Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Grounds for discipline. The Department may discipline or
impose corrective measures on an EMS provider or an applicant for EMS provider
certification for one or more of the following reasons:
(1) Having a lack of physical or mental
ability to provide adequate EMS, with reasonable accommodations if the person
has a disability.
(2) Deceptively
or fraudulently procuring or representing certification or registration
credentials, or making misleading, deceptive or untrue representations to
secure or aid or abet another person to secure a certification, license,
registration or other authorization issued under this subpart.
(3) Engaging in willful or negligent
misconduct in providing EMS or engaging in practice beyond the scope of
certification authorization without legal authority to do so.
(4) Abusing or abandoning a
patient.
(5) Rendering EMS while
under the influence of alcohol, illegal drugs or the knowing abuse of legal
drugs.
(6) Operating an emergency
vehicle in a reckless manner or while under the influence of alcohol, illegal
drugs or the knowing abuse of legal drugs.
(7) Disclosing medical or other information
about a patient when prohibited by Federal or State law.
(8) Willfully preparing or filing a false
medical report or record or inducing another person to do so.
(9) Destroying a medical report or record
required to be maintained.
(10)
Refusing to render EMS because of a patient's race, sex, creed, national
origin, sexual preference, age, handicap or medical problem or refusing to
render emergency medical care because of a patient's financial inability to
pay.
(11) Failing to comply with
Department-approved EMS protocols.
(12) Failing to comply with reporting
requirements imposed by the act or this subpart.
(13) Practicing without the current
registration of a certification.
(14) Being convicted of a felony, a crime
related to the practice of the EMS provider or a crime involving moral
turpitude.
(15) Willfully
falsifying or failing to prepare an EMS PCR or complete details on an EMS
PCR.
(16) Misappropriating drugs or
EMS agency property.
(17) Having a
certification or other authorization to practice a profession or occupation
revoked, suspended or subjected to other disciplinary sanction.
(18) Violating, aiding or abetting another
person to violate a duty imposed by the act, this subpart or an order of the
Department previously entered in a disciplinary proceeding.
(19) Based upon a finding of misconduct by
the relevant Federal or State agency, having been excluded from a Federal or
State health care program or having had equity or capital stock or profits of
an entity equal to 5% or more of the value of the property or assets of the
entity when it was excluded from a Federal or State health care
program.
(20) Any other reason as
determined by the Department that poses a threat to the health and safety of
the public.
(b)
Types of discipline authorized. If disciplinary action or
corrective action is appropriate under subsection (a), the Department may do
one or more of the following:
(1) Deny an
application for certification or registration of the certification.
(2) Issue a public reprimand.
(3) Revoke, suspend, limit or otherwise
restrict the certification.
(4)
Require the person to take refresher or other educational courses.
(5) Impose a civil money penalty not
exceeding $1,000 for each incident in which the EMS provider engages in conduct
that constitutes a basis for discipline.
(6) Stay enforcement of a suspension,
revocation or other discipline and place the individual on probation with the
right to vacate the probationary order for noncompliance.
(c)
Denial of registration.
The Bureau will not deny a registration of an EMS provider certification
without giving the EMS provider prior notice of the reason for the denial and
providing an opportunity for a hearing. If the reason for the denial is the
failure of the EMS provider to present prima facie evidence that the continuing
education or examination requirement for registration has been satisfied, the
opportunity for a hearing may occur after the prior registration has
expired.
This section cited in 28 Pa. Code §
1027.3 (relating to licensure and
general operating standards); 28 Pa. Code §
1031.6 (relating to temporary
suspension of EMS provider and EMS vehicle operator certifications); and 28 Pa.
Code §
1031.7 (relating to discipline of
EMS instructors).
