§ 1007.8. 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 to secure an air ambulance medical director and ensure that the air ambulance medical director exercises the 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 §  1007.7(b) (relating to licensure and general operating requirements).

   (9)  Failure of the air ambulance service to have an aircraft equipped in compliance with §  1007.7(a).

   (10)  Failure of the aircraft operator to maintain required FAA certifications.

   (11)  Failure to employ a sufficient number of certified, recognized or licensed personnel to provide service 24 hours-a-day, 7 days-a-week.

   (12)  Failure of the air ambulance service to be available 24 hours-a-day, 7 days-a-week to authorized callers within the service area. Exceptions to this requirement include unsafe weather conditions, commitment to another flight, grounding due to maintenance or other reasons that would prevent response. The air ambulance service shall maintain a record of each failure to respond to a request for service, and make the record available upon request to the Department. Financial inability to pay does not constitute sufficient grounds to deny response for emergency air service.

   (13)  Failure to notify the Department of the change of ownership or aircraft operation.

   (14)  Abuse or abandonment of a patient.

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

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

   (17)  Destruction of medical records.

   (18)  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.

   (19)  Failure to comply with regional EMS council transfer and medical treatment protocols.

   (20)  Misuse or misappropriation of drugs/medication.

   (21)  Repeated failure to communicate with a PSAP as required by §  1007.7(e).

   (22)  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 air ambulance service, the Department will:

   (1)  Initiate an investigation of the specific charges.

   (2)  Provide the air ambulance service with a copy of the complaint and request a response unless the Department determines that disclosure to the air 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 air ambulance service if the air 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 sanctions it imposes upon an air ambulance service license.

   The provisions of this §  1007.8 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 (256647) to (256648).