(1) if the bureau takes final disciplinary
action against an EMS agency or applicant, the bureau may publish notice of the
action in a periodical, internet website, or other medium that has statewide
distribution;
(2) the bureau may
take immediate action to suspend an EMS agency's certification to prevent the
EMS agency from operating in New Mexico if the bureau determines that the
health and safety of the public would be jeopardized if it did not take such
action; the suspended EMS agency shall be afforded the right to an expedited
hearing in accordance with this rule;
(3) the bureau may take disciplinary action
against an EMS agency, or may refuse to distribute EMS fund monies to an EMS
agency, for any of the following reasons:
(a)
knowingly allowing a person to perform emergency medical services in the state
of New Mexico when the person is not licensed or otherwise authorized by the
department of health to perform emergency medical services;
(b) any instance of inappropriate billing
practices, including but not limited to the following:
(i) administering unnecessary treatment or
supplies to a patient for the purpose of increasing the patient's
bill;
(ii) charging for treatment
or supplies not actually provided to a patient; and
(iii) engaging in medicare or medicaid
fraud;
(c) financial
insolvency of the EMS agency;
(d)
fraud, deceit, or misrepresentation by an EMS agency in obtaining
certification, including but not limited to misrepresentation during the
initial or renewal certification process;
(e) expenditure of EMS fund monies in any
manner or for any purpose not authorized by the bureau, or in any manner
prohibited by the EMS Fund Act, NMSA 1978, Section
24-10A-1
et seq., or applicable rules (see 7.27.4 NMAC);
(f) loss of federal drug enforcement
administration or NM board of pharmacy licensure or failure to notify the
bureau of such loss of licensure;
(g) failure to ensure that the EMS agency
receives and complies with medical direction that conforms to applicable
medical direction guidelines (see 7.27.3 NMAC);
(h) failure to pay required certification
fees or to pay an outstanding balance owed to the bureau;
(i) operating as an EMS agency in the state
of New Mexico for any period of time without holding valid certification from
the bureau, unless the EMS agency previously obtained an applicable waiver from
the bureau;
(j) failure to
implement reasonable infection control practices, failure to maintain a clean
and hygienic work environment, or failure to properly maintain and dispose of
biohazard material;
(k) failure to
make a required submission to the bureau, including but not limited to the
submission of patient run report data;
(l) permitting an individual who is not a
student at bureau-approved or CoAEMSP-accredited EMS training program to
perform as an intern with the EMS agency;
(m) the conviction of an EMS agency's
principals of a felony or a misdemeanor, as shown by a copy of the record of
the court conviction;
(n) failure
of an EMS agency's principals to notify the bureau upon learning that an EMS
provider has been convicted of a felony or misdemeanor while employed by the
EMS agency;
(o) failure of an EMS
agency to cooperate with a bureau investigation, including but not limited to
failure to furnish the bureau with requested information, or failure of agency
personnel to appear at an interview as requested;
(p) attempting, either directly or through an
agent, to intimidate, threaten, injure or take any adverse action against a
person for providing information to the bureau;
(q) conduct on the part of EMS agency
personnel that constitutes a significant threat to the health or safety of
individuals receiving emergency care;
(r) negligence on the part of EMS agency
personnel in the delivery of emergency medical services, including but not
limited to the following:
(i) malpractice or
substandard medical care or treatment;
(ii) incompetence;
(iii) abandonment;
(iv) practicing without a valid NM EMT
license; or performing outside an applicable standard of care/scope of
practice;
(v) failure to retain,
transport or use required equipment, or inappropriate use of equipment during
treatment or transport of patients; or
(vi) unauthorized disclosure of medical or
other confidential information;
(s) unprofessional conduct on the part of EMS
agency personnel, including but not limited to the following:
(i) dissemination of a patient's health
information to individuals not entitled to such information where such
information is protected by law from disclosure;
(ii) falsification or alteration of patient
records or EMS agency records;
(iii) misappropriation of money, drugs or
property;
(iv) obtaining or
attempting to obtain any fee for patient services for one's self or for another
through fraud, misrepresentation, or deceit;
(v) aiding, abetting, assisting or hiring an
individual to violate the EMS Act or these duly promulgated rules;
(vi) failure to follow established procedure
and documentation regarding controlled substances;
(vii) failure to make or keep accurate,
intelligible entries in records as required by law, policy and standards for
the practice of pre-hospital emergency care;
(viii) failure to report an EMT who is
suspected of violating the New Mexico EMS Act (NMSA 1978, Section
24-10B-4) or New
Mexico licensing rules for EMS personnel (7.27.2 NMAC);
(ix) intentionally engaging in sexual contact
with or toward a patient;
(t) failure of EMS agency personnel to report
revocation, suspension, denial, or other adverse action relating to a license,
permit, designation or certification taken in any other state or jurisdiction
affecting the ability to provide emergency medical services in that
state;
(u) the making of any false,
fraudulent, or deceptive statement by EMS agency personnel in any document
connected with EMS agency operations;
(v) the dispensation, administration, or
distribution of any controlled substance (as defined in the New Mexico
Controlled Substances Act, NMSA 1978, Section
30-31-1
et seq., other than a controlled substance authorized in an
applicable scope of practice, by EMS agency personnel;
(w) willful and deliberate failure of EMS
agency personnel to respond to a call;
(x) willful and deliberate failure of EMS
agency personnel to transport a patient when required;
(y) except as otherwise provided in this
rule, failure of EMS agency personnel to deliver a patient to the most
appropriate medical facility as determined by the medical director, dependent
upon the patient's medical needs; and
(z) failure to comply with any requirement of
this rule;
(4) denial of
certification for failure to properly apply or failure to pay a required fee
shall not constitute a disciplinary action for purposes of this section, and
shall not entitle an applicant to a hearing;
(5) the bureau's refusal to distribute EMS
fund monies to an EMS agency shall not constitute a "disciplinary action" for
purposes of this section, and an EMS agency that is refused a distribution of
EMS fund monies shall not be entitled to a hearing under this section; an EMS
agency may appeal the bureau's determination to refuse a distribution of EMS
fund monies by following the appeal provisions of the EMS Fund Act rule, 7.27.4
NMAC.