Md. Code Regs. 30.02.05.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 30.02.05.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Case resolution conference" means a committee established in MIEMSS composed of one EMS Board member, an assistant attorney general, and MIEMSS staff which is available to a respondent as a means to explore the possibility of a consent order or other resolution of a matter before the EMS Board on a voluntary, informal, and confidential basis.

(2) "Complaint" means a written report prepared for the provider review panel by the incident review committee based on an incident report which sets forth information which the incident review committee considers necessary to a proper review by the provider review panel and final action by the EMS Board.

(3) "Disposition agreement" means a formal agreement, which may be nonpublic, in which a respondent agrees to comply with certain conditions and the EMS Board foregoes further investigation or other action.

(4) Incident Report.

(a) "Incident report" means a written allegation that an individual has committed an act or acts which violate Education Article, § 13-516, Annotated Code of Maryland, or the regulations adopted under it.

(b) "Incident report" includes:

(i) Notification that an applicant for a license or certificate or a renewal is alleged to have committed an act or acts which violate Education Article, § 13-516, or the regulations adopted under it;

(ii) A law enforcement report;

(iii) A report from a hospital or other medical facility;

(iv) A report from another country, state, the armed services of the United States, a unit of State government, or a unit of local government;

(v) A consumer complaint;

(vi) A news article, report, or media tape;

(vii) A malpractice claim;

(viii) A Maryland Ambulance Information System runsheet; or

(ix) Other information, from any source, that warrants investigation.

(5) "Incident review committee" means a committee established in MIEMSS and composed of the State EMS Medical Director or designee, an assistant attorney general, and MIEMSS staff, including staff investigators, which acts on incident reports.

(6) "Noncompliance notice" means a written notice of EMS Board action issued by the EMS Board to a respondent alleged to have committed an act or acts which violate Education Article, § 13-516, Annotated Code of Maryland, or the regulations adopted under it, which sets forth:

(a) The act or acts alleged;

(b) The reason for the action;

(c) The statutory or regulatory basis for the action;

(d) The right of the respondent to request a hearing within 30 days of receipt of the noncompliance notice;

(e) Notice that, if a hearing is not requested or if a hearing is requested and the respondent does not appear, the EMS Board will take the proposed action which is final and binding on the respondent; and

(f) Further information as State Government Article, § 10-207, Annotated Code of Maryland, may require.

(7) "Provider review panel" means the body created by Education Article, § 13-516(e), Annotated Code of Maryland, and Regulation .14 of this chapter.

(8) "Respondent" means an individual against whom action is contemplated by the EMS Board.

Md. Code Regs. 30.02.05.02