Kansas Administrative Regulations
Agency 109 - BOARD OF EMERGENCY MEDICAL SERVICES
Article 16 - GRADUATED SANCTIONS
Section 109-16-1 - Graduated sanctions
Universal Citation: KS Admin Regs 109-16-1
Current through Register Vol. 43, No. 12, March 20, 2024
(a) The following documents of the Kansas board of emergency medical services, dated April 10, 2013, are hereby adopted by reference:
(1)
"Graduated sanctions for attendants"; and
(2) "graduated sanctions for
operators."
(b) For purposes of applying the tables of graduated sanctions for EMS providers and operators, the following sanction levels shall apply:
(1) "Sanction level 1" means that the local
action taken by the operator of the ambulance service, or its designee, is
approved and accepted by the board's investigations committee.
(2) "Sanction level 2" means the modification
of a certificate or permit by the imposition of conditions.
(3) "Sanction level 3" means the limitation
of a certificate or permit.
(4)
"Sanction level 4" means the suspension of a certificate or permit for less
than three months.
(5) "Sanction
level 5" means the suspension of a certificate or permit for three months or
more.
(6) "Sanction level 6" means
the revocation of a certificate or permit.
(c) When the investigations committee is determining the appropriate sanction level, the following mitigating and aggravating circumstances, if applicable, shall be taken into consideration:
(1) The number of violations involved in the
current situation;
(2) the degree
of harm inflicted or the potential harm that could have been
inflicted;
(3) any previous
violations or the absence of previous violations;
(4) the degree of cooperation with the
board's investigation;
(5) evidence
that the violation was a minor or technical violation, or a serious or
substantive violation;
(6) evidence
that the conduct was intentional, knowing, or purposeful or was inadvertent or
accidental;
(7) evidence that the
conduct was the result of a dishonest, selfish, or criminal motive;
(8) evidence that the EMS provider or
operator refused to acknowledge or was willing to acknowledge the wrongful
nature of that person's conduct;
(9) the length of experience as an EMS
provider or operator; and
(10)
evidence that any personal or emotional problems contributed to the
conduct.
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