DAR File No. 43881

This rule was published in the August 1, 2019, issue (Vol. 2019, No. 15) of the Utah State Bulletin.


Health, Family Health and Preparedness, Emergency Medical Services

Rule R426-2

Emergency Medical Services Provider Designations for Pre-Hospital Providers, Critical Incident Stress Management and Quality Assurance Reviews

Notice of Proposed Rule

(Amendment)

DAR File No.: 43881
Filed: 07/11/2019 08:39:31 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of these amendments is to include designation requirements for nonemergency secured behavioral health transport, and to add peer support training approval for the Critical Incident Stress Management Team.

Summary of the rule or change:

These amendments add new statutory requirements consistent with Title 26, Chapter 8a, by including designation requirements for nonemergency secured behavioral health providers. The designation requirements include the application criteria. The amendments also add requirements for peer support training as a part of the Critical Incident Stress Management functions. The authority for the peer support training approval is found in Section 78B-5-902.

Statutory or constitutional authorization for this rule:

  • Title 26 Chapter 8a
  • Section 78B-5-902

Anticipated cost or savings to:

the state budget:

These proposed rule amendments are not expected to have any fiscal impact on state government revenues or expenditures because new designation application reviews and vehicle inspections are cost neutral since fees are charged for staff time. Peer support training approval does not significantly impact staff time or resources.

local governments:

These proposed rule amendments are not expected to have any fiscal impact on local governments' revenues or expenditures. These amendments may actually provide a small fiscal benefit for licensed ambulance providers in rural areas by allowing an alternative mode of behavioral health patient transport that has lower operational expenses than an ambulance. Peer support training is voluntary. Costs would only be incurred if a local government chooses to train staff and develop a program.

small businesses:

A possible fiscal cost may result to the 17 small businesses in Utah that currently transport qualified behavioral health patients. The fiscal cost would be estimated to be $135 for designation application fees and $100 per permitted vehicle inspection fees. It is assumed that each small business would permit two vehicles. The cost in fees would be 17 providers X $335 = $5,695. Staff training is estimated to cost $300 per employee. An estimate of four employees per small business would be needed. The cost in staff training would be estimated at 17 X 4 X $300 = $20,400. A total cost would be $26,095.

persons other than small businesses, businesses, or local governmental entities:

A fiscal benefit may be incurred due to lower operational costs for transporting behavioral health patients who do not require an ambulance. A fiscal cost may be incurred to licensed ambulance providers due to a decrease in lower volume of transports where a designated nonemergency secured behavioral health transporter is providing an alternative mode of transportation.

Compliance costs for affected persons:

Compliance costs for affected behavioral persons would be reduced in cases when a transport by a nonemergency secured behavioral health patient transport is less expensive than an ambulance. Hospitals typically pay for these types of transports.

Comments by the department head on the fiscal impact the rule may have on businesses:

These proposed amendments add designation requirements and application criteria for nonemergency secured behavioral health providers in accordance with statutory changes. They also add requirements for peer support training as part of the Critical Incident Stress Management functions. The proposed fiscal impact would increase fees for small businesses and increase the cost of training to approximately $300 per year, however, it may result in lower operational costs for transporting behavioral health patients who do not required an ambulance. These proposed amendments will increase the cost of businesses who provide these services and decrease the volume or transport provided by ambulance service providers but will lower transportation costs for providers and increase the business of nonemergency secured behavioral health transport providers.

Joseph K. Miner, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Health
Family 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 gdansie@utah.gov

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:

09/03/2019

This rule may become effective on:

09/10/2019

Authorized by:

Joseph Miner, Executive Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2020

FY 2021

FY 2022

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$26,095

$26,095

$26,095

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$26,095

$26,095

$26,095





Fiscal Benefits




State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0





Net Fiscal Benefits:

- $26,095

- $26,095

- $26,095

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There is one non-small business in the specialty needs transportation industry in question (NAICS 485991) in Utah. This data was obtained from jobs.utah.gov on Firm Finder. This business was directly contacted, and they do not directly own specialty needs vehicles. All of their specialty needs transports are subcontracted with local small businesses. The small business subcontractors providing the actual transportation will be required to pay a $135 designation fee per business and a $100 permit fee per vehicle.

 

 

R426. Health, Family Health and Preparedness, Emergency Medical Services.

R426-2. Emergency Medical Services Provider Designations for Pre-Hospital Providers, Critical Incident Stress Management and Quality Assurance Reviews.

R426-2-100. Authority and Purpose.

(1) This rule establishes types of providers that require a designation, the application process for a obtaining a designation and minimum designation requirements.

(2) The rule also establishes criteria for critical incident stress management and the process for quality assurance reviews.

 

R426-2-200. EMS Provider Designation Types.

(1) The following type of provider shall obtain a designation from the Department:

(a) Quick Response Unit[.];

(b) Emergency Medical Service Dispatch Center[.]; or

(c) Nonemergency Secured Behavioral Health Transport.

 

R426-2-300. Quick Response Unit Minimum Designation Requirements.

(1) A quick response unit shall meet the following minimum designation requirements:

(a) vehicle(s), equipment, and supplies that meet Department requirements;

(b) describe location(s) for stationing its vehicle(s), equipment and supplies;

(c) a current dispatch agreement with a designated Emergency Medical Service Dispatch Center;

(d) a Department-[certified]endorsed training officer;

(e) a current plan of operations, which shall include:

(i) the names, EMS ID Number, and license level of all personnel;

(ii) operational procedures; and

(iii) a description of how the designated provider proposes to interface with other licensed and designated EMS providers.

(f) A current agreement with a Department-certified off-line medical director who will perform the following:

(i) develop and implement patient care standards which include written standing orders and triage, treatment, pre-hospital protocols, and/or pre-arrival instructions to be given by designated emergency medical dispatch centers;

(ii) ensure the qualification of field licensed EMS personnel involved in patient care and dispatch through the provision of ongoing continuing medical education programs and appropriate review and evaluation;

(iii) develop and implement an effective quality improvement program, including medical audit, review, and critique of patient care;

(iv) annually review triage, treatment, and transport protocols and update them as necessary;

(v) 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.

(vi) notify the Department within one business day of any imposed suspensions; and

(vii) attend meetings of the local EMS Council, if one exists, to participate in the coordination and operations of local EMS providers.

(g) Have current treatment protocols approved by the certified off-line medical director for the designated service level;

(h) provide the Department with a copy of its certificate of insurance;

(i) provide the Department with a letter of support from the licensed ambulance provider(s) in the geographical service area; and

(j) not be disqualified for reasons including:

(i) violation of Subsection 26-8a-504; or

(ii) a history of disciplinary action relating to an EMS license, permit, designation or certification in this or any other state.

 

R426-2-400. Emergency Medical Service Dispatch Center Minimum Designation Requirements.

(1) Have in effect a selective medical dispatch system approved by the off-line medical director which includes:

(a) systemized caller interrogation questions;

(b) systemized pre-arrival instructions;

(c) protocols matching the dispatcher's evaluation of injury or illness severity with vehicle response mode and configuration;

(d) use protocols matching the dispatcher's evaluation of injury or illness severity with vehicle response mode and configuration;

(e) provide pre-hospital arrival instructions by a licensed Emergency Medical Dispatcher;

(f) have a current updated plan of operations including:

(i) plan of operations to be used in a disaster or emergency;

(ii) communication systems; and

(iii) aid agreements with other designated medical service dispatch centers;

(g) a current agreement with a Department-certified off-line medical director;

(h) an ongoing medical call review quality assurance program; and

(i) a licensed emergency medical dispatcher roster including licensed staff names, Department license numbers and expiration dates, and dispatch system training certification number and expiration dates.

 

R426-2-500. Nonemergency Secured Behavioral Health Transport Minimum Designation Requirements.

(1) Vehicle(s), equipment, and supplies that meet the current requirements of the Department for designated nonemergency secured behavioral health transport providers as found on the Bureau of EMS and Preparedness' website.

(2) Meet staffing requirements as set forth by the EMS Committee. During transport each designated nonemergency secured behavioral health transport vehicle shall be staffed with two personnel, with at least one who has obtained required training as approved by Department policy for mental health patient de-escalation and American Heart Association cardiopulmonary resuscitation or equivalent.

 

R426-2-[500]600. Designation Applications.

(1) Any person applying for designation shall submit to the Department:

(a) Applications fees.

(b) Complete application on Department approved forms.

(c) Documentation verifying that the provider meets the minimum requirements for the designation.

(2) The Department may determine if clarifying information is needed for approval or processing. The Department will provide needed requirements to the applicant.

(3) A provider applying for re-designation should submit an application as described above 90 days prior to the expiration of its designation in order to avoid a lapsed period of time.

(4) A designation may be issued for up to a four-year period.

 

R426-2-[600]700. Quick Response Unit Designation Applications.

(1) A Quick Response Unit shall provide:

(a) name of the organization and its principles;

(b) name of the person or organization financially responsible for the service and documentation from that entity accepting responsibility;

(c) if the applicant is privately owned, they shall submit certified copies of the document creating the entity;

(d) a description of the geographical area of service; and

(e) a demonstrated need for the service.

 

R426-2-[700]800. Emergency Medical Service Dispatch Center Designation Applications.

(1) An Emergency Medical Service Dispatch Center shall provide:

(a) name of the organization and its principles;

(b) name of the person or organization financially responsible for the service provided by the designee and documentation from that entity accepting responsibility;

(c) if the applicant is privately owned, they shall submit certified copies of the document creating the entity;

(d) a description of the geographical area of service; and

(e) a demonstrated need for the service.

 

R426-2-900. Nonemergency Secured Behavioral Health Transport Designation Applications.

(1) A designated nonemergency secured behavioral health transport provider shall provide to the Department:

(a) name of the organization and its principles;

(b) name of the person or organization financially responsible for the service and documentation from that entity accepting responsibility; and

(c) if the applicant is privately owned, they shall submit certified copies of the document creating the entity.

(2) Provide a current plan of operations, which shall include:

(a) a description of operational procedures;

(b) description(s) of how the designated non-emergency secured behavioral health transport will interface with hospitals, emergency receiving facilities, licensed mental health facilities, and EMS providers;

(c) a list of current insurance carriers and health facilities in which the designated provider has current contracts;

(d) written policies that address under what circumstances a transport will be declined for medical or payment purposes;

(e) a written protocol to activate 911 if an emergency medical situation arises; and

(f) procedures for patient care.

(3) Provide a written policy of how the designated nonemergency secured behavioral health transport will report patient care data to the Department.

(4) Provide a copy of its certificate of insurance or if seeking application, provide proof of the ability to obtain insurance to respond to damages due to operation of a vehicle in the and following minimum amounts:

(a) liability insurance in the amount of $1,000,000 for each individual claim; and

(b) liability insurance in the amount of $1,000,000 for property damage from any one occurrence.

(5) A designated nonemergency secured behavioral health transport provider shall obtain the insurance from an insurance company authorized to write liability coverage in Utah or through a self-insurance program and shall:

(a) provide the Department with a copy of its certificate of insurance demonstrating compliance with this section;

(b) direct the insurance carrier or self-insurance program to notify the Department of all changes in insurance coverage within 60 days; and

(c) provide the Department with a copy of its certificate of insurance indicating coverage at or above $1,000,000 for liability.

(6) Prior to approval of the designation, all vehicles will be inspected and permitted by the Department and shall meet the requirements in R426-4-300(5).

(7) 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-[800]1000. 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 licensed or designated provider 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-[900]1100. Application Review and Approval.

(1) If the Department finds that an application for designation is complete and that the applicant meets all requirements, it may approve the designation.

 

R426-2-[1000]1200. Change in Designated [Service ]Level of Service.

(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-[1100]1300. Critical Incident Stress Management and Peer Support Training.

(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 Department's CISM team may conduct stress debriefings, defusings, demobilizations, education, and other critical incident stress interventions upon request for persons who have been exposed to one or more stressful incidents in the course of providing emergency services.

(3) The Department's CISM team may assist the Department in approving peer support training for licensed EMS personnel.

[(3)](4) Individuals who serve on the CISM team shall complete Department approved initial and ongoing training.

[(4)](5) 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)](6) The Department may reimburse a CISM team member for travel expenses incurred in performing his or her duties in accordance with state finance mileage reimbursement policy.

(7) The Department will maintain a list of individuals who have successfully completed an approved peer support training program.

(8) Individuals who perform peer support functions may receive legal protections to not be compelled to disclose information as described in Utah Code Section 78B-5 Part 9.

(9) Individuals who perform peer support functions for a licensed or designated EMS provider should be familiar with peer support policies for the licensed or designated EMS provider with whom they are employed or otherwise serving.

 

R426-2-[1200]1400. Quality Assurance Reviews.

(1) The Department may conduct quality assurance reviews of licensed and designated providers 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 designated provider.

(a) The Department will provide a written copy to the designated provider.

(b) The designated provider shall correct deficiencies within 30 days unless otherwise directed by the Department.

(c) The designated provider shall immediately notify the Department on a Department-approved form when the deficiencies have been corrected.

 

KEY: emergency medical services

Date of Enactment or Last Substantive Amendment: [ January 11, ]2019

Notice of Continuation: October 9, 2018

Authorizing, and Implemented or Interpreted Law: 26-8a


Additional Information

More information about a Notice of Proposed Rule is available online.

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/2019/b20190801.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 gdansie@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.