10A NCAC 13P .1505        EMS EDUCATIONAL INSTITUTIONS

(a)  For the purpose of this Rule, "focused review" means an evaluation by the OEMS of an educational institution's corrective actions to remove contingencies that are a result of deficiencies identified in the initial or renewal application process.

(b)  The Department shall deny the initial or renewal designation, without first allowing a focused review, of an EMS Educational Institution for any of the following reasons:

(1)           significant failure to comply with the provisions of Section .0600 of this Subchapter; or

(2)           attempting to obtain an EMS Educational Institution designation through fraud or misrepresentation.

(c)  When an EMS Educational Institution is required to have a focused review, it shall demonstrate compliance with the provisions of Section .0600 of this Subchapter within 12 months or less.

(d)  The Department shall revoke an EMS Educational Institution designation at any time whenever the Department finds that the EMS Educational Institution has significant failure to comply, as defined in Rule .0102(45) of this Subchapter, with the provisions of Section .0600 of this Subchapter, and:

(1)           it is not probable that the EMS Educational Institution can remedy the deficiencies within 12 months or less as determined by OEMS staff based upon analysis of the educational institution's ability to take corrective measures to resolve the issue of non-compliance with Section .0600 of this Subchapter;

(2)           although the EMS Educational Institution may be able to remedy the deficiencies, it is not probable that the EMS Educational Institution shall be able to remain in compliance with credentialing  rules;

(3)           failure to produce records upon request as required in Rule .0601(b)(6) of this Subchapter;

(4)           the EMS Educational Institution failed to meet the requirements of a focused review within 12 months, as set forth in Paragraph (c) of this Rule;

(5)           the failure to comply endangered the health, safety, or welfare of patients cared for as part of an EMS educational program as determined by OEMS staff in their professional judgment based upon a complaint investigation, in consultation with the Department and Department of Justice, to verify the results of the investigations are sufficient to initiate enforcement action pursuant to G.S. 150B; or

(6)           the EMS Educational Institution altered, destroyed, or attempted to destroy evidence needed for a complaint investigation.

(e)  The Department shall give the EMS Educational Institution written notice of revocation and denial.  This notice shall be given personally or by certified mail and shall set forth:

(1)           the factual allegations;

(2)           the statutes or rules alleged to be violated; and

(3)           notice of the EMS Educational Institution's right to a contested case hearing, set forth in Rule .1509 of this Section, on the revocation of the designation.

(f)  Focused review is not a procedural prerequisite to the revocation of a designation as set forth in Rule .1509 of this Section.

(g)  If determined by the educational institution that suspending its approval to offer EMS educational programs is necessary, the EMS Educational Institution may voluntarily surrender its credential without explanation by submitting a written request to the OEMS stating its intention.  The voluntary surrender shall not affect the original expiration date of the EMS Educational Institution's designation.  To reactivate the designation:

(1)           the institution shall provide OEMS written documentation requesting reactivation; and

(2)           the OEMS shall verify the educational institution is compliant with all credentialing requirements set forth in Section .0600 of this Subchapter prior to reactivation of the designation by the OEMS.

(h)  If the institution fails to resolve the issues that resulted in a voluntary surrender, the Department shall revoke the EMS Educational Institution designation.

(i)  In the event of a revocation or voluntary surrender, the Department shall provide written notification to all EMS Systems within the EMS Educational Institution's defined service area. The Department shall provide written notification to all EMS Systems within the EMS Educational Institution's defined service area when the voluntary surrender reactivates to full credential.

(j)  When an accredited EMS Educational Institution as defined in Rule .0605 of this Subchapter has administrative action taken against its accreditation, the OEMS shall determine if the cause of action is sufficient for revocation of the EMS Educational Institution designation or imposing a focused review pursuant to Paragraphs (b) and (c) of this Rule is warranted.

 

History Note:        Authority G.S. 143-508(d)(4); 143-508(d)(10);

Eff. January 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2,  2016;

Amended Eff. January 1, 2017.