Section 1031.10. Discipline of EMS agencies

(a) Grounds for discipline. The Department may discipline an EMS agency or an applicant for an EMS agency license for one or more of the following reasons:

(1) Violating a requirement of the act or a regulation adopted under the act.

(2) Failing to submit a plan of correction acceptable to the Department to correct a violation cited by the Department or failing to comply with a plan of correction accepted by the Department.

(3) Refusing to accept a conditional temporary license properly sought by the Department or to abide by its terms.

(4) Engaging in fraud or deceit in obtaining or attempting to obtain a license.

(5) Lending its license or, except as authorized by the Department in acting upon the license application or an application to amend the license, enabling another person to manage or operate the EMS agency or any service the EMS agency is licensed to provide.

(6) Engaging in incompetence, negligence or misconduct in operating the EMS agency or in providing EMS to patients.

(7) Using the license of another or in any way knowingly aiding or abetting the improper granting of a license, certification, accreditation or other authorization issued under the act.

(8) Failing to meet or continue to meet applicable licensure standards.

(9) The EMS agency is not a responsible person or is not staffed by responsible persons and refuses to remove from its staff the irresponsible person or persons when directed to do so by the Department.

(10) Being convicted of a felony or a crime involving moral turpitude or related to the practice of the EMS agency.

(11) Making misrepresentations in seeking funds made available through the Department.

(12) Refusing to render EMS because of a patient’s race, sex, creed, national origin, sexual preference, age, handicap, medical problem or refusing to respond to an emergency and render EMS because of a patient’s financial inability to pay.

(13) Violating an order previously issued by the Department in a disciplinary matter.

(b) Types of discipline authorized. If disciplinary action is appropriate under subsection (a), the Department may do one or more of the following:

(1) Deny an application for a license.

(2) Issue a public reprimand.

(3) Revoke, suspend, limit or otherwise restrict the license.

(4) Impose a civil money penalty not exceeding $5,000 for each incident in which the EMS agency engages in conduct that constitutes a basis for discipline.

(5) Stay enforcement of a suspension, revocation or other discipline and place the EMS agency on probation with the right to vacate the probationary order for noncompliance.

The provisions of this § 1031.10 adopted October 11, 2013, effective April 10, 2014, 43 Pa.B. 6093.

Notation

Cross References

This section cited in 28 Pa. Code § 1031.16 (relating to discipline of management companies).