105 CMR, § 170.103

Current through Register 1536, December 6, 2024
Section 170.103 - Criteria and Conditions for Department Designation of Regional EMS Councils

Each applicant for designation as a Regional EMS Council shall be evaluated on the basis of all of the following criteria and conditions:

(A) Evidence of support for designation as a Regional EMS Council from a substantial number of municipal governments, hospitals, and ambulance services geographically distributed within the area covered by the proposed Regional EMS Council;
(B) A commitment to cooperate with the Department in its effort to carry out its authority and responsibility as defined in M.G.L. c. 111C;
(C) A commitment to adopt a regional EMS plan within one year of adoption of the state EMS plan, pursuant to 105 CMR 170.050.
(D)Regional Council Membership and Meetings.
(1) Each Council shall be established through a fair and open selection process. It shall be structured so as to reflect equitably the entire geographic region, as well as the interests of the component entities of the EMS system. The Council shall be made up of at least ten persons, but no more than 35 members. At minimum, the Council shall have the following representation:
(a) one representing local governments;
(b) one designated by a hospital;
(c) one designated by a fire suppression service;
(d) one designated by a primary ambulance service;
(e) one designated by a law enforcement agency;
(f) one of whom is a licensed practicing physician with regular and frequent involvement in the provision of emergency care;
(g) one of whom is an emergency care nurse;
(h) one of whom is an EMT;
(i) one of whom is designated by an EMS first response service; and
(j) one of whom is a consumer.
(2) Council membership shall reflect fairly and equitably representation from each geographic area throughout the region.
(3) Meetings shall be held with sufficient frequency to ensure execution of duties and functions and to ensure that adequate information is transmitted to and from the organizations, groups, professions, occupations, services, and/or disciplines and consumers represented by the respective Council members.
(4) All meetings, whether held separately or in conjunction with the Regional EMS Council, at which the business of the Council or Councils is conducted, shall be held as required by, and in conformance with M.G.L. c. 30A, § 11A, the open meeting law.
(E)Bylaws: Each Regional EMS Council shall draft and maintain updated bylaws. Bylaws shall be submitted to the Department, as updated, for its review and evaluation, and shall at minimum address the following:
(1) A selection process for Council members and officers;
(2) Enumerated duties and responsibilities of Council members and officers including requirements for fair and equitable representation of the entire region and all component entities of the EMS system therein served by the Regional EMS Council, and periodic and regular reports to the Council; and
(3) A committee structure designed to facilitate duties and functions, and the achievement of the regional EMS plan.
(F) Regional EMS Councils, their members, officers and agents shall comply with M.G.L. c. 268A, the conflict of interest law, and conflict of interest provisions set out in their contracts with the Department.

105 CMR, § 170.103

Amended, Mass Register Issue 1257, eff. 3/28/2014.
Amended by Mass Register Issue 1486, eff. 1/6/2023.