Pennsylvania Code
Title 28 - HEALTH AND SAFETY
Part VII - Emergency Medical Services
Subpart A - EMS System
Chapter 1031 - COMPLAINTS, DISCIPLINARY ACTIONS, ADJUDICATIONS AND APPEALS
Section 1031.16 - Discipline of management companies
Universal Citation: 28 PA Code ยง 1031.16
Current through Register Vol. 54, No. 44, November 2, 2024
(a) The Department may deny, withdraw or condition the approval of an entity to offer management services for one or more of the following reasons:
(1) The entity is not a responsible
person.
(2) Persons having a
substantial ownership interest in the entity are not responsible
persons.
(3) The entity will not be
staffed by or conduct its activities through responsible persons.
(4) The entity refuses to provide the
Department with records or information reasonably requested by the Department
to make a determination regarding paragraphs (1)-(3).
(5) The entity conducts the operation or
managerial control of an EMS agency, or conducts the day-to-day operations of
the EMS agency, in a manner that subjects the EMS agency to possible
disciplinary action under §
1031.10 (relating to discipline of
EMS agencies).
(6) The entity
violates a requirement of the act or a regulation adopted under the act that is
applicable to the entity.
(7)
Engaging in fraud or deceit in obtaining or attempting to obtain or maintain
Department approval.
(b) For purposes of subsection (a):
(1) A
responsible person is a person who has not engaged in an act contrary to
justice, honesty or good morals which indicates that the person is likely to
betray the public trust in managing the operation of the EMS agency, or is a
person who has engaged in this conduct but has been rehabilitated and is not
likely to again betray the public trust.
(2) A person has a substantial ownership in
the entity if the person has equity in the capital, stock or the profits of the
applicant equal to 5% or more of the property or assets of the
applicant.
(3) A person staffs an
entity that manages an EMS agency if the person manages activity integral to
the operation of the EMS agency.
This section cited in 28 Pa. Code § 1027.14 (relating to management companies).
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