2023 New York Laws › PBH - Public Health › Article 30 - Emergency Medical Services › 3012 - Enforcement.

§  3012.  Enforcement.    1.  Any  ambulance  service or advanced life
support first response service certificate issued  pursuant  to  section
three  thousand  five of this article may be revoked, suspended, limited
or  annulled  by  the  department  upon  proof  that  the  operator   or
certificate  holder  or  one  or  more  enrolled  members or one or more
persons in his employ:
(a) has been guilty of misrepresentation in obtaining the  certificate
or  in  the  operation of the ambulance service or advanced life support
first response service; or
(b) has not been competent in the operation  of  the  service  or  has
shown  inability to provide adequate ambulance services or advanced life
support first response service; or
(c) has failed to pay  the  biennial  certification  fee  as  required
except  in  the  case  of  any  voluntary ambulance service or voluntary
advanced life support first response service; or
(d) has failed to file any report required by the provisions  of  this
article or the rules and regulations promulgated thereunder; or
(e)  has  violated  or  aided  and  abetted  in  the  violation of any
provision of this article, the  rules  and  regulations  promulgated  or
continued thereunder, or the state sanitary code; or
(f)  had  discontinued operations for a period in excess of one month;
or
(g) a voluntary ambulance service or voluntary advanced  life  support
first  response service has failed to meet the minimum staffing standard
and has not been issued an exemption, except that such certificate shall
not be suspended or  revoked  unless  the  commissioner  finds  that  an
adequate alternative service exists. The commissioner shall consider the
recommendation  of  the  regional  emergency medical services council in
making a finding; or
(h) an ambulance service operating for profit has failed to  meet  the
minimum staffing standard; or
(i)  has  been  convicted  of  a crime or pleaded nolo contendere to a
felony charge involving murder,  manslaughter,  assault,  sexual  abuse,
theft,  robbery,  fraud,  embezzlement,  drug  abuse,  or sale of drugs,
unless the commissioner finds that such conviction does not  demonstrate
a present risk or danger to patients or the public; or
(j)  is  or  was  subject  to  a state or federal administrative order
relating to fraud or embezzlement, unless the  commissioner  finds  that
such  order does not demonstrate a present risk or danger to patients or
the public.
2. Proceedings under this section may  be  initiated  by  any  person,
corporation, association, or public officer, or by the department by the
filing  of written charges with the department.  Whenever the department
seeks revocation or suspension of a certificate of an ambulance  service
or  an  advanced  life  support  first  response  service, a copy of the
charges shall be referred to the appropriate regional council for review
and  recommendation  to  the  department  prior  to  a   hearing.   Such
recommendation  shall  include  a determination as to whether the public
need  would  be  served  by  a  revocation,  suspension,  annulment   or
limitation. If there is no appropriate regional council established, the
state   council  shall  make  such  determination  and  present  to  the
department its recommendations.
3. No certificate shall be revoked,  suspended,  limited  or  annulled
without  a  hearing. However, a certificate may be temporarily suspended
without a hearing and without the approval of the  appropriate  regional
council  or state council for a period not in excess of thirty days upon
notice to the certificate holder following a finding by  the  department
that the public health, safety or welfare is in imminent danger.
4. The commissioner shall fix a time and place for the hearing. A copy
of  the  charges  and  the  recommendations  of the appropriate regional
council or state council together with the notice of the time and  place
of  the hearing, shall be mailed to the certificate holder by registered
or certified mail, at the address specified on the certificate, at least
fifteen  days  before  the  date  fixed for the hearing. The appropriate
regional council may be a party to such hearing. The certificate  holder
may  file  with  the  department,  not  less than five days prior to the
hearing, a written answer to the charges.