8142 - Emergency medical services agency license sanctions.

     § 8142.  Emergency medical services agency license sanctions.        (a)  Grounds for discipline.--The department may discipline     an EMS agency or, as applicable, refuse to issue an EMS agency     license for any of the following reasons:            (1)  Violating the requirements of this chapter or        regulation adopted under this chapter.            (2)  Failing to submit a plan of correction acceptable to        the department or correct a deficiency as required under        section 8141 (relating to plans of correction) or failing to        comply with the plan of correction.            (3)  Refusing to accept a conditional temporary license        properly sought by the department or to abide by its terms.            (4)  Fraud or deceit in obtaining or attempting to obtain        a license.            (5)  Lending its license or, except as permitted under        section 8129(f) (relating to emergency medical services        agencies), enabling another person to manage or operate the        EMS agency or any service covered by the license.            (6)  Using the license of another or in any way knowingly        aiding or abetting the improper granting of a license,        certification, accreditation or other authorization issued        under this chapter.            (7)  Incompetence, negligence or misconduct in operating        the EMS agency or in providing EMS to patients.            (8)  The licensee is not a responsible person or is not        staffed by responsible persons and refuses to remove from its        staff the irresponsible person or persons when directed to do        so by the department. For purposes of this paragraph, "staff"        and "responsible person" shall have the meanings set forth in        section 8129(c)(1).            (9)  Refusing to respond to an emergency and render EMS        because of a patient's race, sex, creed, national origin,        sexual preference, age, handicap, medical problem or        financial inability to pay.            (10)  Conviction of a felony or a crime involving moral        turpitude or related to the practice of the EMS agency.            (11)  Making misrepresentations in seeking funds made        available through the department.            (12)  Failing to continue to meet applicable licensure        requirements.            (13)  Violating an order previously issued by the        department in a disciplinary matter.        (b)  Disciplinary options.--If the department is empowered to     impose discipline against an EMS agency under this section, the     department may do one or more of the following:            (1)  Deny the application for a license.            (2)  Administer a written reprimand with or without        probation.            (3)  Revoke, suspend, limit or otherwise restrict the        license.            (4)  Impose a civil penalty not exceeding $5,000 for each        incident in which the EMS agency engages in conduct that        constitutes a basis for discipline.            (5)  Stay enforcement of any suspension, revocation or        other discipline and place the facility on probation with the        right to vacate the probationary order for noncompliance.        Effective Date.  Section 9(1) of Act 37 of 2009 provided that     section 8142 shall take effect 180 days after the publication of     the notice in section 7.        Cross References.  Section 8142 is referred to in section     8139 of this title.