N.J. Admin. Code § 8:40-7.2

Current through Register Vol. 56, No. 17, September 3, 2024

Section 8:40-7.2 - Enforcement actions

(a) An authorized representative of the Department may remove any or all of a provider's vehicles from service when, in his or her opinion, the vehicle, equipment or crewmembers pose an imminent threat to the health, safety or welfare of the public or to patients using the service. Removal of a vehicle from service shall be accomplished by placing an official Department "Out-of-Service" sticker on at least one of the vehicle's windows. Placement of a vehicle in DIOOS status may be done simultaneously with an action to suspend or revoke the provider's license and/or impose a monetary penalty.

1. For the purpose of this section, imminent threat may include, but is not limited to:

i. Serious and apparent automotive defects such as faulty brakes, exhaust system or tires;

ii. Serious and apparent equipment defects such as absent or faulty oxygen, resuscitation or aspiration equipment;

iii. Missing required equipment; and/or

iv. Lack of vehicle registration as issued by the New Jersey Motor Vehicle Commission, driver's license, proof of valid vehicle insurance and/or vehicle license as issued by the Department.

2. The provider shall immediately cease to utilize the vehicle(s) to provide any and all services once an official Department "Out-of-Service" sticker has been placed on the vehicle(s). The provider shall ensure that the "Out-of-Service" sticker is not removed from the vehicle, except as provided in (a)4 below.

3. The provider shall notify OEMS by telephone when it believes that a deficiency has been corrected. OEMS shall make arrangements to reinspect the vehicle in the field within five business days.

4. The "Out-of-Service" sticker shall only be removed by an authorized representative of the Department, or by the provider when the provider has been given written authorization by the Department to do so, upon a finding that the applicable deficiencies have been corrected. Correction of deficiencies may include, but is not limited to:

i. The vehicle has been repaired or has successfully passed all tests conducted by the New Jersey Motor Vehicle Commission when there was an apparent automotive defect; or

ii. The equipment has been repaired or replaced when there was an apparent equipment defect.

(b) The Commissioner or his or her designee may summarily suspend the license of any provider when, in his or her opinion, the continued licensure of that provider poses an immediate or serious threat to the public health, safety or welfare.

1. A provider whose license has been summarily suspended shall have the right to apply for emergency relief, as provided for at 8:40-7.3(a).

(c) Violation of any portion of this chapter by a provider may be cause for action against the provider, including but not limited to, suspension or revocation of a provider's license, a formal written warning, monetary penalty, placing the provider's vehicle in "Department-Initiated-Out-of-Service" (DIOOS) status, placing of conditions for continued operation by the provider and/or refusal to issue or renew a license.

1. No provider shall have any action taken against its license, excluding an emergent situation as described in (b) above, unless that provider has first been afforded an opportunity for a hearing in accordance with 8:40-7.3(b).

2. Any actions taken under this section shall be separate from any civil, criminal or other judicial proceeding, including actions against licenses of health care professionals issued by other departments or boards. All matters of professional misconduct shall be referred to the appropriate licensing boards, and all matters of a criminal nature shall be forwarded to the appropriate authorities for disposition. Action taken against a provider does not preclude any action that may be taken against an EMT-Basic for the same infraction.

(d) Action shall be taken to revoke a provider's license if any person with an ownership interest of five percent or more has been accepted into a pre-trial Intervention, conditional discharge or other diversionary program, or has been convicted of:

1. Medicare, Medicaid or insurance fraud (regardless of the amount of the monetary penalty, term of imprisonment or other penalty imposed);

2. Any crime;

3. Any disorderly persons offense; and/or

4. A petty disorderly persons offense involving the possession, utilization, sale and/or distribution of any controlled dangerous substance; representing a risk of harm to the health, safety or welfare of patients; and/or involving patient abuse or patient neglect.

(e) In accordance with 26:2H-14, the Department may impose monetary penalties for violation of any of the rules contained in this chapter, including, but not limited to, the violations noted below, as follows:

1. Actions that are the cause or proximate cause of injury to a patient, passenger, crewmember or other person (including, but not limited to, a pedestrian, police officer or other on-scene EMS personnel) shall result in a monetary penalty of $ 2,500 for each injured person;

2. Actions involving the fraudulent procurement of licenses, certifications and/or other credentials, the filing of false reports or tampering with official or required records shall result in a monetary penalty of $ 2,500 per violation. Such violations may also result in an action to revoke the provider's license. Further, the Department may refer the matter to any and all appropriate authorities for further investigation and prosecution;

3. Violations of any rule pertaining to minimum crewmember requirements, crewmember duties, crewmember training and/or certification requirements shall result in a monetary penalty of $ 1,000 per violation/per calendar day;

4. Violations of any rule pertaining to patient, passenger and/or crewmember restraint or the safe transport of patients or passengers that do not result in injury, but have the potential to cause injury shall result in a monetary penalty of $ 1,000 per violation/per calendar day;

5. Violations of any vehicle licensure requirements or utilization of a vehicle ordered or placed in DIOOS status shall result in a monetary penalty of $ 1,000 per vehicle/per calendar day;

6. Destruction, distortion and/or removal of the "Out-of-Service" sticker from a vehicle that has not yet been placed back "in-service" by Department staff shall result in a monetary penalty of $ 250.00 per calendar day;

7. Violations of the rules requiring portable oxygen and portable aspirator/suction devices shall result in a monetary penalty of $ 1,000 per violation/per calendar day;

8. Violations of any notification requirements (for example, change of name, address, license plate number, vehicle identification number, trade name, etc.) shall result in a monetary penalty of $ 250.00 per violation/per calendar day; and

9. Violations of the remaining portions of these rules may result in a monetary penalty of $ 250.00 per violation/per calendar day.

(f) Violations shall be considered as a single, different occurrence for each calendar day the violation occurs or remains uncorrected.

(g) Subsequent violations of the same type that occur within one year of the previous violation shall, in accordance with 26:2H-14, be subject to incremental penalties.

(h) In the event a provider is in arrears of any monetary penalty or penalty greater than 60 calendar days, the Department may:

1. Refuse to issue any license or renewal;

2. Refer the delinquent account to the Office of the Attorney General for collection; and/or

3. Take such other action as authorized by law, including actions to suspend and/or revoke the provider's license.

N.J. Admin. Code § 8:40-7.2