105 CMR, § 170.350

Current through Register 1533, October 25, 2024

Section 170.350 - Accident Reports and Serious Incident Reporting Requirements

(A) Each licensed service shall file a written report with the Department within seven calendar days of the following incidents. and immediately notify the Department by electronic mail or telephone if the incident results in injury or death, involving its service, personnel or property:

(1) fire affecting an EMS vehicle or service place of business;

(2) theft of an EMS vehicle; and

(3) a motor vehicle crash involving an EMS vehicle reportable under M.G.L. c. 90, § 26 relating to the mandatory reporting of any crash involving a motor vehicle resulting in personal injury, death, or property damage. For the purpose of 105 CMR 170.350(A)(3), the written report shall be a copy of the approved Registry of Motor Vehicles' "Operator's Report of Motor Vehicle Accident," or in the case of a Class IV ambulance, a copy of the approved report form submitted to the FAA.

(B)

(1) Each licensed service or accredited training institution shall immediately notify the Department by electronic mail or telephone and file a written report with the Department within seven calendar days of other serious incidents involving its service, personnel or property. Serious incidents are medication errors, whether or not they result in injury to a patient, and other incidents that create a significant risk of substantial or serious injury to the health, safety or well-being of a patient not ordinarily expected as a result of the patient's condition. Such reportable incidents include, but are not limited to, the following:

(a) medication errors;

(b) failure to assess and provide treatment in accordance with the Statewide Treatment Protocols resulting in injury;

(c) medical, EMS system or communications failure, or equipment failure or user error resulting in injury or delay in response or treatment; and

(d) undue delay in response or treatment for any reason, resulting in injury.

(2) Within 30 calendar days of filing a serious incident report, the service shall file with the Department the following:

(a) an investigation report of the incident including the service's findings about the causes of the incident; and

(b) a plan of correction and preventability, reflecting participation of, and review by, the affiliate hospital medical director, addressing the corrective measures the service took upon discovery and investigation of the incident, both with respect to the specific personnel and equipment involved in the incident, as well as to policies, procedures, training, orientation, and other such changes to prevent such incident from recurring in the future, if the incident is preventable.