative Code and Title 22, Part 9, Chapter 197 of the Texas Administrative Code, the Emergency Medical Services Department of the City of Paris is required to contract with a licensed medical doctor to provide EMS medical direction to the City's Emergency Medical Services Operation; and, WHEREAS, Dr. Eduardo Wilkinson has served as the EMS Medical Director since April 1, 2008. He has since opened his medical practice in Richardson, and is no longer able to meet the requirements of the contract, and Dr. Malone is the Medical Director for Paris Junior College EMS Program and is and experienced EMS Medical Director and is very capable of helping Paris EMS maintain a quality EMS program. She has agreed to serve as the new medical director; and, WHEREAS, an EMS Medical Control Performance Agreement with Dr. Sharon Malone, attached hereto and incorporated herein as Exhibit "A", should, in all things be approved, and the City Manager be, and is hereby authorized to execute the agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the replacement of Dr. Wilkinson as Medical Director for the Emergency Medical Service of the City of Paris be, and is hereby, accepted, with deep appreciation for the invaluable service which he rendered the citizens of the city of Paris. Section 3. That beginning February 1, 2012, Dr. Sharon Malone be, and is hereby, appointed as Medical Director for the Emergency Medical Service Department of the City of 81 Paris, and she is empowered to perform the duties and obligations enumerated by the laws of the State of Texas and as also set forth in the Agreement attached hereto and incorporated herein as Exhibit "A". Section 4. That an EMS Medical Control Agreement with Dr. Sharon Malone, attached hereto as Exhibit "A", be, and is hereby approved. Section S. That the City Manger be, and is hereby, authorized and directed to execute and the City Clerk to attest, on behalf of the City of Paris, the EMS Medical Control Agreement, substantially in accordance with the terms and conditions and in the form shown in Exhibit "A", attached hereto. Section 3. This resolution shall be effective immediately upon passage. DULY PASSED AND APPROVED this 23rd day of January, 2012. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney . 82 EMS MEDICAL CONTROL PERFORMANCE AGREEMENT STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ) This Agreement is made and entered into the 1 st day of February, 2012, between CITY OF PARIS EMERGENCY MEDICAL SERVICE, hereinafter referred to as "CITY," and Sharon Malone, M.D., hereinafter referred to as "PHYSICIAN", (collectively "Parties"). WITNESSETH WHEREAS, it is agreed by the aforementioned Parties to be of mutual interest and advantage that Dr. Sharon Malone will provide EMS Medical Direction to CITY as defined and required in Chapter 773 of the Health Code of the State of Texas, Texas Administrative Code chapter 197, and Texas Administrative Code Chapter 157; and, WHEREAS, CITY agrees to budget and pay PHYSICIAN $12,000 annually, payable monthly, to Dr. Malone for providing EMS Medical Control services. THEREFORE, Dr. Malone on this date effects the following agreement with the CITY to obtain funding to provide CITY with EMS Medical Control. 1. RESPONSIBILITIES OF MEDICAL DIRECTOR 1. Provide EMS Medical Director Services Dr. Malone shall provide EMS Medical Director Services for the Emergency Medical Services Department of the City of Paris as defined in Chapter 773 of the Texas Health and Safety Code of the State of Texas, Texas Administrative Code Chapter 197, and Texas Administrative Code Chapter 157. Patient care policies, protocols, and procedures will be established and continually upgraded by Dr. Malone with collaboration and cooperation of the CITY Administration, the CITY EMS DIRECTOR, and the CITY EMS Training Coordinator. Off-line Medical Control will be established by policies, protocols, and procedures. On-line Medical Control will be coordinated with the on-duty Emergency Department physicians at Paris Regional Medical Center Hospital. Page 1 of 6 83 ~ Exc-h~~ 1, 1, ~ 0 2. Provide Continuous Quality Improvement Dr. Malone shall direct, approve, and oversee all Quality Improvement activities. Methods of Continuous Quality Improvement will include chart audits, EMS training officer observations, exception reports, ED Physician feedback, educational programs, protocol testing, skills testing, random surveys, and organized research activities. Dr. Malone will develop immediate action plans for sentinel events which are defined as resuscitation cases, no transports, patient or family complaints, high risk procedures such as cricothyrotomy, chest decompression, intraosseous placement, rapid sequence induction, narcotic administration, adverse outcomes, and communication failures. In addition, Dr. Malone will see that 10% of each EMS certificant's patient charts are audited bi-monthly. Dr. Malone will arrange for assistance in Continuous Quality Improvement gathering if calls run more than 75 days behind processing. This assistance will be provided at no extra cost to Dr. Malone. Dr. Malone will also oversee the operation of an ad hoc peer review committee made up of three CITY paramedics, two first responders, and one ED Nurse. 3. Approve Continuing Education Programs Dr. Malone shall approve continuing education based on Continuous Quality Improvement parameters and individual improvement programs. Dr. Malone will develop specialized programs and implement them as needed through the office of the City of Paris EMS Training Coordinator. 4. Representation Dr. Malone will be required to attend the Ad Hoc Peer Review meetings when scheduled. Periodic and special requested attendance will be required for Medical Staff ineetings at Paris Regional Medical Center, Emergency Department Committees, and CITY Council meetings as well as any other matters requiring the involvement of the Medical Director. Dr. Malone will provide information on Continuous Quality Improvement for local concern and customization of policies, protocols, and procedures. 5. Accountability Dr. Malone is accountable and responsible for all patient care protocols the extension, limitations of extension, or removal of authority to any EMS provider in the CITY EMS Page 2 of 6 R Q System to provide emergency medical care. Dr. Malone will also understand this Agreement is a Performance Contract. II. RESPONSIBILITIES OF CITY The CITY shall: 1. Provide an EMS Training Coordinator to organize and carry out action plans of continuous quality improvement and comprehensive and relevant continuing education programs. 2. Provide adequate notice for meetings and deadlines. 3. Provide $12,000 in funding annually, payable in equal monthly installments of $1,000, for EMS Medical Control. 4. The City shall provide malpractice insurance in the amount of $5,000,000 through the City's insurance carrier. 5. Provide space at a City facility for the review of calls, development of protocols and policies. Office functions such as printing, copying, mailing, email, office supplies shall be supplied. 6. Provide the EMS Medical Director with an official uniform with appropriate badge and patches. 7. Provide the EMS Medical Director a portable radio for communication with EMS resources. 8. Provide the EMS Medical Director with training funds for personal EMS Medical Director development. 9. Pay annual association dues to the Texas EMS Medical Directors. III. RESPONSIBILITIES OF CITY AND DR. MALONE City and Dr. Malone shall: 1. Agree on the amount of annual funding, with the ultimate decision being that of CITY. 2. Agree to customize protocols, policies, and procedures based on local emphasis and patient need. Page 3 of 6 85 IV. TERM OF AGREEMENT This Agreement shall be effective on February 0 1, and end on January 31; provided that this Agreement shall renew annually on February 1 of each year upon written agreement signed by both Parties which sets the compensation amounts. Any renewals hereof shall be subject to all other provisions of this agreement. This Agreement may be terminated at any time by either Party by giving written notice to the other Party ninety (90) days prior to termination, during any ninety (90) days' notice period pursuant to this Agreement, the parties will continue to provide services designated herein without any diminution of said services, and Dr. Malone will cooperate with any new provider to ensure the smooth transition of these services to the new provider. Dr. Malone will be entitled to remuneration in an amount equal to the then monthly sum pursuant to this agreement and any written extension hereof. V. COPYRIGHT All forms of public information and advertising, direct or indirect, utilized by PHYSICIAN shall be approved in advance by mutual agreement of CITY and PHYSICIAN. CITY shall not unreasonably withhold its approval of advertising or public relations programs and materials developed by PHYSICIAN to promote his reputation, or to jointly promote the goodwill and reputation of the System in the local and regional area. Promotion and publicity of advertisements about the System shall represent the interests of CITY and the provision of quality medical care by the System. Use of trademarks or information of CITY or PHYSICIAN shall be only upon mutual agreement of the Parties, and such use shall not imbue the other Party with any ownership rights of such trademarks and/or other information. VI. ENTIRE AGREEMENT This Agreement supersedes any and all other Agreements, either oral or in writing, between the Parties hereto with respect to the subject matter hereof, and no other Agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. VII. ASSIGNMENT Neither this Agreement nor any duties or obligations contained herein may be assigned or delegated to another person or entity by PHYSICIAN without the prior approval of the Paris City Council and written authorization by the Paris City Manager. Page 4 of 6 R p VIII. ATTORNEY'S FEES If any action at law or equity is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees in addition to any other relief to which the prevailing Party may be entitled. IX. TEXAS LAW TO APPLY This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Lamar County, Texas; therefore exclusive venue for any disputes arising from this Agreement shall be in Lamar County, Texas. X. AMENDMENT This Agreement may be amended only by the mutual agreement of the parties hereto set out in writing and signed by an authorized representative of each party. XI. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall be construed as if such invalid, illegal, or unenforceable provisions has never been contained herein. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in multiple originals. CITY OF PARIS, TEXAS By: Gene Anderson, City Manager ATTEST: Janice Ellis, City Clerk Page 5 of 6 87 APPROVED AS TO FORM: Kent McIlyar, City Attorney PHYSICIAN/EMS MEDICAL DIRECTOR Dr. Sharon Malone, M.D. STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Gene Anderson, City Manager of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd day of January, 2012. Notary Public, State of Texas STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared Dr. Sharon Malone, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd day of January, 2012. Notary Public, State of Texas Page 6 of 6 0 0 Sharon Ann Malone, M.D. P. O. Box 336 Born: Dallas, Texas Van Alstyne, TX 75495 docmalone(~a,me.com (903) 814-4911 (mobile) (866) 542-0691 (fax) Education: Doctor of Medicine The University of Texas Medical Branch at Galveston Galveston, Texas May 1995 Emergency Medicine Residency Wright State University School of Medicine Integrated Residency in Emergency Medicine June, 1998 Bachelor of Science in Electrical Engineering Southern Methodist University, Dallas, Texas May 1978 Licensure: Ohio 1996 Texas 1998 Board Certification: Diplomate, American Board of Emergency Medicine Certifications: NREMT-P, Licensed Paramedic Professional Experience: Current Position Emergency Medicine Physician Texoma Medical Center US Hwy 75, Denison Texas 75020 EMS Medical Director Grayson County College EMS Education Paris Junior College EMS Education Collin College, Assistant Director EMS Education Lone Star Ambulance City of Denison Fire Department City of Sherman Fire Department City of Whitewright EMS Preston Volunteer EMS Texas Vital Care EMS 1998-2001 Assistant Medical Director, Baylor Medical Center of Garland Garland, Texas 1996-1998 Assistant Medical Director Kettering EMS Kettering, Ohio Staff Attending, Miami Valley Hospital Dayton, Ohio Staff Attending, Kettering Medical Center Kettering, Ohio Staff Attending, Good Samaritan Hospital Dayton, Ohio Q 0 Sharon Ann Malone, M.D. Honors and Awards: page 2 Professional EMS Medical Director of the Year 2008, Texas DSHS Excellence in EMS Award, 1998 Chief Resident 1997-1998 Helen Popoway Award for Poster Presentation, 1998 Best Resident Lecture Award, Fall 1996 Key Personnel Award, Texas Instruments 1980 Medical School President, Class of 1995 Undergraduate President, Gamma Omicron Chapter of Eta Kapp Nu, 1977-1978. (National Electrical Engineering Society) Member, Tau Beta Pi (National Engineering Honorary Society) Certitications: Provider, Advanced Cardiac Life Support Provider, Advanced Trauma Life Support Provider, Pediatric Advanced Life Support Professional Organizations National Association of EMS Physicians Fellow American Academy of Emergency Medicine Phi Rho Sigma Medical Society Publications: Glenn C. Hamilton, M.D., S. A. Malone, M.D., Chest Pain, Emergency Medicine: An Approach to Clinical Problem SolvinQ, 2"d Edition. S. A. Evans, S. A. Morris (Malone), J. Englade, L. A. Arledge, C. Fuller, H. T. Yuan, IZ L, A VLSI Technology, invited paper, Electrochemical Society Fall Meeting, 1979, vol. 79-2, p. 823. Stephen A. Evans, Sharon A. Morris (Malone), Jesse Englade, Clyde R. Fuller, Lawrence A. Arledge, A lum Bipolar Technology, IEDM Washington, D.C., December 3-5, 1979, pp. 196-200. Stephen A. Evans, Sharon A. Morris (Malone), Lawrence A. Arledge, Jesse O. Englade, and Clyde R. Fuller, A lum Bipolar VLSI Technology, IEEE Transactions on Electron Devices, vol. ED-27, No. 8, August, 1980, pp. 1373-1379. S. A. Evans, S. A. Morris (Malone), L. A. Arledge, J. O. Englade, C. R. Fuller, A lum Bipolar VLSI Technology, IEEE Journal of Solid State Circuits, vol. SG15, No. 4, August 1980, pp. 438-444. Personal I am an Extra Class amateur radio operator (KJSVA). I enjoy photography, camping, and fishing, and hiking. nn