N.Y. PBH Law § 3012 — New York Code / Act PBH / Article 30 / Section 3012
Enforcement
Status: in_force

§ 3012. Enforcement.  1. Any ambulance service or advanced life\nsupport first response service certificate issued pursuant to section\nthree thousand five of this article may be revoked, suspended, limited\nor annulled by the department upon proof that the operator or\ncertificate holder or one or more enrolled members or one or more\npersons in his employ:\n  (a) has been guilty of misrepresentation in obtaining the certificate\nor in the operation of the ambulance service or advanced life support\nfirst response service; or\n  (b) has not been competent in the operation of the service or has\nshown inability to provide adequate ambulance services or advanced life\nsupport first response service; or\n  (c) has failed to pay the biennial certification fee as required\nexcept in the case of any voluntary ambulance service or voluntary\nadvanced life support first response service; or\n  (d) has failed to file any report required by the provisions of this\narticle or the rules and regulations promulgated thereunder; or\n  (e) has violated or aided and abetted in the violation of any\nprovision of this article, the rules and regulations promulgated or\ncontinued thereunder, or the state sanitary code; or\n  (f) had discontinued operations for a period in excess of one month;\nor\n  (g) a voluntary ambulance service or voluntary advanced life support\nfirst response service has failed to meet the minimum staffing standard\nand has not been issued an exemption, except that such certificate shall\nnot be suspended or revoked unless the commissioner finds that an\nadequate alternative service exists. The commissioner shall consider the\nrecommendation of the regional emergency medical services council in\nmaking a finding; or\n  (h) an ambulance service operating for profit has failed to meet the\nminimum staffing standard; or\n  (i) has been convicted of a crime or pleaded nolo contendere to a\nfelony charge involving murder, manslaughter, assault, sexual abuse,\ntheft, robbery, fraud, embezzlement, drug abuse, or sale of drugs,\nunless the commissioner finds that such conviction does not demonstrate\na present risk or danger to patients or the public; or\n  (j) is or was subject to a state or federal administrative order\nrelating to fraud or embezzlement, unless the commissioner finds that\nsuch order does not demonstrate a present risk or danger to patients or\nthe public.\n  2. Proceedings under this section may be initiated by any person,\ncorporation, association, or public officer, or by the department by the\nfiling of written charges with the department.  Whenever the department\nseeks revocation or suspension of a certificate of an ambulance service\nor an advanced life support first response service, a copy of the\ncharges shall be referred to the appropriate regional council for review\nand recommendation to the department prior to a hearing. Such\nrecommendation shall include a determination as to whether the public\nneed would be served by a revocation, suspension, annulment or\nlimitation. If there is no appropriate regional council established, the\nstate council shall make such determination and present to the\ndepartment its recommendations.\n  3. No certificate shall be revoked, suspended, limited or annulled\nwithout a hearing. However, a certificate may be temporarily suspended\nwithout a hearing and without the approval of the appropriate regional\ncouncil or state council for a period not in excess of thirty days upon\nnotice to the certificate holder following a finding by the department\nthat the public health, safety or welfare is in imminent danger.\n  4. The commissioner shall fix a time and place for the hearing. A copy\nof the charges and the recommendations of the appropriate regional\ncouncil or state council together with the notice of the time and place\nof the hearing, shall be mailed to the certificate holder by registered\nor certified mail, at the address specified on the certificate, at least\nfifteen days before the date fixed for the hearing. The appropriate\nregional council may be a party to such hearing. The certificate holder\nmay file with the department, not less than five days prior to the\nhearing, a written answer to the charges.\n