Montana Code Annotated 2013

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     50-6-105. Emergency medical care standards -- review process. (1) The board of medical examiners shall establish patient care standards for prehospital and interfacility emergency medical treatment and transportation.
     (2) (a) Complaints involving prehospital care, interfacility care, or the operation of an emergency medical service, as defined in 50-6-302, must be filed with the board and reviewed by a screening panel pursuant to 37-1-307.
     (b) If a complaint is initially filed with the department of public health and human services, the department shall refer the complaint to the board for review by a screening panel.
     (3) (a) When a complaint involves the operation or condition of an emergency medical service, the screening panel shall refer the complaint to the department for investigation as provided in 50-6-323.
     (b) When a complaint involves patient care provided by an emergency medical technician, the screening panel shall:
     (i) refer the complaint to the board for investigation as provided in 37-1-308 and 50-6-203; and
     (ii) forward to the department the complaint and the results of the screening panel's initial review as soon as the review is completed.
     (c) When a complaint involves a combination of patient care and emergency medical service matters, the screening panel shall refer the complaint to both the department and the board for matters that fall within the jurisdiction of each entity.
     (4) For a complaint involving patient care, the board shall:
     (a) immediately share with the department any information indicating:
     (i) a potential violation of department rules; or
     (ii) that the existing policies or practices of an emergency medical service may be jeopardizing patient care; and
     (b) notify the department when:
     (i) a sanction is imposed upon an emergency medical technician; or
     (ii) the complaint is resolved.
     (5) For a complaint involving an emergency medical service, the department shall:
     (a) immediately share with the board any information indicating:
     (i) a potential violation of board rules; or
     (ii) that the practices of an emergency medical technician may be jeopardizing patient care; and
     (b) notify the board when:
     (i) a sanction is imposed upon an emergency medical service; or
     (ii) the complaint is resolved.

     History: En. Sec. 2, Ch. 150, L. 2009.

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