SECTION 310:641-13-22. Air Ambulance Suspension, revocation, probation, or non-renewal of a licensee

(a)   The Department may suspend or revoke a license and/or fine or place on probation a license or licensee for the following:

(1)   violations of any of the provision of the Oklahoma Statutes, the Act or this chapter;

(2)   permitting, aiding, or abetting in any illegal act in connection with the ambulance service;

(3)   conduct of any practice that is detrimental to the welfare of the patient or potential users of the service;

(4)   placing a vehicle into service before it is properly inspected, approved, and permitted by the Department;

(5)   failure to comply with a written order issued by the Department within the time frame specified by the Department;

(6)   engaging in any act which is designed or intended to hinder, impede, or obstruct the investigation of any matter governed by the Act or by any lawful authority;

(7)   an ambulance service who fails to renew their Oklahoma license within the time frame and other requirements as specified in these rules shall be considered an expired or lapsed licensee and therefore no longer licensed as an ambulance service in the State of Oklahoma;

(8)   a misleading, deceptive, false, or fraudulent advertisement or other representation in the conduct of the profession or occupation;

(9)   offering, giving, or promising anything of value or benefit, as defined in Oklahoma Statutes or Department policy to a Federal, state, or local governmental official for the purpose of influencing the employee or official to circumvent a Federal, state, or local law, rule, or ordinance governing the licensee's profession or occupations;

(10)   interference with an investigation or disciplinary proceeding by willful misrepresentation of facts, by the use of threats or harassment against, or inducement to, a client or witness to prevent them from providing evidence in a disciplinary proceeding or other legal action, or by use of threats or harassment against, or inducement to, a person to prevent or attempt to prevent a disciplinary proceeding or other legal action from being filed, prosecuted, or completed;

(11)   failure to report the unprofessional conduct or non-compliance of regulations by individually licensed and certified personnel as defined in this Chapter.

(b)   No person, company, governmental entity or trust authority may operate an ambulance service or emergency medical response agency except in accordance with the Act and the rules as promulgated by the State Board. The Commissioner, District Attorney of the county wherein a violation occurs, or the Attorney General of this State, shall have the authority to enforce provisions of the law.

(c)   A license/certificate/permit holder or applicant in connection with a license application or an investigation conducted by the Department pursuant to this rule shall not:

(1)   knowingly make a false statement of material fact;

(2)   fail to disclose a fact necessary to correct a misapprehension known by the licensee to have arisen in the application or the matter under investigation; or

(3)   fail to respond to a demand for information made by the Department or any designated representative thereof.

(d)   If in the course of an investigation the Department determines that a license/certificate/permit holder or applicant has engaged in conduct that is detrimental to the health, safety, or welfare of the public, and which conduct necessitates immediate action to prevent further harm, the Commissioner may order a summary suspension of the license/certificate/permit holder's license, certificate, or permit respectively. A presumption of imminent harm to the public shall exist if the Department determines probable cause for conduct of any practice that is detrimental to the welfare of the patient or potential users of the service.

(e)   In addition to any other penalties, a civil fine of not more than one hundred ($100.00) dollars per violation per day may be assessed, for violations of the Act or this Chapter.

[Source: Added at 33 Ok Reg 1529, eff 9-11-16]