Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 163 - BUREAU OF EMERGENCY MEDICAL SERVICES (MAINE EMS) › Chapter 12 - PROCEDURES FOR LICENSING ACTIONS AND BOARD ACTIONS › Section 163-12-1 - Disciplinary Actions

Current through 2024-29, July 17, 2024
1. Investigation of
				Complaints The Board, its subcommittee or staff shall investigate complaints in
				accordance with
				32 M.R.S.
				§90-A(1).
2. Notice of Complaints and Response
A. Notice
The Board or staff shall notify an individual or organization
				  of the content of a complaint filed against the individual or organization not
				  later than 60 days after receipt of the initial pertinent information, in
				  accordance with
				  32 M.R.S.
				  §90-A(2). Notice shall
				  be in writing. Service of the notice is complete upon mailing to the party, the
				  party's attorney, or upon in-hand delivery to the party or the party's office
				  in accordance with
				  5 M.R.S.
				  §8051(2).
B. Response
If the licensee wishes to contest the complaint or dispute
				  the information that forms the basis of the complaint, the licensee must
				  respond to the Board in writing. For this response to be considered timely, it
				  must be received by Maine EMS within thirty (30) days of receipt of the Board's
				  notice in accordance with
				  32 M.R.S.
				  §90-A(2). Service of
				  the licensee's response is complete when the Board or the Board's staff
				  receives the response by mail, in-hand delivery, fax, or e-mail in accordance
				  with 5
				  M.R.S.
				  §8051(1).
C. Additional Information
The Board, its subcommittee or staff may request additional
				  information from the licensee. If the licensee's response to the complaint
				  satisfies the Board , its subcommittee or staff that no further action is
				  warranted on the complaint, the complaint may be dismissed. Notice of the
				  dismissal must be sent to any complainants.
D. Further Communications with Complainant
The Board, its subcommittee or staff may provide the
				  complainant with a copy of the licensee's response or portions thereof, as the
				  members or staff determines to be necessary to facilitate the investigation.
				  The Board, subcommittee or staff may request additional information from the
				  complainant in support of the original complaint or in response to the
				  licensee's response. The complainant must provide this additional information
				  to the Board, subcommittee or staff within thirty (30) days of being requested
				  to do so or indicate why the information cannot be obtained within that time.
E. Resolution of Complaints
				Without Discipline
Upon the written information provided by the complainant,
				  licensee and any others in support of the complaint and responses, the Board,
				  its subcommittee or staff may take any of the following actions, which do not
				  constitute discipline.
1. Issue a
				letter of guidance or concern pursuant to
				32 M.R.S.
				§88(4);
2. Dismiss the complaint and refer it to the
				Regional Medical Director for resolution to the extent that the complaint
				alleges conduct that relates solely to clinical practice issues. A complaint
				may be referred both to the Regional Medical Director for review of clinical
				practice issues and for further disciplinary procedures in accordance with
				these Rules, if the complaint alleges both clinical practice issues and issues
				appropriate for discipline by the Board; or
3. Dismiss the complaint upon a finding that
				the complaint is factually unfounded or alleges conduct that is not a violation
				of EMS Rules or statutes.