Section R911-5-3300 - Review and Investigation of Complaints and Referrals(1) The department shall review each complaint filed against an EMS provider and a licensed EMS personnel.(2)(a) The department may investigate designated or licensed provider complaints.(b) The department may conduct interviews with a provider or EMS personnel.(c) The department may allow the licensed EMS personnel or provider an opportunity to respond to the allegations and to provide supporting witnesses and documentation.(d) Based on the investigation, the department shall make a recommendation to the department's office director.(e) If the department's recommendation is that the licensed EMS personnel or provider is to be placed on probation or suspension, the department's recommendation shall include terms and conditions.(f) The department may take action against a designated or licensed provider's license or designation based on the investigative findings.(g) The department shall notify the licensed EMS personnel or provider in writing of the department's decision within 30 days of completion of the investigation.(3)(a) Licensed EMS personnel complaints shall be investigated either by the department or by the primary affiliated provider (PAP).(b) The department shall investigate and may take action if the department determines any of the following applies to a licensed EMS personnel:(i) the licensed EMS personnel demonstrates a threat to themselves or to a coworker;(ii) the licensed EMS personnel demonstrates a threat to the public health;(iii) the licensed EMS personnel demonstrates a threat to the safety or welfare of the public;(iv) the licensed EMS personnel potentially violated Subsection R911-5-3200(4); or(v) the department determines the risk cannot be reasonably mitigated.(c) The department may place the licensed EMS personnel on a restricted license while an investigation is pending until terms are reached for a provisional license using the process outlined in Subsection R911-5-3300(5)(f)(i).(d) The department may conduct interviews with any individual necessary. The department may gather information and evidence, which may include requiring the licensed EMS personnel to submit to a drug or alcohol screening or any other appropriate evaluation.(e) The licensed EMS personnel shall have an opportunity to respond to the allegations and to provide supporting witnesses and documentation.(f) Once the department has completed its investigation, it shall submit the report with any findings and recommendations to the peer review board per Subsection R911-5-3400(4) for review.(g)(i) The PAP shall investigate a complaint against the licensed EMS personnel who the department refers to the PAP. (ii) The PAP investigation shall:(A) be investigated by the licensed or designated EMS provider's EMS-endorsed training officer or designee; and(B) be completed and findings submitted to the department within 30 calendar days from receipt of complaint from the department;(iii) If the department determines that the PAP actions are insufficient, the department may initiate an investigation of the licensed EMS personnel which follows the department and the peer review board process.(4) The department shall investigate an EMS personnel's license, a provider's license or designation, or an individual's department endorsement for any of the following reasons: (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 Subsections R911-5-3200(19) and R911-5-3200(20);(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 an 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 personnel that 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 personnel;(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 EMS 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 personnel 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)(a) Background screening referrals may be submitted to the department for review and investigation.(b) The department shall review any case referred under Section R911-5-3200.(c) The department may require the licensed EMS personnel to provide the proper criminal background documentation.(d) The licensed EMS personnel shall notify the department of each entity they work for or are affiliated with or that they may become affiliated with in connection with their EMS licensure.(e) Failure to comply with any department requirements may result in disciplinary action against the EMS personnel's licensure.(f)(i) The department may negotiate with the licensed EMS personnel and their PAP to determine terms and conditions of the EMS personnel's provisional licensure.(ii) When the department determines an EMS personnel's license will be restricted, the department shall notify both the licensed EMS personnel and each licensed or designated provider the individual is affiliated with.(iii) The department shall try to contact and begin negotiations with the PAP and the licensed EMS personnel. Each individual shall try to determine reasonable terms and conditions to the EMS personnel's license.(iv) If terms and conditions are agreed upon between the parties, the licensed EMS personnel and each affiliated licensed or designated provider shall be notified immediately. This notification shall include information that the licensed EMS personnel is under a provisional license with terms and conditions until the resolution of any criminal charge or the completion of an investigation.(v) If the licensed EMS personnel is not employed or affiliated with a licensed or designated provider or if terms and conditions are not agreed upon, the department may act as necessary to protect the public's best interest.(vi) The department, the licensed EMS personnel, 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.(vii) Once the provisional license has been signed, the department shall notify any known EMS provider the licensed EMS personnel is affiliated with.(viii) If an affiliated licensed or designated EMS provider or the licensed EMS personnel fail to abide by the terms and conditions of a provisional license, they may be subject to sanctions by the department.(g) The department shall submit recommended background clearance actions for licensed EMS personnels to the peer review board under Section R911-5-3400.(6) Appeal process:(a)(i) If a licensed or designated EMS provider or a licensed EMS personnel 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.(ii) 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 personnel 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.Utah Admin. Code R911-5-3300
Adopted by Utah State Bulletin Number 2024-14, effective 7/1/2024