N.Y. Public Health Law § 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.