Utah Admin. Code R911-5-1202 - Review and Investigation of Complaints and Referrals

(1) The bureau shall initiate an investigation when it receives credible information that a licensee or provider has:

(a) been arrested or engaged in conduct in violation of Subsection R911-5-1300(6);

(b) engaged in conduct in violation of Title 53, Chapter 2d, Emergency Medical Services Act;

(c) refused to submit to a drug test requested by the EMS provider or the bureau;

(d) failed to report within seven business days by an individual or any affiliated provider pursuant to Subsections R911-5-1300(13) and R911-5-1300(14);

(e) failed to comply with the training, licensing, or relicensing requirements for the license;

(f) failed to comply with the EMS curriculum, training standards, or the bureau's agreement as an EMS educator, EMS instructor, a training officer, or a course coordinator;

(g) engaged in conduct that may endanger public health, safety, erode public trust, or compromise professional integrity;

(h) engaged in a relationship that creates a conflict of interest, compromises the integrity of the educational environment or EMS profession, or in which the respondent holds an evaluative or supervisory role;

(i) engaged in any form of harassment, bullying, or retaliatory behavior;

(j) engaged in fraud or deceit in applying for, obtaining, or renewing a license;

(k) engaged in fraud, deceit, lack of professional competency, patient abuse, or theft in the performance of duties;

(l) provided false or misleading information or failure to disclose criminal background information during an investigation or a board proceeding;

(m) engaged in unauthorized administration, use, or removal of narcotics, medications, supplies, or equipment;

(n) aided, encouraged, or performed procedures or skills beyond the level of an individual's EMS licensure or provider's licensure;

(o) been found to be mentally incompetent as determined by a court of competent jurisdiction;

(p) demonstrated inability and failure to perform adequate patient care;

(q) been determined to be unable to act with reasonable skill and safety because of illness, or as a result of any other mental or physical condition, when the individual's condition demonstrates a clear and unjustifiable threat or potential threat to oneself, coworkers, or the public health, safety, or welfare that cannot be reasonably mitigated;

(r) misrepresentation the individual's level of licensure;

(s) failed to display a clearly identifiable level of EMS licensure upon demand;

(t) engaged in unsafe, unnecessary, or improper operation of an emergency vehicle that would likely cause concern or create a danger to the general public; or

(u) engaged in improper or unnecessary use of emergency equipment.

(2) A person seeking to file a complaint against a respondent may be asked to sign a written statement detailing the incident, and swearing to the accuracy of the statement, after being advised that providing a false statement may result in prosecution.

(3) The bureau may conduct interviews, gather evidence, which may include requiring the respondent to submit to a drug or alcohol screening or any other appropriate evaluation. The bureau shall allow the respondent an opportunity to provide supporting witnesses and evidence.

(4)

(a) If a respondent under investigation is employed as an EMS personnel or provider, the bureau shall notify the respondent's employer and entities with whom the respondent is affiliated in connection with their EMS licensure concerning the complaint or investigation, unless the nature of the complaint would make such a course of action impractical.

(b) If the bureau determines an individual's license should be restricted at any time during the investigation:

(i) the bureau shall notify both the individual and each licensed, designated agency, or employer the individual is affiliated with; and

(ii) the bureau has sole discretion in determining what information may be disclosed to the individual, and each employer or agency, based on:

(A) the nature of the investigation; and

(B) if disclosure will interfere with the investigation or result in retaliation against any witness.

(c) The bureau, employer, and individual shall confer and determine reasonable terms and conditions restricting the individual's duties under their license pending final outcome of the complaint or investigation.

(i) If terms and conditions of restriction are agreed upon between the parties, the individual and each employer or agency shall be provided a written agreement of restrictions;

(ii) the agreement shall include terms and conditions to be followed until the resolution of any criminal charge or the final outcome of an investigation; and

(iii) if the individual violates the terms and conditions, the individual's license shall be immediately suspended by the bureau.

(d) If the individual is not employed or affiliated with an agency, or if terms and conditions are not agreed upon, the bureau has sole discretion to restrict the individuals license as necessary to protect the public's interest.

(5) Once the investigation is concluded, the bureau shall determine whether there is sufficient evidence to proceed with an adjudicative proceeding.

(6) The bureau may immediately suspend a respondent's license, certification, or endorsement as provided in Section 63G-4-502 if the bureau identifies any of the following:

(a) the respondent demonstrates a threat to themselves or to a coworker;

(b) the respondent demonstrates a threat to the public health; or

(c) the respondent demonstrates a threat to the safety or welfare of the public.

(7) If the bureau determines there is insufficient evidence to find that a respondent engaged in conduct in violation of this rule or Title 53, Chapter 2d, Emergency Medical Services Act, the bureau shall issue a letter to the respondent indicating that the investigation has been concluded and that the bureau is taking no action.

(8)

(a) If the bureau determines there is sufficient evidence to find that a respondent engaged in conduct in violation of this rule or Title 53, Chapter 2d, Emergency Medical Services Act, the bureau shall issue a written notice of agency action to the respondent in accordance with Section 63G-4-201.

(b) The notice shall include:

(i) the bureau's recommended discipline; and

(ii) notice of the next scheduled board meeting.

(c) The bureau shall notify the provider of the respondent of the issuance of the notice of agency action.

Notes

Utah Admin. Code R911-5-1202

Adopted by Utah State Bulletin Number 2025-12, effective 6/10/2025