50-6-323. Powers and duties of department. (1) The department has general authority to supervise and regulate emergency medical services in Montana.
     (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 or during prehospital or interfacility transportation;
     (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 medical technician 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 prehospital and interfacility medical transportation or treatment services;
     (b) procedures for issuing, denying, renewing, and canceling licenses;
     (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 is not effective until:
     (a) a public hearing has been held for review of the rule; and
     (b) notice of the public hearing and a copy of the proposed rules have been sent to all persons licensed under 50-6-306 to conduct or operate an emergency medical service. Notice must be sent at least 30 days prior to the date of the public hearing.

     History: En. Sec. 3, Ch. 387, L. 1989; amd. Sec. 7, Ch. 150, L. 2009.