File No. 36975
This rule was published in the November 15, 2012, issue (Vol. 2012, No. 22) of the Utah State Bulletin.
Health, Family Health and Preparedness, Emergency Medical Services
Rule R426-2
Air Medical Service Rules
Notice of Proposed Rule
(Repeal and Reenact)
DAR File No.: 36975
Filed: 10/23/2012 11:08:38 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this filing is to fulfill the Governor's mandate for rule review and simplification.
Summary of the rule or change:
The rule change eliminates redundancy, provides sequential numbering, and reflects best practice updates for all aspects of the Emergency Medical Services Act (Title 26, Chapter 8a).
State statutory or constitutional authorization for this rule:
- Title 26, Chapter 8a
Anticipated cost or savings to:
the state budget:
No anticipated fiscal impact to the state budget because there are no changes in the rule requirements that are imposed by these amendments.
local governments:
No anticipated fiscal impact to local governments because there are no changes in the rule requirements that are imposed by these amendments.
small businesses:
No anticipated fiscal impact to small businesses because there are no changes in the rule requirements that are imposed by these amendments.
persons other than small businesses, businesses, or local governmental entities:
No anticipated fiscal impact to businesses because there are no changes in the rule requirements that are imposed by these amendments.
Compliance costs for affected persons:
No anticipated fiscal impact for affected persons because there are no changes in the rule requirements that are imposed by these amendments.
Comments by the department head on the fiscal impact the rule may have on businesses:
In response to the Governor's Executive Order to examine all administrative rules and reduce regulatory impact that may be inhibiting economic growth, the rules governing Emergency Medical Services providers are being repealed, simplified, and reenacted. Fiscal impact is expected to be positive for business as the requirements are streamlined and updated.
David Patton, PhD, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
HealthFamily Health and Preparedness, Emergency Medical Services
3760 S HIGHLAND DR
SALT LAKE CITY, UT 84106
Direct questions regarding this rule to:
- Guy Dansie at the above address, by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at [email protected]
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
12/17/2012
This rule may become effective on:
12/24/2012
Authorized by:
David Patton, Executive Director
RULE TEXT
R426. Health, Family Health and Preparedness, Emergency Medical Services.
[
R426-2. Air Medical Service Rules.
R426-2-1. Authority and Purpose.
(1) This Rule is established under Chapter 8, Title
26a.
(2) The purpose of this Rule is to set forth air
ambulance policies and rules and standards adopted by the Utah
Emergency Medical Services Committee which promote and protect
the health and safety of the people of this state.
R426-2-2. Requirements for Licensure.
(1) The Department may issue licenses and vehicle permits
to air medical services conforming to R426-2 for Advanced Life
Support Air Medical Service and for Specialized Life Support Air
Medical Service. A Specialized Life Support Air Medical Service
license must list, on the license, the specialities for which the
Specialized Life Support Air Medical Service is
licensed.
(2) A person may not furnish, operate, conduct, maintain,
advertise, or provide air medical transport services to patients
within the state or from within the state to out of state unless
licensed by the Department.
(3) An air medical service shall comply with all state
and federal requirements governing the specific vehicles utilized
for air medical transport services.
(4) An air medical service must provide air medical
services 24 hours a day, every day of the year as allowed by
weather conditions except when the service is committed to
another medical emergency or is unavailable due to maintenance
requirements.
(5) To become licensed as an air medical service, an
applicant must submit to the Department an application and
appropriate fees for an original license which shall include the
following:
(a) Certified Articles of Incorporation, if
incorporated.
(b) The name, address, and business type of the owner of
the air medical service or proposed air medical service.
(c) The name and address of the air ambulance operator(s)
providing air ambulance(s) to the service.
(d) The name under which the applicant is doing business
or proposes to do business.
(e) A statement summarizing the training and experience
of the applicant in the air transportation and care of
patients.
(f) A description and location of each dedicated and
back-up air ambulance(s) procured for use in the air medical
service, including the make, model, year of manufacture, FAA-N
number, insignia, name or monogram, or other distinguishing
characteristics.
(g) A copy of current Federal Aviation
Administration(FAA) Air Carrier Operating Certificate authorizing
FAR, Part 135, operations.
(h) A copy of the current certificate of insurance for
the air ambulance.
(i) A copy of the current certificate of insurance
demonstrating coverage for medical malpractice.
(j) The geographical service area, location and
description of the place or places from which the air ambulance
will operate.
(k) Name of the training officer responsible for the air
medical personnel continuing education.
(l) The name of the air medical service medical
director.
(m) A proposed roster of medical personnel which includes
level of certification or licensure.
(n) A statement detailing the level of care for which the
air medical service wishes to be licensed, either advanced or
specialized.
(6) Upon receipt of an appropriately completed
application for an air medical service license and submission of
license fees, the Department shall collect supporting
documentation and review each application. After review and
before issuing a license to a new air medical service, the
Department shall directly inspect the vehicle(s), the air medical
equipment, and required documentation.
(7) The Department shall issue an air medical service
license and air ambulance permit for a period of four years from
the date of issue and which shall remain valid for the period
unless revoked or suspended by the Department. The department may
conduct inspections to assure compliance.
(8) Upon change of ownership, an air medical service
license and air ambulance permit terminates and the new owner or
operator must file within ten business days of acquisition an
application for renewal of the air medical service license and
air ambulance permit.
(9) Air medical services must have an agreement to allow
hospital emergency department physicians, nurses, and other
personnel who participate in emergency medical services to fly on
air ambulances.
(10) Air medical services must provide reports to the
Department, for each mission made, on forms or a data format
specified by the Department.
(11) Effective July 1, 1998, successful completion of the
CAMTS certification process is required for licensure and
relicensure by the Department as an air medical service.
(a) Air medical services licensed under R426-2 as of July
1, 1997 must achieve CAMTS certification as of July 1, 1998, and
meet requirements of R426-2 for relicensure.
(b) Air medical services licensed under R426-2 after July
1, 1997 must submit an application for CAMTS certification within
one year of receiving a license under this rule.
R426-2-3. Personnel Requirements.
(1) Emergency Medical Technicians and Paramedics, when
responding to a medical emergency, shall display their
certification patch or identification card on outer clothing to
identify competency level at the scene.
(2) Air medical service providing basic life support must
have at least one medical attendant who is an Emergency Medical
Technician-Intermediate (EMT-I), EMT-Paramedic, Physician's
Assistant, Registered Nurse, or MD.
(3) Air medical services providing advanced life support
must have at least one medical attendant who is an EMT-P, PA, RN,
or MD. This attendant shall be the primary medical attendant. The
second medical attendant may be an EMT-P, PA, Respiratory
Therapist, RN, or MD.
(4) Air medical services providing specialized life
support must have at least one medical attendant who is a RN or
MD. This attendant shall be the primary medical attendant. The
second medical attendant may be an EMT-P, PA, RT, RN, or
MD.
(5) All Basic, Advanced, and Specialized Life Support
Medical Attendants must:
(a) Have a current CPR card or certificate meeting
standards approved by the Department.
(b) Have verification in the air medical service file of
initial and annual training in altitude physiology, safety,
stress management, infection control, hazardous materials,
survival training, disaster training, triage, and Utah emergency
medical system communications.
(c) Be knowledgeable in the application, operation, care,
and removal of all medical equipment used in the care of the
patient. The air medical personnel shall have a knowledge of
potential in-flight complications, which may arise from the use
of the medical equipment and it's in-flight capabilities and
limitations.
(d) Have available during transport, a current copy of
all written protocols authorized for use by the air medical
service medical director. Patient care shall be governed by these
authorized written protocols.
(6) Air medical services licensed for specialized life
support shall meet the following requirements:
(a) Maintain clinical competency by keeping a current
completion card in speciality education programs required by the
air medical service job description(e.g., American Heart
Association/American Academy of Pediatrics Neonatal Association
or Pediatric Advanced Life Support pertinent to appropriate
speciality).
(b) Attend continuing education for speciality care
providers that is specific and appropriate to the mission
statement and scope of care for air medical services.
(c) Annually demonstrate to the air medical service
medical director a knowledge and competency of specialized care
and treatment of patients.
(7) All air medical services shall have an air medical
service medical director who is a physician licensed in the state
in which the ground base is located for the air ambulance,
knowledgeable and responsible for the air medical care of
patients.
(8) The air medical service applicant shall provide in
writing to the Department the name of the air medical service
medical director. If the air medical service medical director is
replaced or removed, the air medical service shall notify the
Department within thirty days after the action.
(a) The air medical service medical director:
(i) Shall have initial and annual training in altitude
physiology, air ambulance safety, stress management, infection
control, hazardous materials, survival training, disaster
training, triage, and Utah emergency medical system
communications. The air medical service shall document this
training and make it available for inspection by the
Department.
(ii) Shall have a current completion card in Advanced
Cardiac Life Support according to the current standards of the
American Heart Association.
(iii) Shall have a current completion card in Advanced
Trauma Life Support according to the current standards of the
American College of Surgeons.
(iv) Shall have a current speciality education completion
card in Neonatal Resuscitation Program, Pediatric Advanced Life
Support, and other similar courses or equivalent education in
these areas.
(v) Shall have access to all specialty physicians as
consultants.
(b) It is the responsibility of the air medical director
to:
(i) Authorize written protocols for use by air medical
attendants and review policies and procedures of the air medical
service.
(ii) Develop and review treatment protocols, assess field
performance, and critique at least 10% of the air medical service
runs.
R426-2-4. Air Ambulance Vehicle Requirements.
(1) An air ambulance must have a permit from the
Department to operate in Utah. Each air ambulance shall carry a
decal showing the permit expiration date and permit number issued
by the Department as evidence of compliance with R426-2. The
permit holder shall meet all Federal Aviation Regulations
specific to the operation of the air medical service.
(2) All air medical services shall notify the Department
whenever the ground base location of a permitted vehicle is
permanently changed.
(3) Air ambulances shall be maintained in good mechanical
repair and sanitary condition on premises, properly equipped,
maintained , and operated to provide quality service.
(4) Air ambulance requirements are as follows:
(a) The air ambulance must have sufficient space to
accommodate at least one patient on a stretcher.
(b) The air ambulance must have sufficient space to
accommodate at least two medical attendant seats.
(c) The patient stretcher shall be FAA-approved. It must
be installed using the FAA 337 form or a "Supplemental Type
Certificate." The stretcher shall be of sufficient length
and width to support a patient in full supine position who is
ranked as a 95th percentile American male that is 6 feet tall and
weighing 212 pounds. The head of the stretcher shall be capable
of being elevated at least 30 degrees.
(d) The air ambulance doors shall be large enough to
allow a stretcher to be loaded without rotating it more than 30
degrees about the longitudinal roll axis, or 45 degrees about the
lateral pitch axis.
(e) The stretcher shall be positioned so as to allow the
medical attendants a clear view and access to any part of the
patient's body that may require medical attention.
Seat-belted medical attendants must have access to the
patient's head and upper body.
(f) The patient, stretcher, attendants, seats, and
equipment shall be so arranged as to not block the pilot, medical
attendants, or patients from easily exiting the air
ambulance.
(g) The air ambulance shall have FAA- approved two point
safety belts and security restraints adequate to stabilize and
secure any patient, patient stretcher, medical attendants,
pilots, or other individuals.
(h) The air ambulance shall have a temperature and
ventilation system for the patient treatment area.
(i) The patient area shall have overhead or dome lighting
of at least 40-foot candle at the patient level, to allow
adequate patient care. During night operations the pilot's
cockpit shall be protected from light originating from the
patient care area.
(j) The air ambulance shall have a self contained
interior lighting system powered by a battery pack or portable
light with a battery source.
(k) The pilots, flight controls, power levers, and radios
shall be physically protected from any intended or accidental
interference by patient, air medical personnel or equipment and
supplies.
(l) The patient must be sufficiently isolated from the
cockpit to minimize in-flight distractions and interference which
would affect flight safety.
(m) The interior surfaces shall be of material easily
cleaned, sanitized, and designed for patient safety. Protruding
sharp edges and corners shall be padded.
(n) Patients whose medical problems may be adversely
affected by changes in altitude may only be transported in a
pressurized air ambulance.
(o) The air medical service shall provide all medical
attendants with sound ear protectors sufficient to reduce
excessive noise pollution arising from the air ambulance during
flight.
(p) There shall be sufficient medical oxygen to assure
adequate delivery of oxygen necessary to meet the patient medical
needs and anticipated in-flight complications. The medical oxygen
must:
(i) be installed according to FAA regulation;
(ii) have an oxygen flow rate determined by in-line
pressure gauges mounted in the patient care area with each outlet
clearly identified and within reach of a seat-belted medical
attendant;
(iii) allow the oxygen flow to be stopped at or near the
oxygen source from inside the air ambulance;
(iv) have gauges that easily identify the quantity of
medical oxygen available;
(v) be capable of delivering fifteen liters/minute at
fifty psi;
(vi) have a portable oxygen bottle available for use
during patient transfer to and from the air ambulance;
(vii) have a fixed back-up source of medical oxygen in
the event of an oxygen system failure;
(viii) the oxygen flow meters shall be recessed, padded,
or by other means mounted to prevent injury to patients or
medical attendants; and
(ix) "No smoking" signs shall be prominently
displayed inside the air ambulance.
(q) The air ambulance electric power must be provided
through a power source capable to operate the medical equipment
and a back-up source of electric power capable of operating all
electrically powered medical equipment for one hour.
(r) The air ambulance must have at least two positive
locking devices for intravenous containers padded, recessed, or
mounted to prevent injury to air ambulance occupants. The
containers shall be within reach of a seat-belted medical
attendant.
(s) The air ambulance must be fitted with a metal hard
lock container, fastened by hard point restraints to the air
ambulance, or must have a locking cargo bay for all controlled
substances left in an unattended.
(t) An air ambulance shall have properly maintained
survival gear appropriate to the service area and number of
occupants.
(u) An air ambulance shall have an equipment
configuration that is installed according to FAA criteria and in
such a way that the air medical personnel can provide patient
care.
(v) The air ambulance shall be configured in such a way
that the air medical personnel have access to the patient in
order to begin and maintain basic and advanced life support
care.
(w) The air ambulance shall have space necessary to allow
patient airway maintenance and to provide adequate ventilatory
support from the secured, seat-belted position of the medical
personnel.
R426-2-5. Equipment Standards.
(1) Air ambulances must maintain minimum quantities of
supplies and equipment for each air medical transport as listed
in the document R426 Appendix in accordance with the air medical
service's licensure level. Due to weight and safety concerns
on specialized air transports, the air medical service medical
director shall insure that the appropriate equipment is carried
according to the needs of the patient to be transported. All
medications shall be stored according to manufacturer
recommendations.
(2) All medical equipment except disposable items, shall
be designed, constructed, and made of materials that under normal
conditions and operations, are durable and capable of
withstanding repeated cleaning.
(3) The equipment and medical supplies shall be
maintained in working condition and within legal
specifications.
(4) All non-disposable equipment shall be cleaned or
sanitized after each air medical transport.
(5) Medical equipment shall be stored and readily
accessible by air medical personnel.
(6) Before departing, the air medical personnel shall
notify the pilot of any add-on equipment for weight and balance
considerations.
(7) Physical or chemical restraints must be available and
used for combative patients who could possibly hurt themselves or
any other person in the air ambulance.
R426-2-6. Operational Standards.
(1) The pilot may refuse transport to any individual who
the pilot considers to be a safety hazard to the air ambulance or
any of its passengers.
(2) Records made for each trip on forms or data format
specified by the Department, and a copy shall remain at the
receiving facility for continuity of care.
(3) The air medical service must maintain a personnel
file for personnel which shall include their qualifications and
training.
(4) All air medical services must have an operational
manual or policy and procedures manual available for all air
medical personnel.
(5) All air medical service records shall be available
for inspection by representatives of the Department.
(6)(a) All air ambulances shall be equipped to allow air
medical service personnel to be able to:
(i) Communicate with hospital emergency medical
departments, flight operations centers, air traffic control,
emergency medical services, and law enforcement
agencies.
(ii) Communicate with other air ambulances while in
flight.
(b) The pilot must be able to override any radio or
telephonic transmission in the event of an emergency.
(7) The management of the air medical service shall be
familiar with the federal regulations related to air medical
services.
(8) Each air medical service must have a safety
committee, with a designated safety officer. The committee shall
meet at least quarterly to review safety issues and submit a
written report to the air medical service management and maintain
a copy on file at the air medical service office.
(9) All air medical service shall have a quality
management team and a program implemented by this team to assess
and improve the quality and appropriateness of patient care
provided by the air medical service.
R426-2-7. Statutory Penalties.
A person who violates this rule is subject to the
provisions of Title 26, Chapter 23.]
R426-2. Emergency Medical Services Provider Designations, Critical Incident Stress Management and Quality Assurance Reviews.
R426-2-100. Authority and Purpose.
This rule establishes: standards for the designation of emergency medical service providers;
criteria for critical incident stress management; and process for quality assurance reviews.
(2) The definitions in Title 26, Chapter 8a are adopted and incorporated by reference into this rule.
R426-2-200. Designation Types.
(1) An entity that responds to 911 EMS calls for assistance from the public,but that does not provide ambulance transport or paramedic service,shallobtain a designation from the Department as a quick response unit.
(2) An entity that desires to provide EMS stand-by service as defined in R426-1-200(19), but does not provide ambulance transport or paramedic service, shallobtain a designation from the Department as a quick response unit.
(3) An entity that accepts calls for 911 EMS assistance from the public, and dispatches emergency medical units or field EMS personnel must first obtain a designation from the Department as an emergency medical dispatch center.
(4) A hospital that provides on-line medical control for prehospital emergency medical care must first obtain a designation from the Department as a resource hospital.
R426-2-300. Service Levels.
A quick response unit may only operate and perform the skills at the service level at which it is designated. The Department may issue designations for the following types of service at the given levels: quick response unit;
(a) emergency medical responder;
(b) emergency medical technician; or
(c) advanced-emergency medical technician.
(2) emergency medical dispatch center; and
(3) resource hospital.
R426-2-400. Scope of Operations.
(1) A designated quick response unit may only provide service in its specific geographical service area except as provided by R426-3-800 Aid Agreements.
(2) A designated quick response unit may only provide emergency medical services for its category of designation that corresponds to the certification levels in R426-5.
R426-2-500. Quick Response Unit Minimum Designation Requirements.
A person requesting designation must meet the following minimum requirements:
(1) Have vehicle(s), equipment, and supplies that meet the requirements of R426-4-900 to carry out its responsibilities under its designation;
(2) Have location(s) for stationing its vehicle(s), equipment and supplies;
(3) Have a current dispatch agreement with a designated Emergency Medical Dispatch Center.
(4) Have a Department-certified training officer;
(5) Have a current plan of operations, which shall include:
(a) the names, EMS ID Number, and certification level of all personnel;
(b) operational procedures; and
(c) a description of how the designee proposes to interface with other EMS agencies;
(6) Have a current agreement with a Department-certified off-line medical director who will perform the following:
(a) develop and implement patient care standards which include written standing orders and triage, treatment, prehospital protocols, and/or pre-arrival instructions to be given by designated emergency medical dispatch centers;
(b) ensure the qualification of field EMS personnel involved in patient care and dispatch through the provision of ongoing continuing medical education programs and appropriate review and evaluation;
(c) develop and implement an effective quality improvement program, including medical audit, review, and critique of patient care;
(d) annually review triage, treatment, and transport protocols and update them as necessary;
(e) suspend from patient care, pending Department review, a field EMS personnel or dispatcher who does not comply with local medical triage, treatment and transport protocols, pre-arrival instruction protocols, or who violates any of the EMS rules, or who the medical director determines is providing emergency medical service in a careless or unsafe manner. The medical director must notify the Department within one business day of the suspension; and
(f) attend meetings of the local EMS Council, if one exists, to participate in the coordination and operations of local EMS providers.
(7) Have current treatment protocols approved by the agencies off-line medical director for the designated service level;
(8) Provide the Department with a copy of its certificate of insurance;
(9) Provide the Department with a letter of support from the licensed provider(s) in the geographical service area; and
(10) Not be disqualified for any of the following reasons:
(a) violation of Subsection 26-8a-504; or
(b) a history of disciplinary action relating to an EMS license, permit, designation or certification in this or any other state.
R426-2-600. Emergency Medical Dispatch Center Minimum Designation Requirements.
An emergency medical dispatch center must:
(1) Have in effect a selective medical dispatch system approved by the off-line medical directors and the Department, which includes:
(a) systemized caller interrogation questions;
(b) systemized pre-arrival instructions; and
(c) protocols matching the dispatcher's evaluation of injury or illness severity with vehicle response mode and configuration;
(2) Have a current updated plan of operations, which shall include:
(a) the names, training, and certification of Emergency Medical Dispatch personnel;
(b) operational procedures which at a minimum include
(i) a description of how the designee proposes to communicate with EMS agencies;
(ii) a copy of the disaster and disaster recovery plans.
(3) Have a current agreement with a Department-certified off-line medical director.
(4) Have an ongoing medical call review quality assurance program; and
(5) Provide pre-hospital arrival instructions by a certified Emergency Medical Dispatcher at all times.
R426-2-700. Resource Hospital Minimum Requirements.
A resource hospital must meet the following minimum requirements:
(1) be licensed in Utah or another state as a general acute hospital or be a Veteran's Administration hospital operating in Utah.
(2) have the ability to communicate with other EMS providers operating in the area.
(3) provide on-line medical control for all prehospital EMS providers who request assistance for patient care, 24 hours-a-day, seven days a week. A resource hospital must also:
(a) create and abide by written prehospital emergency patient care protocols for use in providing on-line medical control for prehospital EMS providers;
(b) train new staff on the protocols before the new staff is permitted to provide on-line medical control; and annually review with physician and nursing staff
(c) annually provide in-service training on the protocols to all physicians and nurses who provide on-line medical control; and
(d) make the protocols immediately available to staff for reference.
(4) The on-line medical control shall be by direct voice communication with a physician or a registered nurse or physician's assistant licensed in Utah who is in voice contact with a physician.
(5) A resource hospital must establish and actively implement a quality improvement process. This process will include:
(a) a medical control committee.
(i) the committee must meet at least quarterly to review and evaluate prehospital emergency runs, continuing medical education needs, and EMS system administration problems;
(ii) committee members must include an emergency physician representative, hospital nurse representative, hospital administration representative, and ambulance and emergency services representatives; and
(iii) the hospital must keep minutes of the medical control committee's meetings and make them available for Department review.
(b) the hospital must appoint a quality review coordinator for the prehospital quality improvement process.
(c) the hospital must cooperate with the prehospital EMS providers' off-line medical directors in the quality review process, including granting access to hospital medical records of patients served by the particular prehospital EMS provider.
(d) the hospital must assist the Department in evaluating EMS system effectiveness by submitting to the Department, in an electronic format specified by the Department, quarterly data specified by the Department.
R426-2-800. Designation Application.
An entity desiring a designation or a renewal of its designation shall submit:
(a) applicable fees and an application on Department-approved forms to the Department.
(b) documentation that it meets the minimum requirements for the designation listed in this rule.
(c) other information the Department determines to be necessary for processing the application and oversight of the designated entity and the following:
(2) Quick Response Unit;
(a) identifying information about the entity and its principals, if a resource hospital the name of the hospital;
(b) the name of the person or governmental entity financially and otherwise responsible for the service provided by the designee and documentation from that entity accepting the responsibility;
(c) identifying information about the entity that will provide the service and its principals;
(d) if the applicant is not a governmental entity, a statement of type of entity and certified copies of the documents creating the entity;
(e) a description of the geographical area that it will serve; and
(f) demonstrate a need for said service.
(3) Emergency Medical Dispatch Center;
(a) documentation of the on-going medical call review and quality assurance program; and
(b) documentation of any modifications to the medical dispatch protocols.
(4) Resource Hospital;
(a) the hospital's address;
(b) the name and phone number of the individual who supervises the hospital's responsibilities as a designated resource hospital.
R426-2-900. Criteria for Denial or Revocation of Designation.
(1) The Department may deny an application for a designation for any of the following reasons:
(a) failure to meet requirements as specified in the rules governing the service;
(b) failure to meet vehicle, equipment, or staffing requirements;
(c) failure to meet requirements for renewal or upgrade;
(d) conduct during the performance of duties relating to its responsibilities as an EMS provider that is contrary to accepted standards of conduct for EMS personnel described in Sections 26-8a-502 and 26-8a-504;
(e) failure to meet agreements covering training standards or testing standards;
(f) a history of disciplinary action relating to a license, permit, designation, or certification in this or any other state;
(g) a history of criminal activity by the licensee or its principals while licensed or designated as an EMS provider or while operating as an EMS service with permitted vehicles;
(h) falsifying or misrepresenting any information required for licensure or designation or by the application for either;
(i) failure to pay the required designation or permitting fees or failure to pay outstanding balances owed to the Department;
(j) failure to submit records and other data to the Department as required by statute or rule;
(k) misuse of grant funds received under Section 26-8a-207; and
(l) violation of OSHA or other federal standards that it is required to meet in the provision of the EMS service.
(2) An applicant who has been denied a designation may request a Department review by filing a written request for reconsideration within thirty calendar days of the issuance of the Department's denial.
R426-2-1000. Application Review and Award.
(1) If the Department finds that an application for designation is complete and that the applicant meets all requirements, it may approve the designation.
(2) Issuance of a designation by the Department is contingent upon the applicant's demonstration of compliance with all applicable rules and a successful Department quality assurance review.
(3) A designation may be issued for up to a four-year period. The Department may alter the length of the designation to standardize renewal cycles.
R426-2-1100. Change in Designated Service Level.
(1) A quick response unit may apply to provide a higher designated level of service by:
(a) submitting the applicable fees; and
(b) submitting an application on Department-approved forms to the Department.
(2) As part of the application, the applicant shall provide:
(a) a copy of the new treatment protocols for the higher level of service approved by the off-line medical director;
(b) an updated plan of operations demonstrating the applicant's ability to provide the higher level of service;
(c) a written assessment of the performance of the applicant's field performance by the applicant's off-line medical director; and
(d) provide the Department with a letter of support from the licensed provider(s) in the geographical service area.
(3) If the Department finds that the applicant has demonstrated the ability to provide the upgraded service, it shall issue a new designation reflecting the higher level of service.
R426-2-1200. Critical Incident Stress Management.
(1) The Department may establish a critical incident stress management (CISM) team to meet its public health responsibilities under Utah Code Section 26-8a-206.
(2) The CISM team may conduct stress debriefings and defusings upon request for persons who have been exposed to one or more stressful incidents in the course of providing emergency services.
(3) Individuals who serve on the CISM team must complete initial and ongoing training.
(4) While serving as a CISM team member, the individual is acting on behalf of the Department. All records collected by the CISM team are Department records. CISM team members shall maintain all information in strict confidence as provided in Utah Code Title 26, Chapter 3.
(5) The Department may reimburse a CISM team member for mileage expenses incurred in performing his or her duties in accordance with state finance mileage reimbursement policy.
R426-2-1300. Quality Assurance Reviews.
(1) The Department may conduct quality assurance reviews of licensed and designated organizations and training programs on an annual basis or more frequently as necessary to enforce this rule;
(2) The Department shall conduct a quality assurance review prior to issuing a new license or designation.
(3) The Department may conduct quality assurance reviews on all personnel, vehicles, facilities, communications, equipment, documents, records, methods, procedures, materials and all other attributes or characteristics of the organization, which may include audits, surveys, and other activities as necessary for the enforcement of the Emergency Medical Services System Act and the rules promulgated pursuant to it.
(a) The Department shall record its findings and provide the organization with a copy.
(b) The organization must correct all deficiencies within 30 days of receipt of the Department's findings.
(c) The organization shall immediately notify the Department on a Department-approved form when the deficiencies have been corrected.
R426-2-1400. Penalties.
As required by Subsection 63G-3-201(5): Any person that violates any provision of this rule may be assessed a civil money penalty as provided in Section 26-23-6 and/or revocation of designation.
KEY: emergency medical services
Date of Enactment or Last Substantive Amendment: [March 15, 2010]2012
Notice of Continuation: October 26, 2007
Authorizing, and Implemented or Interpreted Law: 26-8
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2012/b20121115.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Guy Dansie at the above address, by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at [email protected].