STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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RECOMMENDED ORDER

Pursuant to notice, a hearing was held in the Escambia County Health Department Auditorium, 2400 North Palafox Street, Pensacola, Florida at 4:25

1. on August 24, 1976 before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration.

   
   

   APPEARANCES

   
   

   For Petitioner: John Davis, Esquire

   
   

   For Respondent Barbara D. McPherson, Esquire

   
   

   ISSUE

   
   

   1. Whether the Respondent Department of Health and Rehabilitative Services should revoke the license of Petitioner Milton Ambulance Service.

      
      

   2. Whether the license of Petitioner should be renewed.

INTRODUCTION

Milton Ambulance Service was denied a license for one vehicle and renewal of license for the Milton Ambulance Service.

Petitioner Milton Ambulance Service contends that the Respondent wrongfully refused to renew the license of the Milton Ambulance Service and has no right or reason to revoke the Milton Ambulance Service license.

Respondent Department of Health and Rehabilitative Services contends:

1. That the Milton Ambulance Service has violated Section 401.27, F.S. and Section 10D-66.06, F.A.C. by employing non-certified personnel as emergency medical technicians and ambulance drivers and failed to have the proper radio equipment on its ambulances.

   
   

2. That the Petitioner violated Section 401.31, F.S., and Section 10D- 66.03, F.A.C., by refusing to allow the Department's investigator to see its business records.

3. That the Milton Ambulance Service failed to notify the hospital on more than one occasion that it was bringing emergency patients into the hospital and at least once failed to stabilize patients.

   
   

4. That the Milton Ambulance Service failed to assure safe transportation to persons transported in its ambulance and at least once failed to secure patients within the ambulance.

   
   

5. That it has the authority and duty to protect the public from the unlawful use of ambulance service.

FINDINGS OF FACT

1. Milton Ambulance Service which serves Santa Rosa and at times other adjacent counties in Florida was denied a license by Respondent Department of Health and Rehabilitative Services for a 1967 cadillac ambulance on February 24, 1976.

   
   

2. Application for renewal of operating license of Milton Ambulance Service was denied on February 23, 1976, and would have been revoked on March 19, 1976 had such revocation not been stayed for a public hearing.

   
   

3. The Petitioner Milton Ambulance Company had not on at least two occasions notified the Emergency Room that the ambulances were bringing patients to the hospital. On at least two occasions, the owner, Mr. Russell Sloan, of the Petitioner Milton Ambulance Service, was reminded by the physician in charge of the Emergency Medical Room that it was unnecessary to notify the Emergency Room of patients who were going to be brought to the Emergency Room.

   
   

4. That on at least one occasion ambulance service owned by the Petitioner failed to stabilize patients to assure safe transportation.

   
   

5. That on both 1975 and 1976 applications the names of non-certified personnel were indicated as working for Milton Ambulance Service.

   
   

6. The ambulance owned and operated by the Petitioner have operated without a direct radio communication with the hospitals in the area.

   
   

7. There is no showing that the Petitioner in fact failed to show its business records.

   
   

8. The Milton Ambulance Service knew or should have known that the proper information and forms for use in licensing of the company may be obtained from the office of the Department of Health and Rehabilitative Services, Division of Health, Emergency Medical Services, 1323 Winewood Boulevard, Tallahassee, Florida.

   
   

   CONCLUSIONS OF LAW

   
   

   Section 401.22, Florida Statutes, provides: "Legislative intent. - It is the intent of the legislature to prevent disabilities

   and needless loss of life and health caused by accidents, sudden or acute illnesses, and other calamities by improving the quality of emergency medical

   services through the establishment and maintenance of lifesaving and disability- preventing standards for all emergency medical services."

   
   

   Section 401.24, Florida Statutes, provides: "Emergency medical services; state plan.- The department is responsible for the improvement and regulation of emergency medical services. "

   
   

   Section 401.27, Florida Statutes, in pertinent part provides:

   "Certification and standards for personnel.-

   1. After January 1, 1974, every ambulance not specifically excluded from the provisions of this act, when transporting a sick, injured, wounded, incapacitated, or helpless person, shall be occupied by at least two persons, one of whom holds either a valid emergency medical technician's certificate

      or a medical or registered nursing license, as provided for in chapters 458, 459, or chapter 464. In addition, the driver

      shall possess a valid emergency ambulance driver's certificate.

      * * * * "(6) The [department] is authorized to suspend or revoke a certificate at any time if it determines, after notice and

      hearing in conformance with chapter 120, that the holder fails to meet the prescribed qualifications."

      "(7) Upon a determination that it is in the public interest, the [department] may issue a provisional certificate, valid for not more than 1 year from the date

      of issuance, to an applicant who does not meet the qualifications established pursuant to this act. The issuance of a provisional certificate is, in part, conditional upon the applicant's taking the steps necessary for regular certification."

      
      

      Chapter 10D, F.A.C., in pertinent part provides: "10D-66.06 Attendant and Driver Certification.

      1. To be certified as an Emergency Medical Technician (ambulance attendant) an individual must:

         1. Submit an application and the required fee to the Division of Health.

         2. Be at least 18 years of age.

         3. Hold a minimum of a valid American Red Cross Standard First Aid and Personal Safety Course Card or its equivalent.

         4. Have successfully completed an eighty (80) hour Emergency Medical

            Technician's training course or its equivalent, both of which must be approved by the Division of Health.

         5. Take the State Emergency Medical Technical Registry Examination administered by the Division of Health and be on the State Registry of Emergency Medical Technicians.

         6. Successfully completed any appro- priage (sic) refresher training required by the Division of Health for re-regis- tration, or at any other time that it is

            deemed necessary by the Division of Health.

         7. If there is only one Emergency Medical Technician on the ambulance, then the technician must be in the patent compartment at all times when a patient is being transported."

      "(2)(d) Re-examination of attendants and drivers may be requested for cause at any time."

      "(4) Upon determination that it is in the public interest, the Division may issue a provisional certificate, valid for not more than one year from the date of issuance to an applicant who does not meet the qualifications established pur- suant to this Act. The issuance of a provisional certificate is, in part, conditional upon the applicant taking the steps necessary for regular certifi-

      cation. In addition, the applicant must:

      1. Possess a valid American Red Cross Standard First Aid and Personal Safety Course Card.

      2. Submit an application and required fees for certification.

      3. Be a minimum of 18 years of age.

      (5) A provisional certificate may be changed to fully any time during the period which it was issued without any additional payments required, provided

      the individual has met all of the require- ments for full certification."

      
      

9. Section 401.25(4), Florida Statutes, empowers the Respondent to suspend or revoke a license if it determines that the licensee has failed to maintain compliance prescribed for operating an ambulance service. Section 401.30, Florida Statutes, requires that certain records be maintained and be available for inspection by the Respondent.

   
   

10. Section 10D-66.07(5), F.A.C., requires ambulances to have facilities for radio communication.

    
    

11. The Petitioner Milton Ambulance Service has failed to follow the requirements of the statutes and rules relating to certified personnel,

ambulance equipment and performance in compliance with Chapter 401 and F.A.C, 10D.

RECOMMENDATION

Notify the Petitioner Milton Ambulance Service that the application for renewal will be denied and that an application for renewal will be considered at such time as the Petitioner can show full compliance with each statute and with each rule and regulation promulgated by the agency in compliance with the statute.

DONE and ORDERED this 6th day of December, 1976, in Tallahassee, Florida.

COPIES FURNISHED:

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Barbara Dell McPherson, Esquire Department of Health and

Rehabilitative Services Post Office Box 210 Tallahassee, Florida 32301

John M. Davis, Esquire Fitzgerald and Davis Post Office Box 856 Milton, Florida 32570

Docket for Case No: 76-000418

Orders for Case No: 76-000418