Current through Register Vol. 39, No. 6, September 16, 2024
(a) The OEMS shall
deny an initial or renewal EMS Provider license for any of the following
reasons:
(1) significant failure to comply,
as defined in Rule.0102 of this Subchapter, with the applicable licensing
requirements in Rule.0204 of this Subchapter;
(2) making false statements or
representations to the OEMS or willfully concealing information in connection
with an application for licensing;
(3) tampering with or falsifying any record
used in the process of obtaining an initial license or in the renewal of a
license; or
(4) disclosing
information as defined in Rule.0223 of this Subchapter that is determined by
OEMS staff, based upon review of documentation, to disqualify the applicant
from licensing.
(b) The
Department shall amend any EMS Provider license by amending it to reduce the
license from a full license to a provisional license whenever the Department
finds that:
(1) the licensee failed to comply
with the provisions of G.S. 131E, Article 7, and the rules adopted under that
Article;
(2) there is a probability
that the licensee can take corrective measures to resolve the issue of
non-compliance with Rule.0204 of this Subchapter, and be able to remain in
compliance within a reasonable length of time determined by OEMS staff on a
case-by-case basis; and
(3) there
is a probability, determined by OEMS staff using their professional judgment,
based upon analysis of the licensee's ability to take corrective measures to
resolve the issue of non-compliance with the licensure rules, that the licensee
will be able thereafter to remain in compliance with the licensure
rules.
(c) The
Department shall give the licensee written notice of the amendment of the EMS
Provider license. This notice shall be given personally or by certified mail
and shall set forth:
(1) the duration of the
provisional EMS Provider license;
(2) the factual allegations;
(3) the statutes or rules alleged to be
violated; and
(4) notice of the EMS
provider's right to a contested case hearing, as set forth in Rule.1509 of this
Subchapter, on the amendment of the EMS Provider license.
(d) The provisional EMS Provider license is
effective upon its receipt by the licensee and shall be posted in a location at
the primary business location of the EMS Provider, accessible to public view,
in lieu of the full license. Pursuant to
G.S.
131E-155.1(d), the
provisional license remains in effect until the Department:
(1) restores the licensee to full licensure
status; or
(2) revokes the
licensee's license.
(e)
The Department shall revoke or suspend an EMS Provider license whenever the
Department finds that the licensee:
(1) failed
to comply with the provisions of G.S. 131E, Article 7, and the rules adopted
under that Article and it is not probable that the licensee can remedy the
licensure deficiencies within 12 months or less;
(2) failed to comply with the provisions of
G.S. 131E, Article 7, and the rules adopted under that Article and, although
the licensee may be able to remedy the deficiencies, it is not probable that
the licensee will be able to remain in compliance with licensure
rules;
(3) failed to comply with
the provision of G.S. 131E, Article 7, and the rules adopted under that Article
that endanger the health, safety, or welfare of the patients cared for or
transported by the licensee;
(4)
obtained or attempted to obtain an ambulance permit, EMS nontransporting
vehicle permit, or EMS Provider license through fraud or
misrepresentation;
(5) continues to
repeat the same deficiencies placed on the licensee in previous compliance site
visits;
(6) has recurring failure
to provide emergency medical care within the defined EMS service area in a
manner as determined by the EMS System;
(7) failed to disclose or report information
in accordance with Rule.0223 of this Subchapter;
(8) was deemed by OEMS to place the public at
risk because the owner, any officer, or agent was convicted in any court of a
crime involving fiduciary misconduct or a conviction of a felony;
(9) altered, destroyed, attempted to destroy,
withheld, or delayed release of evidence, records, or documents needed for a
complaint investigation being conducted by the OEMS; or
(10) continues to operate within an EMS
System after a Board of County Commissioners terminated its affiliation with
the licensee, resulting in a violation of the licensing requirement set forth
in Rule.0204 of this Subchapter.
(f) The Department shall give the EMS
Provider written notice of revocation. This notice shall be given personally or
by certified mail and shall set forth:
(1)
the factual allegations;
(2) the
statutes or rules alleged to be violated; and
(3) notice of the EMS Provider's right to a
contested case hearing, as set forth in Rule.1509 of this Section, on the
revocation of the EMS Provider's license.
(g) The issuance of a provisional EMS
Provider license is not a procedural prerequisite to the revocation or
suspension of a license pursuant to Paragraph (e) of this Rule.
Authority
G.S.
131E-155.1(d);
143-508(d)(10);
Eff. January 1, 2013;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. February 2, 2016;
Amended Eff.
July 1, 2018; January 1, 2017.
