Current through Register Vol. 54, No. 44, November 2, 2024
(a)
License application. An
application for an EMS agency license shall be submitted on a form or through
an electronic process, as prescribed by the Department. The application must
contain the following information as well as additional information and
documents that may be solicited by the application form:
(1) The name and mailing address of the
applicant and a primary contact person and telephone number at which that
person can be reached.
(2) The name
under which the applicant will be holding itself out to the public in
conducting its EMS agency operations and the address of its primary location in
this Commonwealth out of which it will be conducting its EMS agency operations.
If the applicant seeks to conduct EMS agency operations out of more than one
location, the address of its primary operational headquarters and each other
location out of which it intends to operate. If the applicant will be holding
itself out to the public under different fictitious names for the EMS agency
operations it will conduct at different locations, the fictitious name under
which it intends to operate at each location.
(3) The manner in which the applicant is
organized-corporation, partnership, limited liability company, sole
proprietorship, and the like.
(4)
The tax status of the applicant-profit or nonprofit.
(5) The type of EMS service or services the
applicant intends to provide.
(6)
The geographic area for which the applicant intends to provide the service for
each type of service it intends to operate. If the service is a type of service
that is dispatched by a PSAP, the geographic area, if any, in which it plans to
routinely respond to emergency dispatches.
(7) A personnel roster and staffing plan or
personnel rosters and staffing plans, if applicable.
(8) The number and types of EMS vehicles to
be operated by the applicant and identifying information for each EMS
vehicle.
(9) The communication
access and capabilities of the applicant.
(10) A full description of the EMS agency
services that it intends to provide out of each location and how it intends to
respond to emergency calls if it will not conduct operations out of a fixed
location or locations.
(11) The
names, titles and summary of responsibilities of persons who will be staffing
the EMS agency as officers, directors or other EMS agency officials, and the
same information pertaining to them that an EMS provider is required to report
under §
1023.21(b)(1) and
(2) (relating to general rights and
responsibilities).
(12) Information
concerning any arrangement in which it has entered to manage an EMS agency or
any contract with an entity for that entity to exercise operational or
managerial control over the EMS agency, or to conduct the day-to-day operations
of the EMS agency.
(13) A statement
attesting to the veracity of the application, which shall be signed by the
principal official of the applicant.
(b)
Submission of license
application. The applicant shall submit the application to the
regional EMS council exercising responsibility for the EMS region in which the
applicant will conduct its operations if licensed. If the applicant seeks a
license to conduct EMS agency operations in more than one region, it shall
choose a primary operational headquarters and submit its license application to
the regional EMS council that exercises responsibility for the region in which
that primary operational headquarters is located. If the applicant's primary
operational headquarters is located outside this Commonwealth, the applicant
shall contact the Department for direction as to the regional EMS council to
which it is to submit its application.
(c)
Processing the license
application.
(1) The regional EMS
council that receives a license application shall review the application for
completeness and accuracy. It shall also provide a copy of the application to
each regional EMS council that exercises responsibility for an EMS region in
which the applicant intends to conduct EMS agency operations. If more than one
regional EMS council is involved in the review, they shall coordinate their
review with the regional EMS council that exercises responsibility for the EMS
region in which the applicant's primary operational headquarters is located,
and that regional EMS council shall communicate with the applicant regarding
any issues presented by the application.
(2) The regional EMS council that has
responsibility for communicating with the applicant under paragraph (1) shall
return an incomplete application to the applicant within 14 days of
receipt.
(3) If the regional EMS
council that has responsibility for communicating with the applicant under
paragraph (1) determines that the application contains inaccurate information,
and that the nature of the inaccurate information does not suggest fraud or
deceit in attempting to obtain a license, the regional EMS council shall return
the application to the applicant for correction.
(4) Upon receipt of a complete application,
and its verification of the accuracy of the information provided in the
application which is verifiable without an onsite inspection, the regional EMS
council shall schedule and conduct an onsite inspection of the applicant's
vehicles, equipment and personnel qualifications, as well as other matters that
bear upon whether the applicant satisfies the statutory and regulatory criteria
for licensure. The inspection shall be performed within 45 days after receipt
by the regional EMS council of an application that is complete and, if
requested by the regional EMS council, that has been corrected. If the
applicant seeks to conduct EMS agency operations in more than one EMS region,
the regional EMS council that has responsibility for communicating with the
applicant under paragraph (1) may seek the assistance of other relevant
regional EMS councils in conducting onsite surveys.
(5) Upon completion of its review, the
regional EMS council that has responsibility for communicating with the
applicant under paragraph (1) shall forward the application to the Department
with the regional EMS council's assessment as to whether applicable statutory
and regulatory requirements are satisfied. If the regional EMS council
determines that the application contains inaccurate information that suggests
fraud or deceit by the applicant in attempting to obtain a license, the
regional EMS council may forward the application to the Department without
having conducted an onsite inspection and await instructions from the
Department as to whether an onsite inspection should be conducted.
(d)
Amendment of
license.
(1) An EMS agency shall
apply for and secure an amendment of its license prior to changing the location
of any of its operations, the days or hours of the services it provides or the
types of services it provides, or prior to arranging for an entity to exercise
operational or managerial control over the EMS agency or to conduct the
day-to-day operations of the EMS agency.
(2) An EMS agency shall submit its
application for amendment of its license on a form or through an electronic
process, as prescribed by the Department, to the regional EMS council
responsible for the EMS region in which the EMS agency maintains its primary
operational headquarters. That regional EMS council shall process the
application for amendment as set forth in subsections (b) and (c).
(e)
Triennial
registration. An EMS agency's license is deemed registered for 3 years
after issuance, except for an EMS agency that transitions from an ambulance
service, a QRS or an ambulance service that operated under a hospital license
on October 12, 2013, under §
1027.1(e)
(relating to general provisions), in which case the initial registration shall
expire when its license or recognition would have expired under the Emergency
Medical Services Act (35 P. S. §§ 6921-6938) (repealed by the act of August 18,
2009 (P. L. 308, No. 37)) or, in the case of a hospital, under the Health Care
Facilities Act (35 P. S. §§ 448.101-448.904b). Thereafter, an EMS agency
shall triennially register the license by completing a form or through an
electronic process, as prescribed by the Department, and filing it with the
regional EMS council responsible for the EMS region in which the EMS agency
maintains its primary operational headquarters. An EMS agency shall submit the
form or complete the electronic process at least 120 days prior to the
expiration of a current registration. Failure to do so in a timely manner may
result in the EMS agency license not being registered again before the prior
registration expires. The Department will act on an application for
registration within 90 days after a regional EMS council receives a complete
and accurate application. The Department may also deny an application after it
is received by a regional EMS council if it contains false information, subject
to notice and an opportunity for a hearing before the denial would become
effective, or it may grant the application and then pursue disciplinary action
against the EMS agency based upon the false information provided.
