Iowa Admin. Code r. 641-132.5 - Complaints and investigations-denial, citation and warning, probation, suspension or revocation of service program authorization or renewal
(1) All complaints
regarding the operation of authorized emergency medical care service programs,
or those purporting to be or operating as the same, shall be reported to the
department. The address is: Iowa Department of Public Health, Bureau of
Emergency and Trauma Services, Lucas State Office Building, Des Moines, Iowa
50319-0075.
(2) Complaints and the
investigative process will be treated as confidential in accordance with Iowa
Code section
22.7 and chapter
272C. An emergency medical care provider who has knowledge of an emergency
medical care provider, service program or training program that has violated
Iowa Code chapter 147A or these rules shall report such information to the
department within 30 days following knowledge of the violation.
(3) Service program authorization may be
denied, issued a civil penalty not to exceed $1,000, issued a citation and
warning, placed on probation, suspended, revoked, or otherwise disciplined by
the department in accordance with Iowa Code section
147A.5(3)
for any of the following reasons:
a. Knowingly allowing the falsifying of a
patient care report (PCR).
b.
Failure to submit required reports and documents.
c. Delegating professional responsibility to
a person when the service program knows that the person is not qualified by
training, education, experience or certification to perform the required
duties.
d. Practicing, condoning,
or facilitating discrimination against a patient, student or employee based on
race, ethnicity, national origin, color, sex, sexual orientation, age, marital
status, political belief, religion, mental or physical disability diagnosis, or
social or economic status.
e.
Knowingly allowing sexual harassment of a patient, student or employee. Sexual
harassment includes sexual advances, sexual solicitations, requests for sexual
favors, and other verbal or physical conduct of a sexual nature.
f. Failure or repeated failure of the
applicant or alleged violator to meet the requirements or standards established
pursuant to Iowa Code chapter 147A or the rules adopted pursuant to that
chapter.
g. Obtaining or attempting
to obtain or renew or retain service program authorization by fraudulent means
or misrepresentation or by submitting false information.
h. Engaging in conduct detrimental to the
well-being or safety of the patients receiving or who may be receiving
emergency medical care.
i. Failure
to correct a deficiency within the time frame required by the
department.
j. Engaging in any
conduct that subverts or attempts to subvert a department
investigation.
k. Failure to comply
with a subpoena issued by the department or failure to cooperate with an
investigation of the department.
l.
Failure to comply with the terms of a department order or the terms of a
settlement agreement or consent order.
m. Knowingly aiding, assisting or advising a
person to unlawfully practice EMS.
n. Acceptance of any fee by fraud or
misrepresentation.
o. Repeated
failure to comply with standard precautions for preventing transmission of
infectious diseases as issued by the Centers for Disease Control and Prevention
of the United States Department of Health and Human Services.
p. Violating privacy and confidentiality. A
service program shall not disclose or be compelled to disclose patient
information unless disclosure is required or authorized by law.
q. Practicing emergency medical services or
using a designation of certification or otherwise holding itself out as
practicing emergency medical services at a certain level of authorization when
the service program is not authorized at such level.
r. Failure to respond within 30 days of
receipt, unless otherwise specified, of communication from the department which
was sent by registered or certified mail.
(4) The department shall notify the applicant
of the granting or denial of authorization or renewal, or shall notify the
alleged violator of action to issue a citation and warning, place on probation
or suspend or revoke authorization or renewal pursuant to Iowa Code sections
17A.12
and
17A.18. Notice of
issuance of a denial, citation and warning, probation, suspension or revocation
shall be served by restricted certified mail, return receipt requested, or by
personal service.
(5) Any requests
for appeal concerning the denial, citation and warning, probation, suspension
or revocation of service program authorization or renewal shall be submitted by
the aggrieved party in writing to the department by certified mail, return
receipt requested, within 20 days of the receipt of the department's notice.
The address is: Iowa Department of Public Health, Bureau of Emergency and
Trauma Services, Lucas State Office Building, Des Moines, Iowa 50319-0075. If
such a request is made within the 20-day time period, the notice shall be
deemed to be suspended. Prior to or at the hearing, the department may rescind
the notice upon satisfaction that the reason for the denial, citation and
warning, probation, suspension or revocation has been or will be removed. After
the hearing, or upon default of the applicant or alleged violator, the
administrative law judge shall affirm, modify or set aside the denial, citation
and warning, probation, suspension or revocation. If no request for appeal is
received within the 20-day time period, the department's notice of denial,
citation and warning, probation, suspension or revocation shall become the
department's final agency action.
(6) Upon receipt of an appeal that meets
contested case status, the appeal shall be forwarded within five working days
to the department of inspections and appeals pursuant to the rules adopted by
that agency regarding the transmission of contested cases. The information upon
which the adverse action is based and any additional information which may be
provided by the aggrieved party shall also be provided to the department of
inspections and appeals.
(7) The
hearing shall be conducted according to the procedural rules of the department
of inspections and appeals found in 481-Chapter 10.
(8) When the administrative law judge makes a
proposed decision and order, it shall be served by restricted certified mail,
return receipt requested, or delivered by personal service. That proposed
decision and order then becomes the department's final agency action without
further proceedings ten days after it is received by the aggrieved party unless
an appeal to the director is taken as provided in 132.5(9).
(9) Any appeal to the director for review of
the proposed decision and order of the administrative law judge shall be filed
in writing and mailed to the director by certified mail, return receipt
requested, or delivered by personal service within ten days after the receipt
of the administrative law judge's proposed decision and order by the aggrieved
party. A copy of the appeal shall also be mailed to the administrative law
judge. Any request for an appeal shall state the reason for appeal.
(10) Upon receipt of an appeal request, the
administrative law judge shall prepare the record of the hearing for submission
to the director. The record shall include the following:
a. All pleadings, motions, and
rules.
b. All evidence received or
considered and all other submissions by recording or transcript.
c. A statement of all matters officially
noticed.
d. All questions and
offers of proof, objections, and rulings thereon.
e. All proposed findings and exceptions.
f. The proposed decision and order
of the administrative law judge.
(11) The decision and order of the director
becomes the department's final agency action upon receipt by the aggrieved
party and shall be delivered by restricted certified mail, return receipt
requested, or by personal service.
(12) It is not necessary to file an
application for a rehearing to exhaust administrative remedies when appealing
to the director or the district court as provided in Iowa Code section
17A.19. The
aggrieved party to the final agency action of the department who has exhausted
all administrative remedies may petition for judicial review of that action
pursuant to Iowa Code chapter 17A.
(13) Any petition for judicial review of a
decision and order shall be filed in the district court within 30 days after
the decision and order becomes final. A copy of the notice of appeal shall be
sent to the department by certified mail, return receipt requested, or by
personal service. The address is: Bureau of Emergency and Trauma Services, Iowa
Department of Public Health, Lucas State Office Building, Des Moines, Iowa
50319-0075.
(14) The party who
appeals a final agency action to the district court shall pay the cost of the
preparation of a transcript of the contested case hearing for the district
court.
(15) Final decisions of the
department relating to disciplinary proceedings may be transmitted to the
appropriate professional associations, the news media or employer.
(16) This rule is not subject to waiver
pursuant to 641-Chapter 178 or any other provision of law.
(17) Emergency adjudicative proceedings.
a. Necessary emergency action. To the extent
necessary to prevent or avoid immediate danger to the public health, safety, or
welfare, and consistent with the Constitution and other provisions of law, the
department may issue a written order in compliance with Iowa Code section
17A.18 to suspend an
authorization in whole or in part, order the cessation of any continuing
activity, order affirmative action, or take other action within the
jurisdiction of the department by emergency adjudicative order.
b. Before issuing an emergency adjudicative
order, the department shall consider factors including, but not limited to, the
following:
(1) Whether there has been a
sufficient factual investigation to ensure that the department is proceeding on
the basis of reliable information;
(2) Whether the specific circumstances which
pose immediate danger to the public health, safety or welfare have been
identified and determined to be continuing;
(3) Whether the program required to comply
with the emergency adjudicative order may continue to engage in other
activities without posing immediate danger to the public health, safety or
welfare;
(4) Whether imposition of
monitoring requirements or other interim safeguards would be sufficient to
protect the public health, safety or welfare; and
(5) Whether the specific action contemplated
by the department is necessary to avoid the immediate danger.
c. Issuance of order.
(1) An emergency adjudicative order shall
contain findings of fact, conclusions of law, and policy reasons to justify the
determination of an immediate danger in the department's decision to take
immediate action. The order is a public record.
(2) The written emergency adjudicative order
shall be immediately delivered to the service program that is required to
comply with the order by utilizing one or more of the following procedures:
1. Personal delivery.
2. Certified mail, return receipt requested,
to the last address on file with the department.
3. Fax. Fax may be used as the sole method of
delivery if the service program required to comply with the order has filed a
written request that agency orders be sent by fax and has provided a fax number
for that purpose.
(3) To
the degree practicable, the department shall select the procedure for providing
written notice that best ensures prompt, reliable delivery.
(4) Unless the written emergency adjudicative
order is provided by personal delivery on the same day that the order issues,
the department shall make reasonable immediate efforts to contact by telephone
the service program that is required to comply with the order.
(5) After the issuance of an emergency
adjudicative order, the department shall proceed as quickly as feasible to
complete any proceedings that would be required if the matter did not involve
an immediate danger.
(6) Issuance
of a written emergency adjudicative order shall include notification of the
date on which department proceedings are scheduled for completion. After
issuance of an emergency adjudicative order, continuance of further department
proceedings to a later date will be granted only in compelling circumstances
upon application in writing unless the service program that is required to
comply with the order is the party requesting the continuance.
Notes
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