§ 1009.2. Recognition process.

 (a)  To qualify for the civil immunity protection afforded by section 11(j)(4) of the act (35 P. S. §  6931(j)(4)), a facility shall secure recognition as a medical command facility from the Department. To secure recognition as a medical command facility, a facility shall submit an application to the Department through a regional EMS council exercising responsibility for an EMS region in which the applicant intends to provide medical command through medical command physicians who function under its auspices. Application for medical command facility recognition shall be made on forms prescribed by the Department.

 (b)  The regional EMS council will review the application for completeness.

 (c)  If the application is complete, the regional EMS council shall conduct an onsite inspection of the applying facility to verify information contained within the application and to complete a physical inspection of the medical command area.

 (d)  After completing its review, the regional EMS council shall forward a copy of its recommendation to the Department and to the applying facility. If the applying facility disagrees with the recommendation of the regional EMS council, it may submit a written rebuttal to the Department.

 (e)  The Department will review the application, information and recommendation submitted by the regional EMS council, and the rebuttal statement, if any, submitted by the applying facility, and will make a decision within 60 days from the time of its receipt of the regional EMS council’s recommendation to grant or deny recognition.

 (f)  The Department may review and inspect facilities to aid it in making medical command facility recognition decisions.

 (g)  If the applying facility disagrees with the decision by the Department, it may appeal the decision under 1 Pa. Code §  35.20 (relating to appeals from actions of the staff) if the decision was not issued by the agency head as defined in 1 Pa. Code §  31.3 (relating to definitions) and, if it disagrees with the decision of the agency head, it may file an appeal under 2 Pa.C.S. § §  501—508 and 701—704 (relating to Administrative Agency Law).

 (h)  Recognition as a medical command facility shall be valid for 3 years. A facility shall file an application for renewal of its recognition as a medical command facility 60 days prior to expiration of the medical command facility’s recognition from the Department. Failure to apply for renewal of recognition in a timely manner may result in the facility having a lapse in the civil immunity protection afforded by section 11(j)(4) of the act.

   The provisions of this §  1009.2 amended October 13, 2000, effective October 14, 2000, 30 Pa.B. 5363. Immediately preceding text appears at serial page (247560).

   This section cited in 28 Pa. Code §  1003.4 (relating to medical command physician).