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This entry was published on 2014-09-22
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SECTION 3012
Enforcement
Public Health (PBH) CHAPTER 45, ARTICLE 30
§ 3012. Enforcement. 1. Any ambulance service or advanced life
support first response service certificate issued pursuant to section
three thousand five of this article may be revoked, suspended, limited
or annulled by the department upon proof that the operator or
certificate holder or one or more enrolled members or one or more
persons in his employ:

(a) has been guilty of misrepresentation in obtaining the certificate
or in the operation of the ambulance service or advanced life support
first response service; or

(b) has not been competent in the operation of the service or has
shown inability to provide adequate ambulance services or advanced life
support first response service; or

(c) has failed to pay the biennial certification fee as required
except in the case of any voluntary ambulance service or voluntary
advanced life support first response service; or

(d) has failed to file any report required by the provisions of this
article or the rules and regulations promulgated thereunder; or

(e) has violated or aided and abetted in the violation of any
provision of this article, the rules and regulations promulgated or
continued thereunder, or the state sanitary code; or

(f) had discontinued operations for a period in excess of one month;
or

(g) a voluntary ambulance service or voluntary advanced life support
first response service has failed to meet the minimum staffing standard
and has not been issued an exemption, except that such certificate shall
not be suspended or revoked unless the commissioner finds that an
adequate alternative service exists. The commissioner shall consider the
recommendation of the regional emergency medical services council in
making a finding; or

(h) an ambulance service operating for profit has failed to meet the
minimum staffing standard; or

(i) has been convicted of a crime or pleaded nolo contendere to a
felony charge involving murder, manslaughter, assault, sexual abuse,
theft, robbery, fraud, embezzlement, drug abuse, or sale of drugs,
unless the commissioner finds that such conviction does not demonstrate
a present risk or danger to patients or the public; or

(j) is or was subject to a state or federal administrative order
relating to fraud or embezzlement, unless the commissioner finds that
such order does not demonstrate a present risk or danger to patients or
the public.

2. Proceedings under this section may be initiated by any person,
corporation, association, or public officer, or by the department by the
filing of written charges with the department. Whenever the department
seeks revocation or suspension of a certificate of an ambulance service
or an advanced life support first response service, a copy of the
charges shall be referred to the appropriate regional council for review
and recommendation to the department prior to a hearing. Such
recommendation shall include a determination as to whether the public
need would be served by a revocation, suspension, annulment or
limitation. If there is no appropriate regional council established, the
state council shall make such determination and present to the
department its recommendations.

3. No certificate shall be revoked, suspended, limited or annulled
without a hearing. However, a certificate may be temporarily suspended
without a hearing and without the approval of the appropriate regional
council or state council for a period not in excess of thirty days upon
notice to the certificate holder following a finding by the department
that the public health, safety or welfare is in imminent danger.

4. The commissioner shall fix a time and place for the hearing. A copy
of the charges and the recommendations of the appropriate regional
council or state council together with the notice of the time and place
of the hearing, shall be mailed to the certificate holder by registered
or certified mail, at the address specified on the certificate, at least
fifteen days before the date fixed for the hearing. The appropriate
regional council may be a party to such hearing. The certificate holder
may file with the department, not less than five days prior to the
hearing, a written answer to the charges.