Section 170.235 - Provisional Service License(A) Pursuant to M.G.L. c. 111C, § 6(c), the Department may issue a provisional license to an applicant for renewal of a license when it does not meet the requirements of 105 CMR 170.000, provided that: (1) the applicant has demonstrated to the Department's satisfaction a good faith intention to meet all such requirements;(2) the Department finds the applicant provides adequate emergency medical care; and(3) the Department finds the applicant evidences a potential for full licensure within a reasonable period, not to exceed six months.(B) The Department bases its decision to issue a provisional license to a service when it identifies, upon inspection, significant, multiple and/or repeat health and safety deficiencies, uncorrected from prior inspections and plans of correction. Such significant health and safety deficiencies include, but are not limited to, the following:(1) Medical equipment/medication deficiencies including, but not limited to the following: (a) biohazard contamination to vehicle or equipment;(b) inoperable or improperly assembled portable or installed suction system;(c) missing all jump kits or required equipment/supplies, including missing/inoperable defibrillator or patient movement equipment;(d) missing or expired/unusable medications; and(e) empty/missing installed or portable oxygen tanks (if they cannot be immediately replaced/corrected).(2) Vehicle deficiencies including, but not limited to, the following: (b) door hinges separation/damage;(c) door skin separation;(d) rear door stress cracks/metal fatigue;(e) suspension mount cracks or separations;(f) driver's gauges obstructed, and/or not backlit/visible, or any not functional;(g) emergency lights inoperable;(h) Original equipment manufacturer (OEM) lights inoperable;(i) scene lighting - inoperable on any one side of vehicle;(j) siren/audible warning system inoperable;(k) windshield cracks obstructing driver's view;(l) invalid state motor vehicle safety inspection sticker;(m) cab/chassis floorboard holes;(n) excessive body damage or chassis corrosion/rust;(o) box or cab separation from mounts;(p) failure or inoperable or missing patient/occupant restraint device/system; and(q) vehicle not in a state of readiness, due to temperature of equipment/ medications/supplies, related to garaging or otherwise unable to respond to a call at any time.(3) Service operations deficiencies including, but not limited to, the following: (a) failure to maintain a current, valid affiliation agreement, or failure to comply with affiliation agreement requirements;(b) EMS personnel not maintaining current, valid required credentials (including EMT certification; CPR/ACLS credentials and driver's license);(c) allowing uncertified personnel to act as EMTs at any level;(d) unsafe conditions in service locations/garages, including hazards;(e) identified drug security failures or other drug storage violations; and(f) failure to maintain patient care reports.(C) The applicant shall submit, on a form required by the Department, a written plan for meeting the appropriate requirements and the plan must be approved by the Department.(D) A provisional license shall expire six months after issuance. The Department shall in no case issue more than two consecutive provisional licenses to the same service.(E) An initial license application may be required by the Department at the conclusion of the provisional licensure period at the discretion of the Department or after issuance of two consecutive provisional licenses.Amended, Mass Register Issue 1257, eff. 3/28/2014.Amended by Mass Register Issue 1486, eff. 1/6/2023.Amended by Mass Register Issue 1488, eff. 1/6/2023.