Utah Administrative Code
Topic - Health
Title R426 - Population Health, Emergency Medical Services
Rule R426-5 - Emergency Medical Services Training, Endorsement, Certification, and Licensing Standards
Section R426-5-3300 - Review and Investigation of Complaints and Referrals
Universal Citation: UT Admin Code R 426-5-3300
Current through Bulletin 2024-06, March 15, 2024
(1) The Department shall review all complaints filed against an EMS provider and a licensed EMS individual.
(2) Designated or licensed provider complaints will be investigated by the Department.
(a) The Department may conduct interviews
with the provider.
(b) The
Department will allow the provider an opportunity to respond to the allegations
and to provide supporting witnesses and documentation.
(c) Based on the investigation, the
Department will make a recommendation to the Department's Bureau
Director.
(d) If the Department's
recommendation is that the provider is to be placed on probation or suspension,
the Department's recommendation should include terms and conditions.
(e) The Department may take action against a
designated or licensed provider's license or designation based on the
investigative findings.
(f) The
Department shall notify the provider in writing of the Department's decision
within 30 days of completion of the investigation.
(3) Licensed EMS individual complaints will be investigated either by the Department or by the Primary Affiliated Provider (PAP).
(a) The Department shall investigate
and may take action if the Department determines any of the following applies
to a licensed EMS individual;
(i) the
licensed EMS individual demonstrates a threat to him or herself or to a
coworker,
(ii) the licensed EMS
individual demonstrates a threat to the public health,
(iii) the licensed EMS individual
demonstrates a threat to the safety or welfare of the public,
(iv) the licensed EMS individual potentially
violated
R426-5-3200(4),
or
(v) the Department determines
the risk cannot be reasonably mitigated.
(vi) The Department may place the licensed
EMS individual on a restricted license while an investigation is pending until
terms are reached for a provisional license using the process outlined in
R426-5-3300(5)(e).
(vii) The
Department may conduct interviews with all parties necessary. The Department
will gather information and evidence, which may include requiring the licensed
EMS individual to submit to a drug or alcohol screening or any other
appropriate evaluation.
(viii) The
licensed EMS individual shall have an opportunity to respond to the allegations
and to provide supporting witnesses and documentation.
(ix) Once the Department has completed its
investigation it shall submit the report with all findings and recommendations
to the Peer Review Board per
R426-5-3400(4)
for review.
(b) The PAP
shall investigate a complaint against the licensed EMS individual who the
Department refers to the PAP.
(i) The PA P
investigation shall:
(A) be investigated by
the licensed or designated EMS provider's EMS endorsed training officer or
designee;
(B) be completed and
findings submitted to the Department within 30 calendar days from receipt of
complaint from the Department;
(ii) If the Department determines that the
PAP actions are insufficient, the Department may initiate an investigation of
the licensed EMS individual which follows the Department and the Peer Review
Board process.
(4) The Department shall investigate an EMS individual's license or a provider's license or designation for any of the following:
(a) refusal to submit to a drug
test requested by the EMS provider or the Department;
(b) failure to report by an individual or any
affiliated provider pursuant to
R426-5-3200(7)and(8);
(c) non-prescribed use of or addiction to
narcotics or drugs;
(d) use of
alcoholic beverages or being under the influence of alcoholic beverages at any
level while on call or on duty as an EMS personnel or while driving any EMS
vehicle;
(e) being under the
influence of a prescribed or non-prescribed medication or drug(legal or
illegal) while on call or on duty as a licensed EMS individual who affects the
person's ability to operate or function safely.
(f) failure to comply with the training,
licensing, or relicensing requirements for the license ;
(g) failure to comply with a contractual
agreement as an EMS instructor, a training officer, or a course coordinator.
Action taken by the Department on this item shall only be against the
individual's ability to perform this particular function and would not affect
their base EMS license;
(h) fraud
or deceit in applying for or obtaining a license;
(i) fraud, deceit, lack of professional
competency, patient abuse, or theft in the performance of the duties as a
licensed EMS individual;
(j) false
or misleading information or failure to disclose criminal background
information during an investigation or an EMS Personnel Peer Review Board
proceeding;
(k) unauthorized use or
removal of narcotics, medications, supplies or equipment from a provider,
emergency vehicle or health care facility;
(l) performing procedures or skills beyond
the level of an individual's EMS licensure or provider's licensure;
(m) violation of laws pertaining to medical
practice, drugs, or controlled substances;
(n) mental incompetence as determined by a
court of competent jurisdiction;
(o) demonstrated inability and failure to
perform adequate patient care;
(p)
inability to provide emergency medical services with reasonable skill and
safety because of illness, or as a result of any other mental or physical
condition, when the individual's condition demonstrates a clear and
unjustifiable threat or potential threat to oneself, coworkers, or the public
health, safety, or welfare that cannot be reasonably mitigated;
(q) misrepresentation of an individual's
level of licensure;
(r) failure of
a licensed EMS individual to display a clearly identifiable level of EMS
licensure during an EMS response;
(s) unsafe, unnecessary or improper operation
of an emergency vehicle that would likely cause concern or create a danger to
the general public; or
(t) improper
or unnecessary use of emergency equipment.
(5) Background screening referrals may be submitted to the Department for review and investigation.
(a) The Department shall review any case
referred under
R426-5-3200.
(b) The Department may require the licensed
EMS individual to provide the proper criminal background
documentation.
(c) The licensed EMS
individual shall notify the Department of all entities they work for or are
affiliated with or that they may become affiliated with in connection to their
EMS licensure.
(d) Failure to
comply with any Department requirements may result in disciplinary action
against the licensed EMS individual's licensure.
(e) The Department may negotiate with the
licensed EMS individual and their PAP to determine terms and conditions of the
EMS individual's provisional licensure.
(i)
When the Department determines a licensed EMS individual's license will be
restricted, the Department shall notify both the licensed EMS individual and
all licensed or designated providers they are affiliated with.
(ii) The Department will attempt to contact
and begin negotiations with the PAP and the licensed EMS individual. All
parties will attempt to determine reasonable terms and conditions to the
licensed EMS individual's license .
(iii) If terms and conditions are agreed upon
between the parties, the licensed EMS individual and all affiliated licensed or
designated providers shall be notified immediately. This notification will
include information that the licensed EMS individual is under a provisional
license with terms and conditions until the resolution of any criminal charge
or the completion of an investigation.
(iv) If the licensed EMS individual is not
employed or affiliated with a licensed or designated provider or if terms and
conditions are not agreed upon, the Department may take action necessary to
protect the public's best interest.
(v) The Department, the licensed EMS
individual and the PAP, if applicable shall sign the terms of the provisional
licensure agreement. Any other affiliated licensed or designated EMS providers
shall be notified of the provisional license and its terms and
conditions.
(vi) Once the
provisional license has been signed, all known EMS providers who the licensed
EMS individual is affiliated with will be notified immediately by the
Department.
(vii) If any affiliated
licensed or designated EMS providers or the licensed EMS individual fail to
abide by the terms and conditions of a provisional license, they may be subject
to sanctions by the Department.
(f) The Department shall submit recommended
background clearance actions for licensed EMS individuals to the Peer Review
Board under
R426-5-3400.
(6) Appeal process;
(a) If a licensed or designated EMS provider
chooses to appeal an action by the Department, they may appeal to the EMS
Committee or pursue a remedy under the Utah Administrative Procedures Act,
Title 63G, Chapter 4, Administrative Procedures Act.
(i) If the Department action is appealed to
the EMS Committee, then the recommendation shall be given to the Department
Executive Director for a final decision.
(b) If a licensed EMS individual chooses to
appeal an action by the Department, they may appeal to the Executive Director,
or pursue a remedy under the Utah Administrative Procedures Act, Title 63G,
Chapter 4, Administrative Procedures Act.
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