§ 1005.12. Disciplinary and corrective actions.

 (a)  The Department may, in compliance with proper administrative procedure, reprimand, or suspend, revoke or refuse to issue a license, or issue a provisional or temporary license as permitted by § §  1005.8 and 1005.9 (relating to provisional license; and temporary license) for the following reasons:

   (1)  A serious violation of the act or this part. A serious violation is one which poses a continued significant threat to the health and safety of the public.

   (2)  Failure of the licensee or applicant to submit a reasonable timetable to correct deficiencies and violations cited by the Department.

   (3)  The existence of a continuing pattern of deficiencies over a period of 3 or more years.

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

   (5)  Lending a license or borrowing or using the license of another, or knowingly aiding or abetting the improper granting of a license.

   (6)  Incompetence, negligence or misconduct in operating the ambulance service or in providing EMS to patients.

   (7)  Failure of an ALS ambulance service to secure an ALS service medical director and to ensure that the ALS service medical director meets the roles and responsibilities in §  1003.5(a) (relating to ALS service medical director).

   (8)  Failure to have appropriate medical equipment and supplies required for licensure as identified in §  1005.10(c) (relating to licensure and general operating standards).

   (9)  Failure of an ALS ambulance service to staff a sufficient number of qualified EMS personnel to provide service 24 hours-a-day, 7 days-a-week in accordance with required staffing standards.

   (10)  Failure of the ambulance service licensee to promptly notify the Department of a change of ownership.

   (11)  Abuse or abandonment of a patient.

   (12)  Unauthorized disclosure of medical or other confidential information.

   (13)  Willful preparation or filing of false reports or records, or the inducement of another to do so.

   (14)  Alteration or inappropriate destruction of medical records.

   (15)  Refusal to render EMS because of a patient’s race, sex, creed, national origin, sexual preference, age, handicap, medical problem or financial inability to pay.

   (16)  Failure to comply with the regional EMS council transfer and medical treatment protocols which have been approved by the Department.

   (17)  Misuse or misappropriation of drugs/medication.

   (18)  Repeated failure by an ambulance service to communicate with the PSAP or comply with the dispatch communication as required by §  1005.10(e).

   (19)  Failure to continue to meet standards applicable to the issuance of the license.

 (b)  Upon receipt of a written complaint describing conduct for which the Department may take disciplinary action against an ambulance service, the Department will:

   (1)  Initiate an investigation of the specific charges.

   (2)  Provide the ambulance service with a copy of the complaint and request a response unless the Department determines that disclosure to the ambulance service of the complaint will compromise the investigation or would be inappropriate for some other reason.

   (3)  Develop a written report of the investigation.

   (4)  Notify the complainant of the results of the investigation of the complaint, as well as the ambulance service if the ambulance service has been officially apprised of the complaint or investigation. This notification does not include providing a copy of the written report developed under paragraph (3).

 (c)  The Department will provide public notification of the sanction it imposes upon an ambulance service license.

   The provisions of this §  1005.12 amended September 1, 1995, effective September 2, 1995, 25 Pa.B. 3685; amended October 13, 2000, effective October 14, 2000, 30 Pa.B. 5363. Immediately preceding text appears at serial pages (247556) to (247558).

   This section cited in 28 Pa. Code §  1007.8 (relating to grounds for suspension, revocation or refusal of an air ambulance license).