Ala. Admin. Code r. 420-2-1-.31

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-2-1-.31 - Complaint/Disciplinary Procedures

(1) The Board may investigate any complaint at the discretion of the State EMS Director, State EMS Medical Director, or their authorized representative.

(2) If the Board receives a verbal complaint of any matter relating to the regulation of provider services, EMSP, EMS education programs, or students, the complainant is deemed to have filed an informal complaint. Should the Board determine that a complaint is valid, the complaint then becomes formal and may warrant action pursuant to this chapter. The provider services, EMSP, EMS education programs, or students shall comply with any request for records from the OEMS within 3 business days from the date of request.

(3) If the Board receives a written and signed statement of any matter relating to the regulation of provider services, EMSP, EMS education programs, or students, the complainant is deemed to have filed a formal complaint. Within 10 days of receipt of the complaint, a designated representative of the Board shall inform the provider services, EMSP, EMS education programs, or students that a formal complaint has been filed. The personnel or organization shall be informed of the nature of the allegations made and the potential rule violation. The provider services, EMSP, EMS education programs, or students shall comply with any request for records from the OEMS within business days from the date of request.

(4) After the Board investigates a formal complaint, the Board shall render a written decision to all parties involved of its findings.

(5) The Board may issue a request for an interview with the provider services, EMSP, EMS education programs, or students if evidence indicates that grounds for action exist. The request shall state the date and time for the interview.

(6) If the Board determines that evidence warrants action or if the provider services, EMSP, EMS education programs, or students refuse to attend the interview, the OEMS Director shall institute formal proceedings and hold a hearing pursuant to § 22-18-6, Code of Ala. 1975.

(7) If the Board determines disciplinary action is appropriate, the Board may take action up to and including license revocation.

(8) Complaints against EMSP, applicants, or students, may be submitted if they:

(a) Do not meet or no longer meet the qualifications for licensure.

(b) Are guilty of misconduct as defined by these rules or have otherwise committed a serious and material violation of these rules.

(9) Hearings to suspend or revoke a license shall be governed by the Board's Rules for Hearing of Contested Cases, Chapter 420-1-3, Ala. Admin. Code.

Ala. Admin. Code r. 420-2-1-.31

New Rule: Filed September 20, 1996; effective October 24, 1996. Amended: Filed March 20, 2001; effective April 24, 2001. Repealed and New Rule: December 17, 2007; effective January 21, 2008. Repealed and New Rule: Filed April 20, 2011; effective May 25, 2011.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 06, March 31, 2017, eff. 4/30/2017.

Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 05, February 28, 2019, eff. 4/7/2019.

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 07, April 30, 2020, eff. 6/14/2020.

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 05, February 28, 2022, eff. 4/14/2022.

Rule 420-2-1-.17 was repealed as per certification Filed March 20, 2001; effective April 24, 2001. As a result of this Rule 420-2-1-.27 was renumbered to 420-2-1-.26. Rule 420-2-1-.26 was renumbered 420-2-1-.25 as per certification filed December 17, 2007; effective January 21, 2008. Rule .25 was renumbered to .30 as per certification filed April 20, 2011; effective May 25, 2011. Rule 420-2-1-.30 was renumbered 420-2-1-.31 as per certification Filed February 20, 2019; effective April 7, 2019.

Authors: William Crawford, M.D.; Stephen Wilson

Statutory Authority:Code of Ala. 1975, § 22-18-1, et seq.