Sec. 30.02.05.03. Investigation of Incident Reports

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.

E. Upon completion of its review, the incident review committee may:

(1) Determine no further action is required;

(2) Refer the matter to the appropriate EMS operational program for further investigation or action; or

(3) Prepare a complaint which shall be referred:

(a) If the respondent is not a licensed or certified EMS provider and is alleged to be providing emergency medical services, directly to the EMS Board,

(b) If the respondent is a licensed or certified EMS provider or an applicant, to the provider review panel, or

(c) If the respondent is licensed as a registered nurse or licensed practical nurse by the Board of Nursing, to the Board of Nursing.

F. Complaint Notification.

(1) Submission of Complaint to Respondent. If a complaint is referred to the provider review panel, the incident review committee shall advise the respondent of the complaint by letter and afford the respondent the opportunity to provide the provider review panel with a written statement concerning the substance of the complaint. The letter shall be sent by certified and regular mail to the address the EMS provider or applicant maintains for purposes of licensure or certification notice, or any other last known address. If certified mail is twice returned unclaimed, service may be effected by delivery to each of the provider's affiliations of record shown on the records of MIEMSS.

(2) Right to Representation. The respondent shall be notified of the respondent's right to be represented by an attorney admitted to practice law in Maryland when the complaint is sent to the respondent.

(3) Entry of Appearance. In order to represent a respondent at any stage of a disciplinary matter before the EMS Board, an attorney shall file an entry of appearance in the matter and include the attorney's phone number and address.

G. MIEMSS may notify appropriate EMS operational programs of incident reports, complaints, noncompliance notices, or hearings.