R426-5-3300. Review and Investigation of Complaints and Referrals

  (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 PAP 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.