OAR 333-250-0390
Informal Enforcement
(1)
If during an investigation or survey Authority staff document violations of ambulance service licensing rules or laws, the Authority may issue a statement of deficiencies that cites the law or rule alleged to have been violated and the facts supporting the allegation. The Authority may share the statement of deficiencies with the applicable EMS medical director, local government, or county ASA administrator.(2)
Upon receipt of a statement of deficiencies, an ambulance service shall be provided an opportunity to dispute the Authority’s survey findings but must still comply with sections (3) and (4) of this rule.(a)
If an ambulance service desires an informal conference to dispute the Authority’s survey findings, the ambulance service shall advise the Authority in writing within three business days after receipt of the statement of deficiencies. The written request must include a detailed explanation of why the agency believes the statement of deficiencies is incorrect.(b)
An ambulance service may not seek a delay of any enforcement action against it on the grounds the informal dispute resolution has not been completed.(c)
If an ambulance service is successful in demonstrating the deficiencies should not have been cited, the Authority shall reissue the statement of deficiencies, removing such deficiencies and rescinding or modifying any remedies issued for such deficiencies. The reissued statement of deficiencies shall state that it supersedes the previous statement of deficiencies and shall clearly identify the date of the superseded statement of deficiencies.(3)
Depending on the nature and severity of the deficiency, a signed corrective action plan must be mailed to the Authority within a minimum of 24 hours or maximum of 30 business days, as specified by the Authority, from the date the statement of deficiencies was received by the ambulance service. A signed corrective action plan will not be used by the Authority as an admission of the violations alleged in the statement of deficiencies.(4)
An ambulance service shall correct all deficiencies by the date identified by the Authority, unless an extension of time is requested from the licensed ambulance service. A request for such an extension shall be submitted in writing and must accompany the corrective action plan.(5)
The Authority shall determine if a written corrective action plan is acceptable. If the corrective action plan is not acceptable to the Authority, the Authority shall notify the ambulance service owner in writing:(a)
Identifying which provisions in the plan the Authority finds unacceptable;(b)
Citing the reasons the Authority finds the provisions unacceptable; and(c)
Requesting that the corrective action plan be modified and resubmitted no later than 14 business days from the date notification of non-compliance was received by the ambulance service owner.(6)
Failure to respond to the Authority or if the ambulance service does not come into compliance by the date specified by the Authority, the Authority may:(a)
Propose to deny, suspend, or revoke the agency license;(b)
Place the ambulance service on probation; or(c)
Impose civil penalties.(7)
The Authority shall confirm by survey or other appropriate means that all deficiencies have been corrected.
Source:
Rule 333-250-0390 — Informal Enforcement, https://secure.sos.state.or.us/oard/view.action?ruleNumber=333-250-0390.