Chief Sponsor: Daniel McCay

Senate Sponsor: Aaron Osmond


9     General Description:
10          This bill amends the Utah Emergency Medical Services System Act in the Utah Health
11     Code.
12     Highlighted Provisions:
13          This bill:
14          ▸     requires the Department of Health to establish a peer review board for emergency
15     medical service personnel certified by the department;
16          ▸     requires administrative rulemaking; and
17          ▸     provides that the peer review board shall advise the department regarding
18     disciplinary procedures and actions involving emergency medical service personnel.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          26-8a-105, as last amended by Laws of Utah 2013, Chapter 350
26          26-8a-503, as last amended by Laws of Utah 2008, Chapter 382

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 26-8a-105 is amended to read:
30          26-8a-105. Department powers.
31          The department shall:
32          (1) coordinate the emergency medical services within the state;
33          (2) administer this chapter and the rules established pursuant to it;
34          (3) establish a voluntary task force representing a diversity of emergency medical
35     service providers to advise the department and the committee on rules; [and]
36          (4) establish an emergency medical service personnel peer review board to advise the
37     department concerning discipline of emergency medical service personnel under this chapter;
38          [(4)] (5) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
39     Rulemaking Act, to:
40          (a) license ambulance providers and paramedic providers;
41          (b) permit ambulances and emergency medical response vehicles, including approving
42     an emergency vehicle operator's course in accordance with Section 26-8a-304;
43          (c) establish:
44          (i) the qualifications for membership of the peer review board created by this section;
45          (ii) a process for placing restrictions on a certification while an investigation is
46     pending;
47          (iii) the process for the investigation and recommendation by the peer review board;
48     and
49          (iv) the process for determining the status of a license or certification while a peer
50     review board investigation is pending;
51          [(c)] (d) establish application, submission, and procedural requirements for licenses,
52     designations, certificates, and permits; and
53          [(d)] (e) establish and implement the programs, plans, and responsibilities as specified
54     in other sections of this chapter[.]; and
55          (6) report to the Legislature's Health and Human Services Interim Committee on or
56     before July 15, 2015, regarding rules developed under Subsection (5)(c).
57          Section 2. Section 26-8a-503 is amended to read:
58          26-8a-503. Discipline of emergency medical services personnel.

59          (1) The department may refuse to issue a certificate or renewal, or revoke, suspend,
60     restrict, or place on probation an individual's certificate if:
61          (a) the individual does not meet the qualifications for certification under Section
62     26-8a-302;
63          (b) the individual has engaged in conduct, as defined by committee rule, that:
64          (i) is unprofessional;
65          (ii) is adverse to the public health, safety, morals, or welfare; or
66          (iii) would adversely affect public trust in the emergency medical service system;
67          (c) the individual has violated Section 26-8a-502 or other provision of this chapter;
68          (d) a court of competent jurisdiction has determined the individual to be mentally
69     incompetent for any reason; or
70          (e) the individual is unable to provide emergency medical services with reasonable
71     skill and safety because of illness, drunkenness, use of drugs, narcotics, chemicals, or any other
72     type of material, or as a result of any other mental or physical condition, when the individual's
73     condition demonstrates a clear and unjustifiable threat or potential threat to oneself, coworkers,
74     or the public health, safety, or welfare that cannot be reasonably mitigated.
75          (2) (a) An action to revoke, suspend, restrict, or place a certificate on probation shall be
76     done in:
77          (i) consultation with the peer review board created in Section 26-8a-105; and
78          (ii) accordance with Title 63G, Chapter 4, Administrative Procedures Act.
79          (b) Notwithstanding Subsection (2)(a), the department may issue a cease and desist
80     order under Section 26-8a-507 to immediately suspend an individual's certificate pending an
81     administrative proceeding to be held within 30 days if there is evidence to show that the
82     individual poses a clear, immediate, and unjustifiable threat or potential threat to the public
83     health, safety, or welfare.
84          (3) An individual whose certificate has been suspended, revoked, or restricted may
85     apply for reinstatement of the certificate at reasonable intervals and upon compliance with any
86     conditions imposed upon the certificate by statute, committee rule, or the terms of the
87     suspension, revocation, or restriction.
88          (4) In addition to taking disciplinary action under Subsection (1), the department may
89     impose sanctions in accordance with Section 26-23-6.

Legislative Review Note
     as of 1-20-15 11:37 AM

Office of Legislative Research and General Counsel