Iowa Administrative Code
Agency 641 - Public Health Department
Chapter 131 - Emergency Medical Services-providers-initial Certification-renewal and Reactivation-authority-complaints and Investigations
Rule 641-131.7 - Discipline-denial, Citation and Warning, Probation, Suspension, or Revocation of Certificates or Renewal
Universal Citation: IA Admin Code 641-131.7
Current through Register Vol. 47, No. 6, September 18, 2024
(1) This rule is not subject to waiver pursuant to 641-Chapter 178 or any other provision of law.
(2) Prohibited grounds for discipline. The department shall not suspend or revoke the certification of a person who is in default or is delinquent on repayment or a service obligation under federal or state postsecondary educational loans or public or private services-conditional postsecondary tuition assistance solely on the basis of such default or delinquency.
(3) Methods of discipline.
a. The department has
the authority to impose the following disciplinary sanctions against an
emergency medical care provider:
(1) Issue a
citation and warning.
(2) Impose a
civil penalty not to exceed $1,000.
(3) Require reexamination.
(4) Require additional education or
training.
(5) Impose a period of
probation under specific conditions.
(6) Prohibit permanently, until further order
of the department, or for a specific period, aprovider's ability to engage in
specific procedures, methods, acts or activities incident to the practice of
the profession.
(7) Suspend a
certificate until further order of the department or for a specific
period.
(8) Deny an application for
certification.
(9) Revoke a
certification.
(10) Impose such
other sanctions as allowed by law and as may be appropriate.
b. A request for inactive status
in connection with a disciplinary investigation or proceeding has the same
effect as an order of revocation.
c. A citation and warning, denial, probation,
restriction, suspension revocation, or civil penalty imposed upon an individual
certificate holder by the department shall be considered applicable to all
certificates and endorsements issued to that individual by the
department.
d. An emergency medical
care provider who has knowledge of an emergency medical care provider, service
program or training program that has violated Iowa Code chapter 147A or these
rules shall report such information to the department within 30 days.
(4) The department may deny an application for issuance or renewal of an emergency medical care provider certificate, including endorsement, or may impose any of the disciplinary sanctions provided in subrule 131.7(3) when it finds that the individual or certificate holder has committed any of the following acts or offenses:
a. Negligence in performing emergency medical
care.
b. Failure to follow the
directions of supervising physicians or their designees.
c. Rendering treatment not authorized under
Iowa Code chapter 147A.
d. Patient
abandonment.
e. Fraud in procuring
certification or renewal including, but not limited to:
(1) An intentional perversion of the truth in
making application for a certification to practice in this state;
(2) False representations of a material fact,
whether by word or by conduct, by false or misleading allegations, or by
concealment of that which should have been disclosed when making application
for a certification in this state; or
(3) Attempting to file or filing with the
department or training program any false or forged diploma or certificate or
affidavit or identification or qualification in making an application for a
certification in this state.
f. Professional incompetency. Professional
incompetency includes, but is not limited to:
(1) A substantial lack of knowledge or
ability to discharge professional obligations within the scope of
practice.
(2) A substantial
deviation from the standards of learning or skill ordinarily possessed and
applied by other emergency medical care providers in the state of Iowa acting
in the same or similar circumstances.
(3) A failure to exercise the degree of care
which is ordinarily exercised by the average emergency medical care provider
acting in the same or similar circumstances.
(4) Failure to conform to the minimal
standard of acceptable and prevailing practice of certified emergency medical
care providers in this state.
(5) A
substantial lack of knowledge or ability to discharge professional obligations
within the minimum clinical standards approved by the department.
g. Knowingly making misleading,
deceptive, untrue or fraudulent representations in the practice of the
profession or engaging in unethical conduct or practice harmful or detrimental
to the public. Proof of actual injury need not be established. Acts which may
constitute unethical conduct include, but are not limited to:
(1) Verbally or physically abusing a patient,
coworker or any other individual encountered while a certified emergency
medical care provider.
(2) Improper
sexual contact with or making suggestive, lewd, lascivious or improper remarks
or advances to a patient, coworker or any other individual encountered while
certified as an emergency medical care provider in the state of Iowa.
(3) Betrayal of a professional
confidence.
(4) Engaging in a
professional conflict of interest.
(5) Falsification of medical records,
official documents or other writings or records.
h. Engaging in any conduct that subverts or
attempts to subvert a department investigation.
i. Failure to comply with a subpoena issued
by the department or failure to cooperate with an investigation of the
department.
j. Failure to comply
with the terms of a department order or the terms of a settlement agreement or
consent order.
k. Failure to report
another emergency medical care provider to the department for any violations
listed in these rules, pursuant to Iowa Code chapter 147A.
l. Knowingly aiding, assisting or advising a
person to unlawfully practice EMS.
m. Representing oneself as an emergency
medical care provider when one's certification has been suspended or revoked or
when one's certification is lapsed or has been placed on inactive
status.
n. Permitting the use of a
certification by a noncertified person for any purpose.
o. Mental or physical inability reasonably
related to and adversely affecting the emergency medical care provider's
ability to practice in a safe and competent manner as determined by an
evaluation from a licensed evaluator of the provider's mental or physical
status.
p. Being adjudged mentally
incompetent by a court of competent jurisdiction.
q. Sexual harassment of a patient, student,
coworker or any other individual encountered while certified as an emergency
medical care provider in the state of Iowa. Sexual harassment includes sexual
advances, sexual solicitation, requests for sexual favors, and other verbal or
physical conduct of a sexual nature communicated in person, in writing, via a
third person or through electronic communication.
r. Habitual intoxication or addiction to
drugs.
(1) The inability of an emergency
medical care provider to practice with reasonable skill and safety by reason of
the excessive use of alcohol on a continuing basis.
(2) The excessive use of drugs which may
impair an emergency medical care provider's ability to practice with reasonable
skill or safety.
(3) Obtaining,
possessing, attempting to obtain or possess, or administering controlled
substances without lawful authority.
s. Fraud in representation as to skill,
ability or certification.
t.
Willful or repeated violations of Iowa Code chapter 147A or these
rules.
u. Conviction of a
disqualifying offense. A copy of the guilty plea or order of conviction
constitutes conclusive evidence of conviction.
v. Having certification to practice emergency
medical care suspended or revoked or having other disciplinary action taken by
a licensing or certifying authority of this state or another state, territory
or country. A copy of the record or order of suspension, revocation or
disciplinary action is conclusive or prima facie evidence.
w. Falsifying certification renewal reports
or failure to comply with the renewal audit request.
x. Acceptance of any fee by fraud or
misrepresentation.
y. Repeated
failure to comply with standard precautions for preventing transmission of
infectious diseases as issued by the Centers for Disease Control and Prevention
of the United States Department of Health and Human Services.
z. Violating privacy and confidentiality. An
emergency medical care provider shall not disclose or be compelled to disclose
patient information unless disclosure is required or authorized by
law.
aa. Discrimination. An
emergency medical care provider shall not practice, condone, or facilitate
discrimination against a patient, student, or any other individual encountered
while acting as certified as an emergency medical care provider in the state of
Iowa on the basis of race, ethnicity, national origin, color, sex, sexual
orientation, age, marital status, political belief, religion, mental or
physical disability, diagnosis, or social or economic status.
ab. Practicing emergency medical services or
using a designation of certification or otherwise holding oneself out as
practicing emergency medical services at a certain level of certification when
the emergency medical care provider is not certified at such level.
ac. Failure to respond within 30 days of
receipt, unless otherwise specified, to communication from the department which
was sent by registered or certified mail.
Disclaimer: These regulations may not be the most recent version. Iowa may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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