(1) upon authorization by the commission, the
bureau may suspend, revoke, or refuse to issue any license, or take other
disciplinary action, in accordance with the provisions of the EMS Act,
Subsection B of of Section
24-10B-5,
NMSA 1978 and the Uniform Licensing Act, Section
61-1-1,
et seq., NMSA 1978, for any of the reasons outlined
below;
(2) if final disciplinary
action is taken against a licensed EMS provider by the bureau, upon
authorization from the commission, the bureau may publish the action in a
periodical or other medium that has statewide distribution, and will notify the
national registry of EMTs of the disciplinary action;
(3) grounds for denial, suspension,
revocation or other disciplinary action are:
(a) misconduct in obtaining
licensure;
(b) fraud, deceit,
misrepresentation in obtaining licensure, including, but not limited to,
cheating on an examination or attempting to subvert the initial or renewal
licensing process;
(c)
unprofessional conduct, whether committed while on duty or off duty, to include
but not limited to, the following:
(i)
dissemination of a patient's health information to individuals not entitled to
such information and where such information is protected by law from
disclosure;
(ii) falsifying or
altering patient records or personnel 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 EMS provider who
is suspected of violating the New Mexico Emergency Medical Services Act or
these rules;
(ix) intentionally
engaging in sexual contact with or toward a patient.
(d) conviction of a felony, when the
conviction relates directly to the profession or the practice of emergency
medical services;
(e) negligence in
the delivery of emergency medical services to include, but not limited to:
(i) practicing outside the standard of care,
scope of licensure or without appropriate medical direction;
(ii) malpractice;
(iii) incompetence, in performance of
pre-hospital emergency medical functions, whether direct patient care or the
administration or management of that care. An EMS provider is under legal duty
to possess and to apply the knowledge, skill and care that is ordinarily
possessed and exercised by other EMS providers of the same licensure status and
required by the generally accepted standards of the profession; the failure to
possess or to apply to a substantial degree such knowledge, skill and care
constitutes incompetence for purposes of disciplinary proceedings. It shall not
be necessary to show that actual harm resulted from the act or omission or
series of acts or omissions, so long as the conduct is of such a character that
harm could have resulted to the patient or to the public;
(iv) patient abandonment: patient abandonment
occurs when the EMS provider has accepted the patient assignment thus
establishing a provider-patient relationship and then severs the relationship
without giving reasonable notice to a qualified person who can make
arrangements for the continuation of care.
(f) unauthorized disclosure of medical or
other confidential information;
(g)
physical or mental incapacity which could result or has resulted in performance
of emergency medical service duties in a manner which endangers the health and
safety of the patient or others;
(h) any demonstrated pattern of alcohol or
other substance abuse; or any single instance of alcohol or substance abuse in
the performance of emergency medical services duties;
(i) failure to successfully complete the
impaired practitioner program; or failure to meet the terms and conditions of
an impaired practitioner agreement;
(j) failure to meet licensure
requirements;
(k) dispensing,
administering, distributing or diversion of controlled substances, other than
those authorized in the scope of practice, as defined in the New Mexico
Controlled Substance Act, Section
30-31-1,
et seq., NMSA 1978;
(l) failure to report revocation, suspension,
denial, or other adverse actions taken in any other state or jurisdiction
affecting the ability to practice emergency medical services;
(m) misrepresentation of the level of
licensure or certification;
(n)
performing duties as a licensed EMT without being licensed by the bureau to
perform the authorized scope of practice for a level of licensure, including
practicing after expiration of a license;
(o) any false, fraudulent, or deceptive
statement in any document connected with the practice of emergency medical
services, including, but not limited to, documents associated with:
(i) initial licensure;
(ii) renewal licensure;
(iii) licensure certificates, wallet cards;
or
(iv) continuing
education.
(p) failure to
cooperate with an investigation, including but not limited to, failure to
furnish the commission or bureau with information requested, or to appear for
an interview as requested;
(q)
inappropriate conduct or negligence by a licensed EMT who is also a registered
instructor-coordinator;
(r) failure
to comply with a judgment and order for child support or a warrant relating to
paternity or child support proceedings issued by a district or tribal court, as
provided in the Parental Responsibility Act, Section
40-5A-1
et seq., NMSA 1978;
(s) failure to notify the bureau in writing
of the entry against the licensee or applicant, at any time in any state or
jurisdiction, of either a felony conviction, or a misdemeanor conviction
involving the use, dispensation, administration or distribution of a drug, the
use of alcohol, sexual contact, or the possession or use of a weapon, within 10
calendar days of the conviction;
(t) intimidating, threatening, or taking any
adverse action against a person for providing information to the bureau or
commission, either directly or through an agent;
(u) impersonating an agent or employee of the
bureau; and
(v) issuing
non-sufficient funds check for the payment of licensing related
fees.
(4) the provisions
of the New Mexico Criminal Offender Employment Act, Section
28-2-1
et seq., NMSA 1978, shall apply to disciplinary actions
proposed pursuant to this rule;
(5)
procedures for enforcement of the Parental Responsibility Act:
(a) the New Mexico human services department
(HSD) shall issue to the bureau a certified list of obligors (meaning persons
who have been ordered to pay child support pursuant to a judgment and order for
support issued by a district or tribal court) not in compliance with their
judgment and order of support;
(b)
upon determination by the bureau that the name and social security number of an
applicant for licensure, a licensed person, or licensee, appears on the
certified list, the bureau shall require that applicants for licensure:
(i) provide a statement of compliance from
HSD to the bureau no later than 48 hours prior to scheduled attendance at a
state EMS examination site; or
(ii)
provide a statement of compliance from HSD to the bureau no later than the
close of business, 60 days from the date of the letter of notification;
or
(iii) if the applicant fails to
provide a statement of compliance, the bureau shall be authorized by the
commission to issue a notice of contemplated action to deny the
application;
(iv) that persons
currently licensed shall provide the bureau with a statement of compliance from
HSD by the earlier of the application for licensure renewal or a specified date
not to exceed 60 days;
(v) if the
licensed person fails to provide the statement of compliance, the bureau shall
be authorized by the commission to issue a notice of contemplated action to
take appropriate action.
(c) upon authorization by the commission to
issue a notice of contemplated action concerning violation of the Parental
Enforcement Act, the bureau shall serve upon an applicant for licensure or
licensee a notice of contemplated action in accordance with the Uniform
Licensing Act stating that the bureau has grounds to take such action, and that
the bureau shall take such action unless the applicant or licensed person mails
a letter (certified mail, return receipt requested) within 20 days after
service of the notice requesting a hearing, or provides the bureau, within 30
days of receipt of the notice of contemplated action, a statement of compliance
from HSD; if the applicant or licensed person disagrees with the determination
of non-compliance, or wishes to come into compliance, the applicant or licensed
person shall contact the HSD child support enforcement division;
(d) in any hearing under this subparagraph,
the following standards shall apply:
(i) a
statement of non-compliance is conclusive evidence that requires the bureau to
take appropriate action, unless the applicant or licensee provides the bureau
with a subsequent statement of compliance, which shall preclude the bureau from
taking any further action under this section;
(ii) when an action is taken against an
applicant or licensee solely because the applicant or licensed person is not in
compliance with a judgment and order for support, the order shall state that
the application, license shall be reinstated upon presentation to the bureau of
a subsequent statement of compliance.
(e) the secretary may also include in the
order any other conditions necessary to comply with requirements for
reapplication and re-issuance of licensure, including, but not limited to,
requiring a surcharge fee of $50, in addition to any other applicable
fees.
(6)
right to
a hearing: in accordance with the provisions of the Uniform Licensing
Act, Sections 61- 1-1,
et seq., NMSA 1978, every applicant or
person licensed, shall be afforded notice and opportunity for a hearing, before
the department shall have authority to take action, the effect of which would
be to deny permission to take an examination for licensure for which
application has been duly made, or to deny, suspend, or revoke a certification
or license, or take other disciplinary action; exception:
(a) right to expedited hearing for an
immediate suspension of a person's license: the person whose license is
immediately suspended may request a hearing before a hearing officer appointed
by the secretary to contest the action, by mailing a certified return receipt
letter addressed to the bureau within 20 days after service of the
notice;
(b) expedited hearing for a
person whose license has been immediately suspended upon receipt of a timely
request for a hearing, the department shall appoint a hearing officer and
schedule a hearing, in accordance with the hearings portion of this
rule.
(7)
records
management: a licensing record is maintained for every licensed EMT in
New Mexico; any request for records maintained by the bureau will be processed
in accordance with the Inspection of Public Records Act; if the bureau begins a
preliminary or formal investigation, a separate confidential record will be
created containing all investigatory material;
(a)
confidentiality: the
commission and the bureau will take every precaution to insure that preliminary
and formal investigations are conducted in a confidential manner; if the
commission authorizes the bureau to initiate an action, all records not exempt
from disclosure under the Inspection of Public Records Act, Sections
14-2-1,
et seq., NMSA 1978, will be placed in the licensee's licensing
record, if one exists;
(b)
records confidentiality: any files or records in the possession of
the bureau, a regional office or a provider containing identifying information
about individuals requesting or receiving treatment or other health services
and any unsubstantiated complaints received by the bureau regarding any
provider shall be confidential and not subject to public inspection; such
files, records and complaints may be subject to subpoena for use in any pending
cause, in any administrative proceeding, or in any of the courts of this state,
unless otherwise provided by state or federal law.