§ 8142 — Emergency medical services agency license sanctions

(a) Grounds for discipline.--The department may discipline an EMS agency or, as applicable, refuse to issue an EMS agency license for any of the following reasons:

(1) Violating the requirements of this chapter or regulation adopted under this chapter.

(2) Failing to submit a plan of correction acceptable to the department or correct a deficiency as required under section 8141 (relating to plans of correction) or failing to comply with the plan of correction.

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

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

(5) Lending its license or, except as permitted under section 8129(f) (relating to emergency medical services agencies), enabling another person to manage or operate the EMS agency or any service covered by the license.

(6) 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 this chapter.

(7) Incompetence, negligence or misconduct in operating the EMS agency or in providing EMS to patients.

(8) The licensee 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. For purposes of this paragraph, "staff" and "responsible person" shall have the meanings set forth in section 8129(c)(1).

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

(10) Conviction 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) Failing to continue to meet applicable licensure requirements.

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

(b) Disciplinary options.--If the department is empowered to impose discipline against an EMS agency under this section, the department may do one or more of the following:

(1) Deny the application for a license.

(2) Administer a written reprimand with or without probation.

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

(4) Impose a civil 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 any suspension, revocation or other discipline and place the facility on probation with the right to vacate the probationary order for noncompliance.

Legislative History

Effective Date.Section 9(1) of Act 37 of 2009 provided that section 8142 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093. Cross References.Section 8142 is referred to in section 8139 of this title.