36-2204.02. Emergency medical services providers; investigations

A. In lieu of the requirements of section 36-2211, the director may authorize an ambulance service or emergency medical services provider to investigate, discipline or determine the fitness of an employee to continue to provide patient care. This authority does not apply to the conviction of, a plea of guilty or no contest to or admission in a court proceeding to the elements of a felony. The employer listed on the emergency medical care technician's or ambulance attendant's certification or recertification application may limit the practice of the emergency medical care technician or ambulance attendant during the investigation if the employer meets all of the following requirements:

1. Has separate investigative or supervisory staff to conduct an investigation.

2. Has an employee assistance program for counseling.

3. Has policies and procedures for drug testing through urinalysis or other generally accepted methods.

4. Has policies and procedures for monitoring of personnel who are suspected of or who have been convicted of substance abuse.

B. An ambulance service or emergency medical services provider that conducts its own disciplinary investigations pursuant to subsection A of this section shall report the following to the medical director of the emergency medical services and trauma system:

1. The nature of the allegation.

2. The level of patient care being delivered by the employee and the supervision of the employee during the investigation or rehabilitative period, or both.

3. The final outcome of the investigation and the final recommendation on the employee's certification status.

C. The decisions of the employer are appealable under the employer's personnel policies and procedures. Except as provided in section 41-1092.08, subsection H, the final administrative decisions of the director are subject to judicial review pursuant to title 12, chapter 7, article 6.