WHEN TO FILE A COMPLAINT
Tennessee has a high quality prehospital Emergency Medical Services (EMS) and medical transportation system. A large majority of licensed EMS personnel and ambulance services are competent and caring providers.
However, when a problem is experienced with an EMS provider, you have the right to file a complaint. If you believe that a provider’s performance or professional behavior is not acceptable, you can file a complaint with the EMS Office.
STATE RESPONSIBILITIES
The EMS Office tests and licenses EMS personnel (EMRs, EMTs, AEMTs, Paramedics and EMDs) and ambulance services under state law and the rules of the State EMS Board. A related responsibility is reviewing and investigating complaints that allege violations of the law or rules.
When the investigation is completed and a determination is made by the EMS Office and an EMS Board representative that a significant violation has occurred, disciplinary action will be pursued. If the provider wishes to appeal such action he/she may request a contested case hearing before the EMS Board. The Board will hear the case and then make a decision on the matter, including any disciplinary action warranted if the respondent is found guilty of the violation(s) charged.
While the Department cannot assist you with civil or criminal matters, and does not represent you as an individual, EMS law allows the department to act on behalf of the people of Tennessee at large. The law gives the department and Board the power to control a provider’s ability to practice in the state of Tennessee, but cannot levy criminal penalties or civil damages. Any person seeking to recover fees or monetary remedies for injuries should consult an attorney regarding those matters. The State of Tennessee has no jurisdiction over these types of situations.
FILING A COMPLAINT
While we hope that you will never have to file a complaint against an EMS provider, doing so is a simple matter. Please read the attached form carefully and fill it out. You are also requested, if you were the patient, to complete and sign a “Medical Records Release Form”. While the form may not always be used, it is helpful to have this form in the event records are needed to determine course of treatment or actions that have been taken with regard to care provided. All materials received in connection with the complaint will become property of the Department of Health and cannot be returned.
Please return the complaint to:
TN Department of Health
Office of Emergency Medical Services
665 Mainstream Drive
Nashville, TN 37243
Attn: Complaint Intake
RESULTS
When a decision is finally reached, you will receive a letter from the EMS Office. The content of such letters varies depending upon the circumstances of the complaint, however, they are generally one of the following types.
(1) There was no violation of the Practice Act that would lead to disciplinary action, but the practitioner has been informed of any concerns determined by the investigation.
(2) There was a violation of the Practice Act and a formal disciplinary action was taken, made part of the public record, and reported statewide and to the national data bank.
The Department of Health takes all complaints seriously and insures that a thorough and fair evaluation under law is conducted.
ISSUES NOT WITHIN DEPARTMENT/BOARD AUTHORITY
- Fees and/or Billing disputes (Amounts charged for services, overcharges, etc.)
- Insurance Matters (unless it deals with fraud by an EMS provider)
For these concerns you should contact the State Consumer Affairs Division at 1-800-342-8385.