Current through Vol. 42, No. 1, September 16, 2024
(a) The Department may suspend or revoke a
license, and/or fine or place on probation a license or licensee for the
following:
(1) violations of any of the
provision of the Oklahoma Statutes, the Act or this chapter;
(2) permitting, aiding or abetting in any
illegal act in connection with the ambulance service;
(3) failure to provide emergency service to
any person, unless a vehicle and/or personnel is not available, and failure to
summon mutual aid;
(4) conduct of
any practice that is detrimental to the welfare of the patient or potential
users of the service;
(5) failure
to operate the service on a twenty four (24) hour basis,
(6) placing a vehicle into service before it
is properly inspected, approved and permitted by the Department;
(7) failure to comply with a written order
issued by the Department within the time frame specified by the
Department;
(8) engaging in any act
which is designed or intended to hinder, impede or obstruct the investigation
of any matter governed by the Act, by any lawful authority;
(9) an ambulance service who fails to renew
their Oklahoma license within the time frame and other requirements as
specified in these rules, shall be considered an expired or lapsed licensee,
and therefore no longer licensed as an ambulance service in the State of
Oklahoma.;
(10) a misleading,
deceptive, false, or fraudulent advertisement or other representation in the
conduct of the profession or occupation;
(11) offering, giving, or promising anything
of value or benefit, as defined in Oklahoma Statutes or Department policy to a
Federal, state, or local governmental official for the purpose of influencing
the employee or official to circumvent a Federal, state, or local law, rule, or
ordinance governing the licensee's profession or occupations;
(12) interference with an investigation or
disciplinary proceeding by willful misrepresentation of facts, by the use of
threats or harassment against or inducement to a client or witness to prevent
them from providing evidence in a disciplinary proceeding or other legal
action, or by use of threats or harassment against or inducement to a person to
prevent or attempt to prevent a disciplinary proceeding or other legal action
from being filed, prosecuted, or completed; or
(13) failure to report the unprofessional
conduct or non-compliance of regulations by individually licensed and certified
personnel as defined in this this Chapter.
(b) No person, company, governmental entity
or trust authority may operate an ambulance service or emergency medical
response agency except in accordance with Title 63, Section
1-2501, et
seq., and the rules as promulgated by the State Board. The Commissioner,
District Attorney of the county wherein a violation occurs, or the Attorney
General of this State, shall have the authority to enforce provisions of the
law.
(c) A
license/certificate/permit holder or applicant, in connection with a license
application or an investigation conducted by the Department pursuant to this
rule shall not:
(1) knowingly make a false
statement of material fact;
(2)
fail to disclose a fact necessary to correct a misapprehension known by the
licensee to have arisen in the application or the matter under investigation;
or
(3) fail to respond to a demand
for information made by the Department or any designated representative
thereof.
(d) If in the
course of an investigation the Department determines that a
license/certificate/permit holder or applicant has engaged in conduct that is
detrimental to the health, safety, or welfare of the public, and which conduct
necessitates immediate action to prevent further harm, the Commissioner may
order a summary suspension of the license/certificate/permit holder's license,
certificate, or permit respectively. A presumption of imminent harm to the
public shall exist if the Department determines probable cause exists if an
agency fails to provide emergency service to any person, unless a vehicle
and/or personnel is not available, and failure to summon mutual aid, or there
is conduct of any practice that is detrimental to the welfare of the patient or
potential users of the service;
(e)
In addition to any other penalties, a civil fine of not more than one hundred
dollars ($100.00) per violation per day may be assessed, for violations of the
Act or OAC 310:641.
