Utah § 53-2d-604 Discipline of designated and licensed providers, and training centers -- Penalties.

Utah Statutes

§ 53-2d-604 — Discipline of designated and licensed providers, and training centers -- Penalties.

Utah·Title 53 Public Safety Code·Ch. 53-2d Emergency Medical Services Act·Part 53-2d-6 Enforcement Provisions

(1)The bureau may, with respect to emergency medical service providers, as defined in Section 53-2d-101, excluding emergency medical service personnel:

(1)(a) impose a fine; or

(1)(b) refuse to issue a license or designation or a renewal, or revoke, suspend, restrict, or place on probation, a training center, or any emergency medical service provider's license or designation, including the license or designation of a non-911 service provider, if the training center or provider has:

(1)(b)(i) failed to abide by terms of the license or designation;

(1)(b)(ii) violated statute or rule;

(1)(b)(iii) failed to provide services at the level or in the exclusive geographic service area required by the license or designation;

(1)(b)(iv) failed to submit a renewal application in a timely fashion as

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(1) The bureau may, with respect to emergency medical service providers, as defined in Section 53-2d-101, excluding emergency medical service personnel:
(1)(a) impose a fine; or
(1)(b) refuse to issue a license or designation or a renewal, or revoke, suspend, restrict, or place on probation, a training center, or any emergency medical service provider's license or designation, including the license or designation of a non-911 service provider, if the training center or provider has:
(1)(b)(i) failed to abide by terms of the license or designation;
(1)(b)(ii) violated statute or rule;
(1)(b)(iii) failed to provide services at the level or in the exclusive geographic service area required by the license or designation;
(1)(b)(iv) failed to submit a renewal application in a timely fashion as required by bureau rule;
(1)(b)(v) failed to follow operational standards established by the bureau; or
(1)(b)(vi) committed an act in the performance of a professional duty that endangered the public or constituted gross negligence.
(2) (2)(a) Except as provided in this chapter, an administrative action to impose a fine or penalty, or to revoke, suspend, restrict, or place a license or designation on probation, shall be done in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(2)(b) Notwithstanding Subsection (2)(a), the bureau may issue a cease and desist order under Section 53-2d-607 to immediately suspend a license or designation pending an administrative proceeding to be held within 30 days if there is evidence to show that the provider or facility poses a clear, immediate, and unjustifiable threat or potential threat to the public health, safety, or welfare.
(3) (3)(a) The bureau shall:
(3)(a)(i) consider the recommended schedule of potential fines received under Subsection 53-2d-105(2) from the Trauma System and Emergency Medical Services Committee; and
(3)(a)(ii) by rule on or before August 31 of each year, adopt and publish a schedule setting forth the range of potential fines that the bureau may impose for each type of violation for the annual period beginning September 1 of the current year and ending August 31 of the following year.
(3)(b) In determining the appropriate fine from the published range of potential fines the bureau may impose for a violation, the bureau shall consider any relevant aggravating or mitigating circumstances.
(3)(c) The bureau shall deposit any fines collected under this section into the Emergency Medical Services Critical Needs Account created under Section 53-2d-110.

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