Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VII - Emergency Medical Services › Subpart A - EMS System › Chapter 1031 - COMPLAINTS, DISCIPLINARY ACTIONS, ADJUDICATIONS AND APPEALS › Section 1031.2 - Complaints and investigations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Filing a complaint.
A person may file with the Department a
				  complaint about a violation of the act or this subpart by an individual or
				  entity regulated by the Department under the act or an individual or entity
				  believed to have provided EMS or have engaged in any other activity for which
				  some type of authorization under the act or this subpart is required, without
				  that individual or entity having secured a certification, license or other
				  authorization from the Department to engage in that activity as required by the
				  act and this subpart.
(b)
Filing office.
The complaint shall be filed with the regional
				  EMS council that serves the EMS region where the conduct occurred. The regional
				  EMS council shall provide the Bureau with a copy of the complaint. A complaint
				  concerning the conduct of a regional EMS council shall be filed directly with
				  the Bureau.
(c)
Status of
				  complaint.
If a person files a complaint seeking to have the
				  Department impose a disciplinary or corrective measure under this chapter, the
				  Department's action in the handling of the complaint will be on behalf of the
				  Commonwealth to determine whether there has been a violation of a statutory or
				  regulatory requirement over which the Department has jurisdiction under the
				  act.
(d)
Processing a
				  complaint.
Upon receipt of a complaint filed under this section, the
				  Bureau will assess whether the Department has jurisdiction over the matter
				  about which the complaint is filed. If the matter is within the Department's
				  jurisdiction and an investigation is needed, the Bureau will investigate the
				  complaint or assign the complaint to a regional EMS council or other
				  appropriate entity to investigate. Unless the Bureau determines that disclosure
				  to the individual or entity about whom the complaint has been filed will
				  compromise the investigation or would be inappropriate for some other reason,
				  the investigation will be initiated by providing that individual or entity with
				  a copy of the complaint and requesting a response. The Department will redact
				  and withhold identifying information of the complainant throughout the
				  investigation and will not provide this information if the Department
				  determines that release of this information may compromise the investigation or
				  that release of this information may endanger the life or physical safety of
				  the complainant. In the event the Department does not release identifying
				  information of the complainant, the Department may disclose this information to
				  those persons authorized by the Department to conduct the investigation or as
				  otherwise required by law. If the matter is not within the Department's
				  jurisdiction to address, the Bureau will advise the person who filed the
				  complaint and refer the complainant to another agency if the Bureau believes
				  that the matter about which the complaint has been filed may be within the
				  other agency's jurisdiction.
(e)
Notification of results of investigation.
When an
				  investigation is completed, the Bureau will notify the complainant of the
				  general results of the investigation of the matter about which the complaint
				  was filed. This notification does not include providing the complainant with a
				  copy of any document collected or prepared during the course of the
				  investigation or communications with persons involved in the investigation,
				  including the subject of the complaint. The Bureau will also provide the same
				  information to the individual or entity about whom the complaint was filed if
				  the individual or entity was officially apprised of the complaint or
				  investigation. If the Department is considering taking disciplinary action
				  against the individual or entity, notification may occur when a disciplinary
				  decision is reached or when disciplinary charges are filed.