(A) The department may enforce rules, regulations, and standards promulgated pursuant to this article. An enforcement action taken by the department may be appealed pursuant to Article 3, Chapter 23, Title 1.
(B) Grounds for an enforcement action against an authorization, license, or permit exist for violation of a regulation promulgated pursuant to this article. The department may suspend a license pending an investigation of an alleged violation or complaint. The department may impose a civil monetary penalty up to five hundred dollars per offense per day to a maximum of ten thousand dollars and revoke or suspend the provider's license or permit if the department finds that a service has:
(1) allowed uncertified personnel to perform patient care;
(2) falsified required forms or paperwork as required by the department;
(3) failed to maintain required equipment as evidenced by past compliance history;
(4) failed to maintain a medical control physician;
(5) failed to maintain equipment in working order; or
(6) failed to respond to a call within the response area of the service without providing for response by an alternate service.
(C) Whoever hinders, obstructs, or interferes with a duly authorized agent of the department while in the performance of his duties or violates a provision of this article or regulation of the board promulgated pursuant to this article is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than five hundred dollars and not more than five thousand dollars or by imprisonment for not less than ten days nor more than six months for each offense. Information pertaining to the license or permit is admissible in evidence in all prosecutions under this article if it is consistent with applicable statutory provisions.
(D) If a permitted ambulance or licensed emergency medical responder service fails inspection or loses points upon initial inspection, a civil monetary penalty must not be levied. Instead, a copy of the inspection report will be given to the service indicating deficiencies found and a request for a letter of compliance and a time period by which to correct the deficiencies will be issued. Upon reinspection, any deficiencies found will be assigned a point value and fine schedule or the permit will be revoked, or both. The fine schedule is found in Regulation 61-7.
HISTORY: 1962 Code Section 32-905.37; 1974 (58) 2370; 1981 Act No. 144, Section 3; 1993 Act No. 181, Section 1137; 2004 Act No. 271, Section 1, eff July 16, 2004; 2010 Act No. 157, Section 1, eff May 11, 2010.
Structure South Carolina Code of Laws
Chapter 61 - Emergency Medical Services
Section 44-61-10. Short title.
Section 44-61-20. Definitions.
Section 44-61-50. Ambulance permits.
Section 44-61-60. Ambulance equipment requirements.
Section 44-61-65. First responder licensing requirements.
Section 44-61-70. Suspension or revocation of license or permit; penalty.
Section 44-61-90. Records to be kept by ambulance service licensees.
Section 44-61-100. Exemptions.
Section 44-61-110. Restriction on financial aid.
Section 44-61-130. Authority of emergency medical technicians.
Section 44-61-140. Chapter does not limit presently operating rescue units.
Section 44-61-160. Confidentiality of data; exceptions; penalty.
Section 44-61-300. Short title.
Section 44-61-310. Definitions.
Section 44-61-320. Establishment of program.
Section 44-61-330. Scope of program; gathering of data.
Section 44-61-340. Confidentiality of data; exceptions; penalty.
Section 44-61-350. Advisory Committee.
Section 44-61-510. Definitions.
Section 44-61-520. Trauma care standards and regulations; revocation of designation; fines.
Section 44-61-530. Trauma Advisory Council; membership.
Section 44-61-550. Trauma Registry; confidentiality.
Section 44-61-610. Short title.
Section 44-61-620. Legislative findings.
Section 44-61-630. Definitions.
Section 44-61-670. Duties of department; confidentiality of health care information.
Section 44-61-680. Limitation of application of article.
Section 44-61-690. Regulations; duties contingent on funding and promulgation of regulations.
Section 44-61-720. Definitions.
Section 44-61-730. Home state licensure.
Section 44-61-740. Compact privilege to practice.
Section 44-61-750. Conditions of practice in a remote state.
Section 44-61-760. Relationship to Emergency Management Assistance Compact.
Section 44-61-780. Adverse actions.
Section 44-61-790. Additional powers invested in a member state's EMS authority.
Section 44-61-800. Establishment of the Interstate Commission for EMS Personnel Practice.
Section 44-61-810. Coordinated database.
Section 44-61-820. Rulemaking.
Section 44-61-830. Oversight; dispute resolution; enforcement.
Section 44-61-840. Date of implementation; associated rules; withdrawal; amendment.