Montana Code 50-6-323. Powers and duties of department
50-6-323. Powers and duties of department. (1) The department has general authority to supervise and regulate emergency medical services in Montana.
Terms Used In Montana Code 50-6-323
- Aircraft: has the meaning provided in 67-1-101. See Montana Code 50-6-302
- Ambulance: means a privately or publicly owned motor vehicle or aircraft that is maintained and used for the transportation of patients. See Montana Code 50-6-302
- Board: means the Montana state board of medical examiners provided for in 2-15-1731. See Montana Code 50-6-302
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-6-302
- Emergency medical service: means an out-of-hospital health care treatment service or interfacility emergency medical transportation provided by an ambulance or nontransporting medical unit that is licensed by the department to provide out-of-hospital health care treatment services or interfacility emergency medical transportation, including community-integrated health care. See Montana Code 50-6-302
- Offline medical direction: means the function of a board-licensed physician or physician assistant in providing:
(a)medical oversight and supervision for an emergency medical service or an emergency care provider; and
(b)review of patient care techniques, emergency medical service procedures, and quality of care. See Montana Code 50-6-302
- Online medical direction: means the function of a board-licensed physician or physician assistant or the function of a designee of the physician or physician assistant in providing direction, advice, or orders to an emergency care provider for interfacility emergency medical transportation, out-of-hospital, emergency medical, or community-integrated health care, or patient care within a health care facility as identified in a plan for offline medical direction. See Montana Code 50-6-302
- Patient: means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless. See Montana Code 50-6-302
(2)Upon referral by a screening panel pursuant to 50-6-105, the department shall review and may investigate complaints relating to the operation of any emergency medical service.
(3)In investigating a complaint, the department may review:
(a)the type and condition of equipment and procedures used by an emergency medical service to provide care at the scene during prehospital or interfacility transportation or in other out-of-hospital care settings;
(b)the condition of any vehicle or aircraft used as an ambulance;
(c)general performance by an emergency medical service; and
(d)the results of any investigation conducted by the board concerning patient care by an emergency care provider who was, at the time of the complaint, providing care through the emergency medical service that is the subject of a complaint under investigation by the department.
(4)Upon completion of an investigation as provided in subsection (3), the department shall take appropriate action, including sharing information regarding complaints with the board as provided in 50-6-105 and initiating any necessary legal proceedings as authorized under this part.
(5)In order to carry out the provisions of this part, the department shall prescribe and enforce rules for emergency medical services. Rules of the department may include but are not limited to the following:
(a)the classification and identification of specific types and levels of interfacility medical transportation or out-of-hospital treatment services;
(b)procedures for issuing, denying, renewing, and canceling licenses issued under this part;
(c)minimum licensing standards for each type and level of service, including requirements for personnel, offline medical direction, online medical direction, maintenance, equipment, reporting, recordkeeping, sanitation, and minimum insurance coverage as determined appropriate by the department; and
(d)other requirements necessary and appropriate to ensure the quality, safety, and proper operation and administration of emergency medical services.
(6)A rule adopted pursuant to this section must comply with Title 2, chapter 4.