R426-5-3400. EMS Personnel Peer Review Board

  The EMS Personnel Peer Review Board is created under section 26-8a-105(4).

  (1) Membership of the EMS Personnel Peer Review Board. The EMS Personnel Peer Review Board shall be composed of the following 15 members appointed by the Executive Director of the Department of Health:

  (a) One EMS administrative officer representing a licensed ambulance provider, a licensed paramedic provider, or a designated quick response unit provider from a county of the first or second class;

  (b) One EMS administrative officer representing a licensed ambulance provider, a licensed paramedic provider, or a designated quick response unit provider from a county of the third through sixth class;

  (c) One educational representative from an accredited EMS training program;

  (d) One physician certified and practicing as an EMS Medical Director;

  (e) One licensed EMD;

  (f) Two representatives from professional employee groups, one fire based, and one non-fire based;

  (g) Two endorsed EMS training officers;

  (h) Two non-supervisory licensed EMT's;

  (i) Two non-supervisory licensed AEMT's;

  (j) Two non-supervisory licensed Paramedics;

  (2) EMS Personnel Peer Review Board member terms of office:

  (a) Except as provided in subsection (2)(b) members shall be appointed for a six year term beginning no later than October 1, 2015.

  (b) The Department shall adjust the length of terms to ensure the terms of members of the board are staggered so approximately one third of the board is appointed every two years.

  (c) No member shall serve consecutive full terms.

  (d) When a vacancy occurs in the membership of the board for any reason, the Executive Director of the Department shall appoint the replacement for the balance of the unexpired term. If the balance of the term is greater than 50% of the initial term, then the term shall be considered a full term.

  (e) The EMS Personnel Peer Review Board shall organize and select one of its members as Chair and one of its members as Vice Chair to serve no more than two years in each position.

  (f) If a board member becomes ineligible for the EMS Personnel Peer Review Board membership position through promotion, an increase in level of licensure or transfer out of the employment position which qualified them for the appointment, they shall be replaced at the next two year interval.

  (g) An equitable mix of urban and rural members is preferred.

  (3) EMS Personnel Peer Review Board Meetings.

  (a) Regular meetings of the Peer Review Board shall be scheduled quarterly.

  (i) Regular meetings shall be noticed and posted to employers and posted in accordance with the Utah Open and Public Meetings Act, Section 52-4-202.

  (ii) Failure to attend three or more consecutive meetings by any member may be grounds for removal of that member and replacement in accordance with subsection (2)(d).

  (iii) A member may not receive compensation or benefits from the Department for the member's service. The member may receive per diem and travel expensed in accordance with Department rules and policies.

  (4) Once a complaint or background screening finding against a licensed EMS individual is investigated, the Department shall refer the case and provide a report with all findings and recommendations to the EMS Personnel Peer Review Board.

  (5) If the EMS Personnel Peer Review Board chooses to recommend any action that deviates from the Department recommendation, the Board shall provide written justification for that recommendation.

  (6) The EMS Personnel Peer Review Board may make

  recommendations to the Department's Bureau Director, of:

  (a) no Department action, or

  (b) a letter of notice, or

  (c) probation of the licensed EMS individual's license with specific terms and conditions for a period of time, or

  (d) suspension of the licensed EMS individual's license for a defined period of time, or

  (e) permanent revocation of the licensed EMS individual's license, or

  (d) a combination of any of these actions.

  (7) If the Department's Bureau Director modifies the recommended action of the EMS Personnel Peer Review Board, the Department's Bureau Director shall attach a written letter of dissent noting the reasoning for the decision. The Department's Bureau Director shall then notify the EMS Personnel Peer Review Board of the dissent and action taken.

  (8) The licensed EMS individual shall be notified by the Department of any action taken within 15 days of the decision by mail.

  (9) An action to restrict, place on probation, suspend, or revoke the licensed EMS individual's license shall be done in accordance with Title 63G, Chapter 4, Administrative Procedures Act.