Ala. Admin. Code r. 420-2-1-.28

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-2-1-.28 - Compliance And Enforcement For Licensed Provider Services

(1) The OEMS shall have the right to inspect all licensed emergency medical provider service premises, facilities, vehicles, and aircraft at any time. A representative of the OEMS shall properly identify himself or herself prior to inspection.

(2) The provider service and vehicle/aircraft inspection standards are available from the OEMS and are posted at http://www.alabamapublichealth.gov/ems.

(3) The inspection frequency shall be determined by the OEMS. Nothing in this rule precludes the OEMS from issuing an immediate Notice of Intent to Suspend/Revoke order or issuing an emergency order to immediately cease operation or cease using a particular vehicle or aircraft, if necessary, in order to protect public health.

(4) A routine inspection shall be conducted:

(a) Prior to licensure, the OEMS will inspect the proposed emergency medical provider service's premises, facilities, and vehicles or aircraft to determine compliance with the requirements of these rules.

(b) Each provider service's premises, facilities, and permitted vehicles or aircraft will be inspected minimally every year. The OEMS may alter the frequency and the number of vehicles inspected for providers that maintain a national accreditation.

(c) A licensed provider service shall not operate a vehicle or aircraft until the OEMS has inspected the vehicle and issued a current permit decal. If an immediate inspection cannot be performed, the OEMS may issue temporary approval to allow a vehicle or aircraft to be placed in service if the vehicle meets all other requirements of these rules. All pertinent information regarding the vehicle or aircraft in question shall be documented and provided to the OEMS prior to temporary approval.

(d) A provider service's license may be suspended or revoked if the provider service's facilities do not provide reasonably safe conditions for the provider service's personnel.

(e) A deficiency noted during an inspection shall be corrected and the correction reported in writing within 10 working days of the inspection. A failure to comply may result in the suspension or revocation of the provider service's license.

(f) A vehicle or aircraft may be temporarily or permanently removed from operation if it fails to meet minimum requirements for its safe operation, if it poses a threat to the public or staff, if it does not carry the appropriate equipment, or if it does not have adequate staffing.

(5) A copy of the inspection report shall be furnished to the emergency medical provider service with the OEMS retaining possession of the original. The inspection report shall designate the compliance status of the facility, vehicle, or aircraft.

(6) All ALS licensed emergency medical provider services shall:

(a) Ensure that all fluids and medications are properly stored, secured, and inventoried no less than every 30 days by authorized licensed personnel.

(b) Ensure that all outdated, misbranded, adulterated, or deteriorated fluids and medications are removed immediately by the delegated responsible party.

(c) Inventory all fluids and medications by an approved method which documents their sale or disposal; approved methods can include a contract with a reverse distributor company or return to the origin of purchase.

(d) Notify the service medical director of all medication activities.

(e) Ensure that log records of all fluids and medication purchases, usage, wastage, and returns are documented and filed. Log records shall include dates, times, vehicle/aircraft number, medication or fluid name, quantity, and personnel's name.

(f) Document all usage of fluids and medication on the Alabama OEMS patient care reports.

(g) Allow OEMS to examine all records pertaining to the usage, supply, and re-supply of fluids and medications at any time.

(h) Provide notification and written documentation within 3 working days to the OEMS regarding any perceived protocol or rule violations.

(i) Upon determining intent to sell or cease operations,provide written documentation to the OEMS 5 working days prior to closing. The original copy of the provider service license and ALS authorization shall also be returned to the OEMS within 5 working days of closing.

(7) Personnel found to be working with an expired license are in violation of these rules and the OEMS may report those individuals and the service to third-party reimbursement agencies and the local District Attorney, when applicable.

(8) All personnel are required to maintain confidentiality of all patient records and information.

Ala. Admin. Code r. 420-2-1-.28

New Rule: Filed April 20, 2011; effective May 25, 2011.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 06, March 31, 2017, eff. 4/30/2017.

Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 05, February 28, 2019, eff. 4/7/2019.

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 07, April 30, 2020, eff. 6/14/2020.

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 05, February 28, 2022, eff. 4/14/2022.

Rule 420-2-1-.28 was renumbered 420-2-1-.07 as per certification Filed February 20, 2019; effective April 7, 2019.

Authors: William Crawford, M.D.; Jamie Gray

Statutory Authority:Code of Ala. 1975, § 22-18-1, et seq.