Current through Register Vol. 50, No. 9, September 20, 2024
A. Denial of an
Initial License. An applicant may be denied an initial license for one of the
following nonexclusive reasons:
1. the
background investigation indicates any convictions pursuant to
R.S.
40:1203.3 et seq.;
2. has had any license pertaining to the
provision of emergency medical services revoked in any jurisdiction;
3. failure to comply with applicable federal,
state, and local laws, statutes, rules or regulations;
4. intentional falsification of material
information provided pursuant to this Chapter; or
5. conviction, guilty plea or plea of nolo
contendre of a felony by the following, as shown by a certified copy of the
record of the court of the conviction:
a.
director of operations;
b. members
or officers; or
c. the person(s)
designated to manage or supervise the ambulance service if the applicant is a
firm or corporation.
B. Revocation or Denial of License Renewal.
An ambulance service's license may be denied renewal or revoked for any one of
the following:
1. failure to be in substantial
compliance with the ambulance service licensing standards;
2. failure to be in substantial compliance
with other required statutes, laws, ordinances, rules or regulations;
3. failure to comply with the terms of a
settlement agreement or corrective action letter;
4. failure to uphold patient rights, whereby
violations may result in harm or injury;
5. failure of the agency to protect
patients/persons in the community from harmful actions of the agency employees;
including, but not limited to:
a. health and
safety;
b. coercion;
c. threat;
d. intimidation; and
e. harassment;
6. failure to notify proper authorities
including, but not limited to, law enforcement and the department (Bureau of
EMS) of all suspected cases of neglect, criminal activity, or mental or
physical abuse which could potentially cause harm to the patient;
7. failure to employ qualified personnel and
maintain an adequate quality assurance program that identifies poorly
performing staff and remediates or terminates them for deficiencies;
8. failure to continuously maintain in force
any required insurance coverage(s)
9. failure to submit fees including, but not
limited to:
a. renewal fee;
b. change of agency address or name;
or
c. any fines assessed by the
department;
10. failure
to allow the department to conduct an investigation, inspection or survey, or
to interview staff or participants, or to allow access to any relevant records
during any inspection;
11. failure
to remedy a situation where patients were not protected from unsafe, skilled
and/or unskilled care by any person employed by the ambulance
service;
12. ambulance
service/provider staff or owner has knowingly, or with reason to know, made a
false statement of a material fact in:
a.
application for licensing;
b. data
forms;
c. clinical
records;
d. matters under
investigation by the department;
e.
information submitted for reimbursement from any payment source;
f. the use of false, fraudulent or misleading
advertising;
g. ambulance service
staff being misrepresented or was fraudulent in conducting ambulance service
business; or
h. any convictions by
an owner, administrator, director of operations, or medical director as shown
by a certified copy of the record of the court of conviction; or if the
applicant is a firm or corporation, of any of its members or officers, or of
the person designated to manage or supervise the ambulance service agency;
or
13. failure to comply
with all reporting requirements in a timely manner; or
C. If an ambulance service's/provider's
license is revoked or denied renewal by the department, other than for
cessation of business or non-operational status, any owner, officer, member,
manager or administrator of such service may be prohibited from owning,
managing, directing or operating another service for a period of two years from
the date of the final disposition of the revocation or denial action.
D. The secretary of the department may
immediately suspend the license of an ambulance service/provider in accordance
with the provisions of this Chapter.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254,
R.S.
40:1135.1, 40:1135.2 and
R.S.
40:1135.3.
