Below you will find summarized information about the EMSRB’s complaint resolution process, from complaint submission to public disciplinary action. The information and processes outlined below provides a broad overview of the process and in no way limits or restricts the EMSRB in its actions under the law.
Complaints can arise from a number of situations including:
• Mandatory reports from licensed services
• Complainants
• Background investigations
• Ambulance service inspections
• Mandatory reports from other agencies (child support, MN Department of Revenue, MN Department of Human Services, etc.)
When the EMSRB receives a complaint, staff review it to see if the information provided is a violation of Minnesota statute and the EMSRB has jurisdiction in the matter. If both are found, the complaint is forwarded to investigations.
The EMSRB has statutory authority to investigate complaints and issue disciplinary action when complaints are substantiated. Our investigation process is straightforward. The goal of this process is to both ensure we are protecting the people of Minnesota and allowing regulated EMS their due process.
If you are the subject of an investigation, you have the right to obtain legal counsel. The EMSRB will work with you and your legal representative throughout the investigation. This is not necessary, as most of the EMSRB complaints do not reach disciplinary action, but it is a right you have and may choose to use. If you choose to get an attorney, make sure to inform the investigator you have legal representation and provide that contact information.
Below is the general process for investigations.
1. Complaint has been vetted for jurisdiction and may indicate a statute violation.
2. A Notice of Investigation is sent to the regulated party and to the appropriate investigative staff.
3. Investigative staff contact involved parties. This includes the complainant, the subject, and any witnesses identified in the allegation.
4. Investigative staff creates an investigative report and presents to the CRP.
5. The CRP evaluates investigative report.
6. The CRP determines whether the investigation meets the level of action. Disciplinary Action and specific Non-disciplinary Actions are public and may include:
a. An agreement for corrective action on behalf of the regulated party
b. Deny, suspend, revoke, or refuse to renew certification/registration/license.
c. Impose limitations or conditions of regulated duties including retraining or rehabilitation requirements.
d. Require participation with the Health Professionals Services Program.
e. Require subject to work under supervision.
f. Require conditioning of continued practice on demonstration of knowledge or skills by appropriate exam or other review of skill and competence,
g. Order subject to provide unremunerated professional service under supervision.
h. Censure or reprimand subject.
7. If the CRP determines no discipline is needed, the investigation is closed.
8. If discipline is deemed necessary, CRP decides appropriate action, length, and requirements for subject.
9. EMSRB staff drafts disciplinary action and sends to Minnesota Attorney General’s Office.
10. An Assistant Attorney General reviews discipline for accuracy. All discipline is evaluated by the AG’s Office to ensure it is legal, appropriate, and fair.
The Complaint Review Panel (CRP) is a subsect of the Board who evaluates investigations and applications for violations of Minnesota Statute. One Board member is designated as the CRP Chair. The Chair is present at all CRP meetings. Other CRP members are split into two groups who meet every other month to evaluate investigations and applications. Each CRP group has a physician member of the Board present to ensure there is an understanding of skill competency that may arise in the allegations. The CRP presents the Board with recommendations for disciplinary action. Others involved in the CRP meetings include an Assistant Attorney General, the EMSRB Executive Director, and EMSRB staff.
When appropriate, the EMSRB makes every attempt to work with the subject of the action. Often, the action is an agreement between the subject and the EMSRB, which allows the subject to continuing practicing EMS while under disciplinary action. Compliance staff communicates with the subject and the Board to ensure the agreed upon order is enforced appropriately. Actions that may be agreed upon include:
1. Agreement for corrective action
2. Correction order, with or without fine (licensed services only)
3. Stayed suspension
4. Voluntary surrender of credential
If the EMSRB and the subject cannot agree to the terms of the discipline, the EMSRB may still enforce the discipline against the subject. This may result in a contest case hearing in front an administrative law judge.
All subjects of disciplinary action have a right to a contested case hearing if they do not agree with the EMSRB’s disciplinary action. The Office of Administrative Hearings maintains records and the procedures for these hearings.
Due to privacy laws in Minnesota, all complaint and investigatory information is protected at some level. The EMSRB cannot disclose investigatory information without cause and only by following the law.
Any person who files a complaint in good faith is immune from civil liability or criminal prosecution. If you are aware of a statute violation, report online at the site below.
Disciplinary action is public. Disciplinary action is reported to the National Practitioner’s Data Bank. All public action is published at the website below.
Public Actions / Emergency Medical Services Regulatory Board - Minnesota EMSRB (mn.gov)EMSRB Law References
• Minnesota Statutes 144E—Emergency Medical Services Regulatory Board
• Minnesota Rules 4690—Emergency Medical Services Regulatory Board Ambulance Services
• Chapter 13—Minnesota Government Data Practices Act
• Chapter 14—Administrative Procedure Specifically Chapter 14.57-14.62--Contested Case Procedures
