(A) Pursuant to
M.G.L. c. 111C, § 6(c), the Department may issue a provisional license to
an applicant for renewal of a license when it does not meet the requirements of
105 CMR
170.000, provided that:
(1) the applicant has demonstrated to the
Department's satisfaction a good faith intention to meet all such
requirements;
(2) the Department
finds the applicant provides adequate emergency medical care; and
(3) the Department finds the applicant
evidences a potential for full licensure within a reasonable period, not to
exceed six months.
(B)
The Department bases its decision to issue a provisional license to a service
when it identifies, upon inspection, significant, multiple and/or repeat health
and safety deficiencies, uncorrected from prior inspections and plans of
correction. Such significant health and safety deficiencies include, but are
not limited to, the following:
(1) Medical
equipment/medication deficiencies including, but not limited to the following:
(a) biohazard contamination to vehicle or
equipment;
(b) inoperable or
improperly assembled portable or installed suction system;
(c) missing all jump kits or required
equipment/supplies, including missing/inoperable defibrillator or patient
movement equipment;
(d) missing or
expired/unusable medications; and
(e) empty/missing installed or portable
oxygen tanks (if they cannot be immediately replaced/corrected).
(2) Vehicle deficiencies
including, but not limited to, the following:
(a) vehicle inoperable;
(b) door hinges separation/damage;
(c) door skin separation;
(d) rear door stress cracks/metal
fatigue;
(e) suspension mount
cracks or separations;
(f) driver's
gauges obstructed, and/or not backlit/visible, or any not functional;
(g) emergency lights inoperable;
(h) Original equipment manufacturer (OEM)
lights inoperable;
(i) scene
lighting - inoperable on any one side of vehicle;
(j) siren/audible warning system
inoperable;
(k) windshield cracks
obstructing driver's view;
(l)
invalid state motor vehicle safety inspection sticker;
(m) cab/chassis floorboard holes;
(n) excessive body damage or chassis
corrosion/rust;
(o) box or cab
separation from mounts;
(p) failure
or inoperable or missing patient/occupant restraint device/system;
and
(q) vehicle not in a state of
readiness, due to temperature of equipment/ medications/supplies, related to
garaging or otherwise unable to respond to a call at any time.
(3) Service operations
deficiencies including, but not limited to, the following:
(a) failure to maintain a current, valid
affiliation agreement, or failure to comply with affiliation agreement
requirements;
(b) EMS personnel not
maintaining current, valid required credentials (including EMT certification;
CPR/ACLS credentials and driver's license);
(c) allowing uncertified personnel to act as
EMTs at any level;
(d) unsafe
conditions in service locations/garages, including hazards;
(e) identified drug security failures or
other drug storage violations; and
(f) failure to maintain patient care
reports.
(C)
The applicant shall submit, on a form required by the Department, a written
plan for meeting the appropriate requirements and the plan must be approved by
the Department.
(D) A provisional
license shall expire six months after issuance. The Department shall in no case
issue more than two consecutive provisional licenses to the same
service.
(E) An initial license
application may be required by the Department at the conclusion of the
provisional licensure period at the discretion of the Department or after
issuance of two consecutive provisional licenses.
