Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 132 - Emergency Medical Services-service Program Authorization › Rule 641-132.5 - Complaints and Investigations-denial, Citation and Warning, Probation, Suspension or Revocation of Service Program Authorization or Renewal

Current through Register Vol. 47, No. 3, July 24, 2024
(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.