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24.156.2708    COMPLAINTS INVOLVING PREHOSPITAL CARE, INTERFACILITY CARE, EMERGENCY MEDICAL TECHNICIANS (ECPs), OR EMERGENCY MEDICAL SERVICE (EMS) OPERATIONS

(1) If the board receives a written complaint or otherwise obtains information that an ECP licensee, ECP license applicant, or EMS may have committed a violation of the established patient care standards for prehospital and interfacility emergency medical treatment, and transportation is in violation of applicable rules and statutes, the complaint will be reviewed by the screening panel to determine whether the complaint involves an ECP only, an EMS only, or a combination of both.

(2) Complaints found to involve EMS operations only will be referred to the Department of Public Health and Human Services (DPHHS) for investigation.

(a) If DPHHS notifies the screening panel that an ECP may have violated a board rule or the practices of an ECP may be jeopardizing patient care, the screening panel will open a complaint against the ECP.

(3) Complaints found to involve an ECP will be reviewed by the board's screening panel to determine if there is reasonable cause to believe a violation was committed by following the Department of Labor and Industry's (DLI's) complaint process.

(a) The screening panel may request an investigation by DLI to determine whether there is reasonable cause to believe that the license or license applicant has committed the violation.

(b) If a complaint involves patient care by an ECP, the screening panel will provide to DPHHS:

(i) the complaint information and the screening panel's initial findings;

(ii) any potential violation of DPHHS rules;

(iii) the existing policies or practices of EMS that may be jeopardizing patient care; and

(iv) information on the resolution of the complaint, including any sanctions imposed against an ECP licensee.

(4) If both the screening panel and DPHHS find that an investigation is needed, a joint investigation may be conducted.

(5) Unlicensed practice complaints involving an ECP or complaints involving a new ECP applicant will be reviewed by the full board.

History: 37-3-203, 50-6-203, MCA; IMP, 50-6-203, MCA; NEW, 2013 MAR p. 120, Eff. 2/1/13.

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