(a)
The department will revoke, suspend, deny, or not issue an individual's
certification or recertification as an EMT-I, EMT-II, EMT-III, AEMT, ETT
instructor, EMS instructor, or EMS instructor coordinator if the individual
(1) has been convicted of an offense against
a person set out in AS 11.41 that is a class A or unclassified felony or an
offense with substantially similar elements in another jurisdiction;
(2) has been convicted of an offense under
AS
11.71.010 (Misconduct Involving a Controlled
Substance in the First Degree) or an offense with substantially similar
elements in another jurisdiction;
(3) is currently incarcerated for an offense
set out in (b)(1) - (3) of this section or an offense with substantially
similar elements in another jurisdiction; or
(4) requests that the individual's
certification or recertification be revoked, suspended, or not
issued.
(b) The
department will revoke, suspend, or deny an individual's certification or
recertification as an EMT-I, EMT-II, EMT-III, AEMT, ETT instructor, EMS
instructor, or EMS instructor coordinator if the department determines that the
individual
(1) within the preceding 15 years
has been convicted of an offense that is a class B or class C felony or class A
misdemeanor for an offense against a person under AS 11.41, or an offense with
substantially similar elements in another jurisdiction;
(2) within the preceding 10 years has been
convicted of an offense that is a felony or class A misdemeanor under AS 11.61
(Offenses Against Public Order), or an offense with substantially similar
elements in another jurisdiction;
(3) within the preceding 10 years has been
convicted of an offense that is a class B or class C felony or class A
misdemeanor under AS 11.71 (Misconduct Involving a Controlled Substance), or an
offense with substantially similar elements in another jurisdiction;
(4) within the preceding three years has been
convicted under
AS
28.35.030 of operating a vehicle, aircraft,
or watercraft while intoxicated, or under
AS
28.35.032 for refusal to submit to a chemical
test;
(5) has failed to notify the
department in writing within 30 days after being charged with an offense that
is a class A misdemeanor or a felony under the law of this state or an offense
with substantially similar elements in another jurisdiction;
(6) is currently on work release, probation,
or parole;
(7) has committed gross
misconduct in the performance of duties as an EMT;
(8) has violated federal or state laws
pertaining to medical practice;
(9)
has used fraud or deceit to obtain a certificate from this state under
7
AAC 26.010 -
7
AAC 26.180, or from another state, or from the
National Registry of Emergency Medical Technicians;
(10) has cheated on an examination for
certification, committed theft of certification examination materials, or
misused certification examination materials;
(11) has had a certificate or license as a
health care provider revoked or suspended by the licensing or certifying
authority of a state, territory, or country, or by the National Registry of
Emergency Medical Technicians;
(12)
has knowingly, willfully, or grossly negligently violated patient privacy or
confidentiality by releasing information to persons who are not directly
involved in the care or treatment of the patient, or otherwise authorized to
receive the information;
(13) has
falsified or altered training records, certification records, or patient
records, or participated in the release or issuance of false continuing medical
education documents, including verifying continuing medical education for an
individual who did not legitimately attend an educational session, or signing
an individual into an educational session that the individual did not actually
attend; or
(14) has committed an
act that constitutes a violation of a federal, state or local law, and that
recklessly endangers other EMS providers, public safety officials, students in
an approved EMS training program, patients, or the general public
(c) The department will revoke,
suspend, or deny an individual's certification or recertification as an ETT
instructor, EMS instructor. EMS instructor coordinator, or MICP course
coordinator for one or more of the following reasons:
(1) improperly disclosing testing materials
or the content of department administered examinations;
(2) knowingly enrolling, in a department
approved training program, students who did not meet the requirements outlined
in the applicable course approval provisions of this chapter;
(3) knowingly teaching more than one course
that is required to be approved by the department without the courses being
approved by the department under this chapter;
(4) using a curriculum that did not contain
all of the objectives required for a course for which department approval is
required under
7
AAC 26.050 or
7
AAC 26.450, as applicable; or
(5) teaching a course approved by the
department that did not provide the minimum number of hours required under this
chapter.
(d)
Revocations, suspensions, and refusals to certify or recertify on a ground set
out in (a)(1) and (a)(2) of this section are permanent. If the department, on a
ground set out in (a)(3) of this section, revokes or suspends the certification
of or refuses to certify or recertify an individual, the individual is not
eligible to become certified again until 36 months after termination of the
individual's sentence, parole, or probation, whichever term ends latest.
However, the department may lengthen or shorten this period based on the
factors set out under (f) of this section. If the department, on a ground set
out in (a)(4) of this section, revokes or suspends the certification of or does
not certify or recertify an individual, if the individual is otherwise eligible
for certification and if the department receives a written request from the
individual that the certificate be issued, the department will issue a
certificate valid for the remainder of the certification period.
(e) If the department, on a ground set out in
(b)(1) - (3). (b)(6) - (14), or (c) of tins section, revokes or suspends the
certification of or refuses to certify or recertify an individual, the
individual is not eligible to become certified again until 36 months after
termination of sentence, parole or probation, or, if a criminal penalty is not
imposed, 36 months after the effective date of the revocation, suspension, or
denial of certification or recertification. If the department, on a ground set
out in (b)(4) or (5) of this section, revokes or suspends the certification of
or refuses to certify or recertify an individual, the individual is not
eligible to become certified again until 12 months after the effective date of
the revocation, suspension, or denial of certification or
recertification.
(f)
Notwithstanding the time periods set out in (b) and (e) of this section, when
acting on an application of an individual whose certification or
recertification is subject to suspension, revocation, or denial under (b) or
(c) of this section, the department may lengthen or shorten the period of time
during which the individual is ineligible to apply for certification or
recertification by making a determination based on the following factors:
(1) the seriousness or frequency of the
offense;
(2) the length of time
since the offense;
(3) evidence of
rehabilitation;
(4) the
satisfactory completion of all sentencing requirements;
(5) the potential danger posed to the public
by an individual.
(g)
The department will require an applicant who has reported a charge or
conviction of a criminal offense listed in this section to obtain criminal
records from one or more federal or state agencies at the applicant's own
cost.
