Chapter 31. Virginia Emergency Medical Services Regulations

A. The commissioner may suspend an EMS license, permit, certificate, endorsement or designation without a hearing, pending an investigation or revocation procedure. 1. Reasonable cause for suspension must exist before such action is taken by the commissioner. The decision must be…

A. The commissioner may revoke an EMS license, permit, certificate, endorsement, or designation after a hearing or waiver thereof. 1. Reasonable cause for revocation must exist before such action by the commissioner. 2. The commissioner may revoke an EMS agency license, EMS vehic…

For the purposes of these regulations regional EMS councils shall be designated by the Board of Health, adhere to policy direction established by the Office of EMS and carry out the development and implementation of an efficient and effective statewide regional EMS system. Statut…

An organization or person providing designated regional EMS council services within Virginia must comply with these regulations, the applicable regulations of other state agencies, the Code of Virginia and the United States Code. The Office of EMS will publish the Virginia Region…

Any organization or person establishing, operating, maintaining, advertising or representing itself or any services as a designated regional EMS council must have a valid designation issued by the Board of Health.Statutory Authority§§ 32.1-12, 32.1-111.4, and 32.1-111.11 of the C…

A. The Board of Health will designate a regional EMS council that satisfies the representation requirements in these regulations. B. The designation of a regional EMS council will be based on: 1. The "Regional EMS Council Designation Manual" application process. a. Completed appl…

A. An applicant for regional EMS council designation shall file a written application specified by the Office of EMS. B. If the applicant is a company or corporation as defined in § 12.1-1 of the Code of Virginia it must clearly disclose the identity of its owners, officers and d…

An applicant agency and all places of operation shall be subject to inspection by the Office of EMS for compliance with these regulations. The inspection may include any or all of the following: 1. All fixed places of operations, including all offices and training facilities; 2. …

A. The Office of EMS will review and make recommendations to the Board of Health determining whether an applicant is qualified for designation based upon the applicant meeting the requirements of these regulations. B. The Board of Health will make the final determination on regio…

The designation is for a period of three years, effective July 1, after completion of the designation process.Statutory Authority§§ 32.1-12, 32.1-111.4, and 32.1-111.11 of the Code of Virginia.

Regional EMS councils desiring to become undesignated by the Board of Health must provide the Office of EMS a minimum of 30 days written notice of intent. Upon review the Office of EMS will forward the request to the Board of Health with its recommendation. Only the Board of Heal…

The Board of Health reserves the right to authorize any procedure for the enforcement of these regulations that is not inconsistent with the provisions set forth herein or the provisions of §§ 32.1-27 and 32.1-111.1 of the Code of Virginia.Statutory Authority§§ 32.1-12, 32.1-111.…

A. The Office of EMS may order the holder of a license, certification, endorsement or designation to correct a deficiency, cease any violations or comply with these regulations by issuing a written correction order as follows: 1. Correction orders may be issued in conjunction wit…

Exceptions to any provision of these regulations are specified as part of the regulation concerned. Any deviation not specified in these regulations is not allowed except by variance or exemption.Statutory Authority§§ 32.1-12, 32.1-111.4, and 32.1-111.11 of the Code of Virginia.

A. The commissioner is authorized to grant variances for any part or all of these regulations in accordance with the procedures set forth herein. A variance permits temporary specified exceptions to these regulations. A designated regional EMS council may file a written request f…

A request for a variance may be approved and issued by the commissioner provided all of the following conditions are met: 1. The information contained in the request is complete and correct; 2. The regional EMS council concerned is designated by the Board of Health; 3. The Office…

A variance shall include but not be limited to the following information: 1. The name of the designated regional EMS council to which the variance applies; 2. The expiration date of the variance; 3. The provision of the regulations that is to be varied and the type of variations …

A variance shall be issued and remain valid with the following conditions: 1. A variance will be valid for a period not to exceed one year unless and until terminated by the commissioner; 2. A variance is neither transferable nor renewable under any circumstances.Statutory Author…

A. The commissioner may terminate a variance at any time based upon any of the following: 1. Violations of any of the conditions of the variance; 2. Falsification of any information; 3. Suspension or revocation of the designation; and 4. A determination by the Office of EMS that …

A request for a variance will be denied by the commissioner if any of the conditions of 12VAC5-31-2430 fail to be met.Statutory Authority§§ 32.1-12, 32.1-111.4, and 32.1-111.11 of the Code of Virginia.

A. The Board of Health is authorized to grant exemptions from any part or all of these regulations in accordance with the procedures set forth herein. An exemption permits specified or total exceptions to these regulations for an indefinite period. B. A designated regional EMS co…

Upon receipt of a request for an exemption, the Office of EMS will cause notice of such request to be published in a newspaper of general circulation in the area wherein the service delivery area of the applicant or designated regional EMS council making the request and in other …

If the Board of Health determines that there is substantial public interest in a request for an exemption, a public hearing may be held.Statutory Authority§§ 32.1-12, 32.1-111.4, and 32.1-111.11 of the Code of Virginia.

A. The procedures of the Administrative Process Act controls all judicial reviews. B. A licensee; permit, certificate, endorsement or designation holder; or applicant has the right to appeal any decision or order of the Office of EMS except as may otherwise be prohibited, and pro…

A. A request for an exemption may be approved and an exemption issued provided all of the following conditions are met: 1. The information contained in the request is complete and correct; 2. The need for such an exemption is determined to be genuine; and 3. The issuance of an ex…

An exemption includes but is not limited to the following information: 1. The name of the applicant or designated regional EMS council to whom the exemption applies; 2. The provisions of the regulations that will be exempted; and 3. Any special conditions that may apply.Statutory…

A. An exemption remains valid for an indefinite period of time unless and until terminated by the Board of Health unless an expiration date is specified. B. An exemption is neither transferable nor renewable.Statutory Authority§§ 32.1-12, 32.1-111.4, and 32.1-111.11 of the Code o…

A. The Board of Health may terminate an exemption at any time based upon any of the following: 1. Violation of any of the conditions of the exemption; 2. Suspension or revocation of designation; and 3. A determination by the Office of EMS that continuation of the exemption would …

A request for an exemption will be denied by the Board of Health if any of the conditions of these regulations fail to be met.Statutory Authority§§ 32.1-12, 32.1-111.4, and 32.1-111.11 of the Code of Virginia.

A. The Office of EMS may use the enforcement procedures provided in this article when dealing with any deficiency or violation of these regulations or any action or procedure that varies from the intent of these regulations. B. The Office of EMS may determine that a deficiency or…

An enforcement action must be delivered to the agent of the affected designated regional EMS council and must specify information concerning the violations, the actions required to correct the violations and the specific date by which correction must be made as follows: 1. Warnin…

A. The Office of EMS may order the designated regional EMS council to correct a deficiency, cease any violations or comply with these regulations by issuing a written correction order as follows: 1. Correction orders may be issued in conjunction with any other enforcement action …

A. The commissioner may suspend a designation without a hearing if the agency, organization or any of its personnel are found to be operating in a manner that presents a risk to, threatens, or endangers the public health, safety or welfare. 1. The commissioner may suspend the des…

A. The Board of Health may revoke the designation of a regional EMS council after a hearing or waiver thereof. Reasonable cause for revocation must exist before such action by the Board of Health. The Board of Health may revoke designation for the following: 1. Failure to adhere …

Article 5 Complaints Any person may submit a complaint. A complaint is submitted in writing to the Office of EMS, signed by the complainant and includes the following information: 1. The name and address of the complainant; 2. The name of the agency, service or person involved; 3…

A. The procedures of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) control all judicial reviews. B. The designated regional EMS council or applicant has the right to appeal any decision or order of the Office of EMS except as may otherwise be prohibi…

A. The Office of EMS will investigate complaints related to designation, operation and the delivery of services by regional EMS councils. B. Any person may submit a complaint. A complaint is submitted in writing to the Office of EMS, signed by the complainant and includes the fol…

A. The Office of EMS may investigate complaints received about conditions, practices, or acts that may violate any provision of either Article 2.1 (§ 32.1-111.1 et seq.) of Chapter 4 of Title 32.1 of the Code of Virginia or provision of these regulations. B. If the Office of EMS …

A. If the Office of EMS determines that a violation has occurred, it may apply all provisions of these regulations that it deems necessary and appropriate. B. At the completion of an investigation and following any appeals, the Office of EMS will notify the complainant.Statutory …

A designated regional EMS council shall include, if available, representatives of the participating local governments, fire protection agencies, law-enforcement agencies, emergency medical services agencies, hospitals, licensed practicing physicians, emergency care nurses, mental…

A. A regional EMS council shall be organizationally independent of any other entity. B. A regional EMS council shall be governed by a board. C. Articles of incorporation and bylaws shall be in force that specify: 1. Designated regional EMS council representation; 2. Method of des…

A designated regional EMS council, in cooperation with the Governor's EMS Advisory Board, shall develop, maintain, and distribute a comprehensive regional EMS plan for coordinating and improving the delivery of EMS in the regional service area, in accordance with §§ 32.1-111.3 an…

A designated regional EMS council, in corporation with the Governor's EMS Advisory Board, shall develop, maintain, and distribute a regional trauma triage plan in accordance with §§ 32.1-111.3 and 32.1-111.11 of the Code of Virginia. 1. The plan shall be submitted for approval by…

A. The Office of EMS may investigate complaints received about conditions, practices, or acts that may violate any provision of either Article 2.1 of Chapter 4 (§ 32.1-111.1 et seq.) of Title 32.1 of the Code of Virginia or provision of these regulations. B. If the Office of EMS …

A. A designated regional EMS council shall participate in the Virginia financial assistance for emergency medical services program and assist eligible EMS agencies and organizations needing funding within the service area. B. The designated regional EMS council participation in t…