reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.02 - Licensure and Certification › Section 30.02.02.12 - Denials

Current through Register Vol. 51, No. 14, July 12, 2024
A. The EMS Board may deny a license or certificate to an individual who has engaged in prohibited conduct under COMAR 30.02.04.
B. Any proceedings concerning a complaint of misconduct by an applicant shall be in accordance with COMAR 30.02.05 and 30.02.06.
C. Procedures for Denial.
(1) The EMS Board shall deny a license or certificate to individuals failing to submit the documentation or meet the standards and requirements established by statute or regulation for the licensing or certification of an EMS provider.
(2) The EMS Board may delegate its functions under this section to MIEMSS.
(3) Notice of denial of an application for initial licensure, certification, renewal or reinstatement of licensure or certification, or reciprocal licensure or certification under this section shall be sent to the applicant by first class mail at the address provided by the applicant on the application.
(4) The denial notice shall inform the applicant of the:
(a) Basis for the denial;
(b) Applicant's right to request a hearing on the denial; and
(c) Procedures for requesting a hearing.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.02 - Licensure and Certification › Section 30.02.02.13 - Requirements for Individuals with a Provisional License or Certificate to Obtain a Full License or Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. A holder of a provisional EMS license or certificate issued pursuant to either the Executive Order Augmenting the Emergency Medical Services Workforce (Order Number 20-03-19-03) under authority of the Proclamation of March 5, 2020, as extended from time to time, in which the Governor of Maryland proclaimed that a state of emergency and catastrophic health emergency existed within the entire State of Maryland in an effort to control and prevent the spread of COVlD-19, or the Executive Order Augmenting the Emergency Medical Services Workforce (Order Number 22-01-04-02) under authority of the Proclamation of January 4, 2022, as extended from time to time, in which the Governor of Maryland proclaimed that a state of emergency and catastrophic health emergency existed within the entire State of Maryland in an effort to control and. prevent the spread of COElD-19, shall receive a license or certificate under Education Article, §
									13-516, Annotated Code of Maryland, provided the holder submits an application and completes the requirements set forth below within the required time frame and provided the holder does not have a pending disciplinary matter or is otherwise subject to denial. During the required time frame, the holder will remain provisionally licensed or certified and may continue to practice EMS. If the holder fails to submit an application or complete the requirements within the required time frame, the provisional certificate or license will expire.
B. Emergency Medical Technician.
(1) Provisional EMT Certification Obtained as a Student.
(a) A provisional EMT who obtained provisional EMT certification as a student shall complete the requirements of Regulation .03D of this chapter by May 11, 2022, if the provisional EMT certification was received prior to August 12, 2021, or by November 30, 2022, if the provisional EMT certification was received after January 4, 2022.
(b) A provisional EMT who obtained provisional EMT certification as a student and who was affiliated with an EMS operational program and provided EMS during the catastrophic health emergency shall have met the requirement to complete an internship under Regulation .03D(2) of this chapter.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.03 - Scope of Practice and Duties › Section 30.02.03.01 - Scope of Practice

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this regulation, an EMS provider shall provide emergency medical services in accordance with the "Maryland Medical Protocols for EMS Providers".
B. The following EMS providers shall provide emergency medical services in accordance with the procedures indicated in this section:
(1) An EMD shall provide emergency medical dispatch services in accordance with the curriculum and protocols approved by the EMS Board for the EMD program with which the EMD is affiliated;
(2) An emergency medical responder not utilizing an AED shall provide emergency medical services in accordance with the emergency medical responder curriculum approved by the EMS Board; and
(3) An emergency medical responder utilizing an AED shall provide emergency medical services in accordance with the emergency medical responder curriculum approved by the EMS Board and the portions of the "Maryland Medical Protocols for EMS Providers" concerning use of an AED.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.03 - Scope of Practice and Duties › Section 30.02.03.02 - Limitations upon Delegation

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation governs the delegation of medical duties by a physician to an EMS provider while providing emergency medical services.
B. An EMS provider shall accept only that delegation which is in accordance with the regulations of the EMS Board.
C. Except as provided by standing orders consistent with the "Maryland Medical Protocols for EMS Providers", an EMS provider may not accept physician delegation of the:
(1) Ultimate responsibility for diagnosis or therapy; and
(2) Duty of independently administering or dispensing drugs.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.04 - Prohibited Conduct › Section 30.02.04.01 - Prohibited Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
The following conduct is prohibited:
A. Fraudulently or deceptively obtaining or attempting to obtain a certificate or license for oneself or for another;
B. Fraudulently or deceptively using a certificate or license;
C. Engaging in unprofessional or immoral conduct while providing emergency medical services;
D. Being adjudicated incompetent;
E. Abandoning a patient;
F. Habitual intoxication;
G. Addiction to or abuse of any narcotic or controlled dangerous substance as defined in Criminal Law Article, Annotated Code of Maryland, or abusing any other drug or substance in a manner that is harmful;
H. Providing emergency medical services while:
(1) Under the influence of alcohol, or
(2) Using any narcotic or controlled dangerous substance, as defined in Criminal Law Article, Annotated Code of Maryland, that is in excess of therapeutic amounts or without valid medical indication;
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.04 - Prohibited Conduct › Section 30.02.04.02 - Actions Taken as a Result of Prohibited Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
Subject to the hearing provisions of Education Article, §
									13-516, Annotated Code of Maryland, and this chapter, the EMS Board may take the following actions against an EMS provider or an applicant who has engaged in prohibited conduct:
A. Reprimand or place an EMS provider on probation;
B. Suspend or revoke the license or certificate of an EMS provider;
C. Deny a license or certificate to an applicant; or
D. Refuse to renew an applicant's license or certificate.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.05 - Disciplinary Procedures › Section 30.02.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs procedures for disciplinary, licensing, and certification matters concerning EMS providers, applicants, and individuals providing emergency medical services without a license or certificate.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.05 - Disciplinary Procedures › Section 30.02.05.03 - Investigation of Incident Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. An incident review committee investigator shall initially investigate each incident report. Upon completion of the investigation, as may be required, the incident review committee investigator shall refer the incident report, together with the results of the investigation, to the other members of the incident review committee.
B. If the incident report warrants summary action in the case of an EMS provider, the investigator shall promptly refer the incident report to the incident review committee for summary action under COMAR 30.02.07 pending further action under this regulation.
C. If the incident report warrants immediate action in the case of an individual providing emergency medical services without a license or certificate, the investigator shall promptly refer the incident report to the EMS Board which may seek injunctive relief from a court of competent jurisdiction. If the EMS Board elects to issue a cease and desist order, it shall issue a noncompliance notice and proceed under Regulation .05 of this chapter.
D. The incident review committee shall:
(1) Review each incident report referred to it by the investigator together with the investigation results; and
(2) Conduct further investigation as may be required.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.05 - Disciplinary Procedures › Section 30.02.05.04 - Review by the Provider Review Panel

Current through Register Vol. 51, No. 14, July 12, 2024
Upon review of each complaint referred to it by the incident review committee and any written statement provided by the respondent, the provider review panel shall recommend to the EMS Board any further action it considers necessary based upon the patient care and any allegations of misconduct.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.05 - Disciplinary Procedures › Section 30.02.05.05 - Action by the EMS Board

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon review of the complaint and any recommendations of the provider review panel together with the results of any investigations and any further inquiry the EMS Board may require, the EMS Board may:
(1) Dismiss the complaint;
(2) Request that the respondent enter into a disposition agreement with the EMS Board; or
(3) Issue a noncompliance notice.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.05 - Disciplinary Procedures › Section 30.02.05.06 - Case Resolution Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. After service of the noncompliance notice and upon receipt of a request for a hearing, the EMS Board shall offer the respondent an opportunity to resolve the matter through a case resolution conference.
B. If the matter is resolved through a case resolution conference, the EMS Board and the respondent shall enter into a disposition agreement setting forth the terms and conditions of the resolution.
C. If a resolution is not achieved after opportunity for a case resolution conference, the matter shall proceed to hearing.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.05 - Disciplinary Procedures › Section 30.02.05.07 - Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except to the extent provisions of this chapter specifically provide for a different procedure, the hearing shall be conducted under the procedures set forth in COMAR 30.02.06.
B. At least 6 members of the EMS Board shall be present for EMS Board hearings under this chapter.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.05 - Disciplinary Procedures › Section 30.02.05.08 - EMS Board Action

Current through Register Vol. 51, No. 14, July 12, 2024
A. The EMS Board shall issue a final decision based on its findings of fact and conclusions of law upon:
(1) Receipt of the decision of the administrative law judge and upon the conclusion of the exception process provided in COMAR 30.02.06.22, if any exceptions are filed; or
(2) The conclusion of the hearing before the EMS Board, if the matter is heard by the EMS Board.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.05 - Disciplinary Procedures › Section 30.02.05.09 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. A respondent may seek judicial review of the EMS Board's final decision under State Government Article, §
									10-222, Annotated Code of Maryland.
B. The EMS Board shall be party to the proceeding.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.05 - Disciplinary Procedures › Section 30.02.05.10 - Subpoenas

Current through Register Vol. 51, No. 14, July 12, 2024
A. At any stage of investigation and at any hearing, the EMS Board may issue a subpoena requiring a person to:
(1) Testify under oath;
(2) Answer interrogatories under oath;
(3) Produce documents and tangible things; or
(4) Permit inspection and copying of documents.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.05 - Disciplinary Procedures › Section 30.02.05.11 - Oaths

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Chair of the EMS Board, the Executive Director of MIEMSS, the Chair of the provider review panel, and the State EMS Medical Director may administer oaths in connection with any investigation or hearing under this subtitle.
B. If an individual, without lawful excuse, disobeys an order by the EMS Board to testify or answer a question, the EMS Board may apply to a court of competent jurisdiction for punishment for contempt.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.05 - Disciplinary Procedures › Section 30.02.05.12 - Representation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The respondent may appear in proper person or be represented by counsel admitted to practice in Maryland in any matter before the EMS Board and during any stage of the proceedings.
B. An assistant attorney general shall present:
(1) Evidence at evidentiary hearings; and
(2) Arguments before the EMS Board.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.05 - Disciplinary Procedures › Section 30.02.05.13 - Licensure and Certification Pending EMS Board Action

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless the EMS Board agrees to accept the surrender of a license or certificate, a holder of a license or certificate may not surrender the license or certificate.
B. A license or certificate may not lapse by operation of law while:
(1) The holder of the license or certificate is under investigation; or
(2) Charges are pending against the holder of the license or certificate.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.05 - Disciplinary Procedures › Section 30.02.05.14 - Provider Review Panel

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provider review panel consists of 11 voting members appointed by the EMS Board and 2 nonvoting members.
B. Appointed Members.
(1) Provider Representatives.
(a) Eight of the appointed members shall be licensed or certified emergency medical service providers who are actively providing emergency medical services at the time of their appointment.
(b) In appointing the provider representatives, the EMS Board shall give consideration to providing for reasonable representation from throughout the State.
(c) Three of these members shall be members of a governmental fire, rescue, or emergency medical services company.
(d) Three of these members shall be members of a volunteer fire, rescue, or emergency services company.
(e) One of these members shall be an employee of a commercial ambulance service.
(f) One of these members shall be an emergency medical dispatcher.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.05 - Disciplinary Procedures › Section 30.02.05.15 - Right of Entry

Current through Register Vol. 51, No. 14, July 12, 2024
A duly authorized agent or investigator of the Board may enter, at any reasonable hour, a place of business of a licensed or certified emergency medical services provider or public premises if the entry is necessary to carry out a duty under this regulation or under Education Article, §
									13-516, Annotated Code of Maryland.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.05 - Disciplinary Procedures › Section 30.02.05.16 - Confidentiality and Admissibility of Proceedings, Records, and Files

Current through Register Vol. 51, No. 14, July 12, 2024
A. The incident review committee, the case review committee, the provider review panel, the case resolution conference, and, in connection with a disciplinary matter other than a hearing and the issuance of a final decision, the EMS Board, are medical review committees and committees in MIEMSS under Health Occupations Article, §
									1-401, Annotated Code of Maryland, and, except for formal noncompliance notices or as otherwise provided by law, their proceedings, records, and files are confidential, nondiscoverable, and nonadmissible as provided in Health Occupations Article, §§
									1-401 and  14-506, Annotated Code of Maryland.
B. To the extent possible, even after a final decision is entered by the EMS Board, the parties shall refrain from revealing legal documents, oral statements, or information that would reveal the identity of any patients referenced in the final decision.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter contains procedures for administrative hearings concerning the licensure, certification, or discipline of EMS providers, applicants, and unlicensed or uncertified individuals before the EMS Board.
B. A hearing concerning summary suspensions shall be in accordance with COMAR 30.02.07.
C. A hearing before an administrative law judge of the Office of Administrative Hearings shall be conducted in accordance with the rules of procedure of the Office of Administrative Hearings in COMAR 28.02.01, and this chapter. To the extent that this chapter conflicts with COMAR 28.02.01, this chapter prevails.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administrative law judge" has the meaning stated in COMAR 28.02.01.02.
(2) "Party" means an individual or agency, including the EMS Board, named in an administrative proceeding before the EMS Board.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.03 - Delegation of Hearing Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. The EMS Board may delegate authority to conduct a hearing to the Office of Administrative Hearings in accordance with State Government Article, §
									10-205(a), Annotated Code of Maryland.
B. Scope of Delegation. The EMS Board may delegate authority to the Office of Administrative Hearings to issue proposed findings of fact, proposed conclusions of law, or a proposed disposition.
C. Authority to Revoke Delegation. The EMS Board may revoke all or part of a delegation of authority to hear a contested case.
D. Criteria for Revocation. The EMS Board may revoke all or part of a delegation to the Office of Administrative Hearings if the case may:
(1) Involve novel or unanticipated factual or legal issues;
(2) Have significant social or fiscal consequences;
(3) Involve policy issues of general applicability; or
(4) Be likely to have precedential value.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.04 - Request for Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. A written request for a hearing shall be filed with MIEMSS not later than 30 days from the date of the notice of the action.
B. A request for a hearing is considered filed on the earlier of the date the request is postmarked or when actually received by MIEMSS.
C. The request shall include the following:
(1) The name, mailing address, and telephone number of the person filing the request and the person's attorney, if any;
(2) The action, sanction, decision, or order being contested; and
(3) A brief statement of the basis for the request for hearing and other information required by law.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.05 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
The EMS Board or Office of Administrative Hearings, as appropriate, shall give written notice of the hearing of a contested case to the respondent in accordance with State Government Article, §
									10-208, Annotated Code.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.06 - Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless otherwise required by law, service of the following documents shall be made by personal delivery, by certified mail, or by regular mail:
(1) Notice of the hearing;
(2) Default orders;
(3) Prehearing orders;
(4) Final decisions;
(5) Exceptions to proposed decisions; and
(6) Appeals of final decisions.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.07 - Representation

Current through Register Vol. 51, No. 14, July 12, 2024
The respondent may appear in proper person or be represented by counsel who is authorized to practice law in Maryland.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.08 - Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
A. Not later than 20 days before the scheduled hearing, each party shall provide all other parties with a list of all witnesses, including expert witnesses, who are expected to testify for that party at the hearing.
B. With respect to any matter which is relevant to the subject matter of the hearing and which is not privileged or otherwise nondiscoverable, a party, by written request served upon all other parties and filed with the EMS Board or Office of Administrative Hearings, as appropriate, not later than 30 days before the scheduled hearing, may require any other party to:
(1) Produce within 15 days, for inspection or copying, any file, memorandum, correspondence, document, expert report, object, or tangible thing; and
(2) Respond to not more than 15 interrogatories, which will be counted separately irrespective of the manner in which they are grouped, combined, or arranged.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.09 - Prehearing Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. The EMS Board or the administrative law judge, as appropriate, may hold a prehearing conference to resolve matters preliminary to the hearing.
B. The EMS Board or the administrative law judge, as appropriate, may require the parties to submit information before the prehearing conference.
C. The EMS Board or the administrative law judge, as appropriate, may order that each party make available to the other parties the names and written reports of experts and other witnesses the party expects to call as well as copies of the documents that will be used for direct examination during the hearing. Failure to comply in good faith with this order is grounds to refuse to admit:
(1) A report of that expert; or
(2) Any document not furnished to the other parties.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.10 - Stipulations and Affidavits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Stipulations.
(1) The parties, by stipulation, may agree to any substantive or procedural matter.
(2) A stipulation may be filed in writing or entered on the record at the hearing.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.11 - Subpoenas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Issuance of Subpoenas. In addition to any authority to issue subpoenas in COMAR 30.02.05.10, upon the request of a party, the EMS Board or Office of Administrative Hearings, as appropriate, may issue subpoenas requiring the attendance and testimony of witnesses and production of documents or tangible items at any hearing.
B. Request for Subpoenas.
(1) A request for issuance of a subpoena shall:
(a) Be made in writing to the EMS Board or Office of Administrative Hearings, as appropriate; and
(b) State:
(i) The name and address of the individual to be subpoenaed,
(ii) If production of documents or tangible items is sought, a particular description of the documents or tangible items sought, and
(iii) The name, address, and telephone number of the party requesting the subpoena; and
(c) Be mailed to each party.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.12 - Motions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Process.
(1) Unless otherwise provided by this chapter, a party:
(a) May move for appropriate relief before or during a hearing; and
(b) Shall submit all motions in writing in accordance with §A(2) of this regulation, or orally at a hearing.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.13 - Conduct of Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. On a genuine issue in a contested case, each party is entitled to:
(1) Call witnesses;
(2) Offer evidence, including rebuttal evidence;
(3) Cross-examine opposing witnesses; and
(4) Make opening and closing statements.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.14 - Evidence

Current through Register Vol. 51, No. 14, July 12, 2024
A. Evidence shall be admitted in accordance with this chapter and State Government Article, §
									10-213, Annotated Code of Maryland.
B. Evidence may not be excluded solely on the grounds that it is hearsay.
C. Exclusion of Witnesses.
(1) Upon request by a party, the EMS Board or the administrative law judge, as appropriate, may exclude witnesses other than parties from the hearing room.
(2) The EMS Board or the administrative law judge, as appropriate, may order the witnesses, parties, attorneys, and all others present in the hearing room not to disclose to any witness excluded under this section the nature, substance, or purpose of testimony, exhibits, or other evidence introduced during the witness' absence.
(3) An expert witness who is to render an opinion based on testimony given at the hearing may remain during the testimony.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.15 - Expert Testimony

Current through Register Vol. 51, No. 14, July 12, 2024
Expert testimony may be accepted by the EMS Board or the administrative law judge, as appropriate, if the testimony, as proffered, would aid in an understanding of the case.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.16 - Appointment of Interpreter

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a party or witness cannot readily hear, speak, or understand the spoken or written English language, on motion timely submitted, the EMS Board or the administrative law judge, as appropriate, shall appoint a qualified interpreter to provide assistance during the hearing.
B. An interpreter shall take an oath or affirmation that the interpreter will accurately translate.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.17 - Failure to Attend Hearing and Default

Current through Register Vol. 51, No. 14, July 12, 2024
A. If, after receiving notice, a party fails to attend a prehearing conference, hearing, or other scheduled proceeding, the EMS Board may issue a final decision or the administrative law judge may issue a proposed decision, as appropriate, against the defaulting party.
B. Within 7 days after service of a default order, the party may file a written motion:
(1) Requesting that the default order be vacated or modified; and
(2) Stating the grounds for the request.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.18 - Burdens of Going Forward and Persuasion

Current through Register Vol. 51, No. 14, July 12, 2024
A. In any proceeding under this chapter, the EMS Board bears the burden of going forward to establish a prima facie case as to the existence of grounds for its action.
B. In a proceeding following notice by the EMS Board that the EMS Board intends to suspend or revoke a certificate or license, the EMS Board bears the burden or persuasion that the certificate or license should be revoked or suspended.
C. In a proceeding to issue an order for sanctions, the EMS Board bears the burden of persuasion that the order be issued.
D. In a proceeding following notice that the EMS Board intends to deny licensure or certification or renewal of a license or certificate, the individual has the burden of persuasion that the license or certificate should be issued or renewed.
E. The EMS Board or the administrative law judge, as appropriate, shall find against a party with the burden of:
(1) Going forward if that party has not presented sufficient evidence to establish a prima facie case for the party's claim or defense; or
(2) Persuasion if that party has not presented evidence sufficient to establish the correctness of the party's claim or defense by a preponderance of the evidence.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.19 - Record of Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. The EMS Board or the Office of Administrative Hearings, as appropriate, shall prepare an official record of each hearing.
B. The record shall consist of:
(1) Any document giving rise to the proceeding;
(2) Any request for the hearing;
(3) Notices of all proceedings;
(4) Any prehearing order;
(5) Motions, pleadings, briefs, petitions, requests, and intermediate rulings;
(6) Evidence received or considered;
(7) A statement of each fact officially noticed;
(8) Proffers of proof, objections, and rulings on them;
(9) Proposed and final findings of fact, conclusions of law, and requested orders;
(10) Matters placed on the record after an ex parte communication;
(11) A recording of the hearing, any transcript of the recording, or any transcript prepared by a court reporting service; and
(12) Any order.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.20 - Ex Parte Communications

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party or a party's representative may not communicate ex parte with members of the EMS Board or an administrative law judge regarding the merits of any issue in the hearing.
B. Members of the EMS Board may communicate with:
(1) MIEMSS staff or the Office of Administrative Hearings staff who otherwise do not participate in the contested case; or
(2) Any counsel for the EMS Board who otherwise does not participate in the contested case.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.21 - Transcripts, Costs

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hearing shall be recorded by tape recording.
B. Transcript. If a party requests a transcript of the hearing, the requesting party shall bear the cost of transcription.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.22 - Proposed Orders; Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In any matter which has been delegated to the Office of Administrative Hearings, the administrative law judge shall issue proposed findings of fact and conclusions of law and a proposed decision which shall be served upon the parties.
B. In any matter which has been delegated to the Office of Administrative Hearings, the parties may file exceptions with the EMS Board within 20 days of receiving the proposed decision. A response to the exceptions may be filed within 15 days from the filing of the exceptions. If either party orders a transcript of the hearing before the Office of Administrative Hearings within 10 days of receiving the proposed decision, the time for filing exceptions is automatically extended to 20 days from the date the transcript is received.
C. The exceptions or response shall:
(1) Contain the legal and factual basis for the exceptions or response; and
(2) Be accompanied by copies of any portions of the record referred to in the exceptions.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.23 - Final Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. In any matter which has been delegated to the Office of Administrative Hearings after considering the record and any exceptions, the EMS Board by majority vote of those present shall:
(1) Adopt the proposed decision as the final decision of the agency;
(2) Modify the proposed findings of fact, proposed conclusions of law, or proposed disposition, in whole or in part, and then adopt the modified proposed decision as the final decision of the agency;
(3) Reverse the proposed decision and issue its own findings of fact, conclusions of law, or order; or
(4) Remand the matter for further proceedings.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.24 - Reconsideration

Current through Register Vol. 51, No. 14, July 12, 2024
In the event of fraud, mistake, or irregularity, a final decision may be reconsidered and corrected at any time.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.06 - Hearings › Section 30.02.06.25 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A party who is aggrieved by a final decision is entitled to judicial review in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The EMS Board shall be a party to the proceeding.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.07 - Summary Suspension of License or Certification › Section 30.02.07.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs summary procedures for suspending an EMS provider license or certificate to protect the public health, safety, or welfare.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.07 - Summary Suspension of License or Certification › Section 30.02.07.02 - Summary Action

Current through Register Vol. 51, No. 14, July 12, 2024
A. State Government Article, § 10-266(c), Annotated Code of Maryland, governs summary suspension of a license or certificate.
B. If the incident review committee finds, based on information gathered during an investigation, that the public health, safety, or welfare imperatively requires emergency action pending further action under COMAR 30.02.05:
(1) The incident review committee shall notify the chair of the provider review panel, the State EMS Medical Director, the Executive Director of MIEMSS, and the Chair of the EMS Board, or their designees, of that finding on an expedited basis; and
(2) Upon the recommendation of the Chair of the provider review panel or the Chair's designee and the recommendation of the State EMS Medical Director or the Director's designee and upon any further inquiry as they may require, the license or certification of an EMS provider may be summarily suspended pending further action under COMAR 30.02.05.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.07 - Summary Suspension of License or Certification › Section 30.02.07.03 - Procedure for Summary Suspension after Notice and an Opportunity To Be Heard

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Executive Director of MIEMSS or the Director's designee and the Chair of the EMS Board or the Chair's designee shall issue a written summary suspension notice to the respondent that:
(1) Includes the proposed summary suspension order which shall state the:
(a) Statutory and regulatory authority upon which it is based,
(b) Facts upon which it is based, and
(c) Summary action which is to be taken;
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.07 - Summary Suspension of License or Certification › Section 30.02.07.04 - Procedure for Summary Suspension before Notice and an Opportunity To Be Heard

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Executive Director of MIEMSS or the Director's designee and the Chair of the EMS Board or the Chair's designee, after consultation with the EMS Board's counsel, may order immediate suspension of a license or certification before notice and the opportunity for a hearing if:
(1) They determine that the health, safety, and welfare of the public or the respondent imperatively requires immediate suspension;
(2) The respondent is provided the opportunity for a summary suspension hearing within 5 business days of notice of the summary suspension; and
(3) Notice of the summary suspension and the summary suspension order is served on the respondent as soon as reasonably practical.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.07 - Summary Suspension of License or Certification › Section 30.02.07.05 - Representation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The respondent may appear in proper person or be represented by counsel admitted to practice in Maryland in any matter before the EMS Board and during any stage of the proceedings.
B. An assistant attorney general shall present the case.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.07 - Summary Suspension of License or Certification › Section 30.02.07.06 - Summary Suspension Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a respondent requests a summary suspension hearing, the hearing shall be held within 5 business days of the receipt of the summary suspension notice by the respondent unless all parties agree to a later hearing date. The Executive Director of MIEMSS shall give all parties notice of the summary suspension hearing date and other information as required by State Government Article, §
									10-208, Annotated Code of Maryland.
B. The summary suspension hearing shall be conducted by:
(1) The Executive Director of MIEMSS or in the absence of the Executive Director of MIEMSS, the State EMS Medical Director; or in the absence of both the Executive Medical Director of MIEMSS and the State EMS Medical Director, the administrative officer of MIEMSS; and
(2) The Chair of the EMS Board or, in the absence of the Chair of the EMS Board, some other member of the EMS Board.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.07 - Summary Suspension of License or Certification › Section 30.02.07.08 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. A respondent who has exhausted the administrative remedies under this chapter may seek judicial review of EMS Board action under State Government Article, §
									10-222, Annotated Code of Maryland.
B. The EMS Board shall be a party to the proceeding.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.07 - Summary Suspension of License or Certification › Section 30.02.07.09 - Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as otherwise provided in this chapter, notice shall be by certified and regular mail.
B. Notice to an EMS provider shall be mailed to:
(1) The address the EMS provider maintains for purposes of licensure or certification notice; or
(2) Any other last known address.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 02 - EMERGENCY MEDICAL SERVICES PROVIDERS › Chapter 30.02.07 - Summary Suspension of License or Certification › Section 30.02.07.10 - Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
Summary suspension proceedings are subject to the confidentiality provisions of this chapter and COMAR 30.02.05.16.
Code of Maryland Regulations › Title 30 - MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) › Subtitle 03 - EMS OPERATIONAL PROGRAMS › Chapter 30.03.02 - Jurisdictional EMS Operational Programs › Section 30.03.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Jurisdictional EMS operational programs shall be approved by the EMS Board under this chapter.
B. Commercial services shall be licensed under COMAR 30.09.