36-2211. Grounds for censure, probation,
suspension or revocation of emergency medical technician
certificate; proceedings; civil penalty; judicial review
A. The medical director of emergency medical services, on behalf of the director,
may censure or place on probation an emergency medical technician or suspend or revoke
the certificate issued to any emergency medical technician pursuant to this article for
any of the following causes:
1. Unprofessional conduct.
2. Conviction of, a plea of guilty or no contest to or admission in a court
proceeding to the elements of a felony or of a misdemeanor involving moral turpitude
during the time that a person is certified as an emergency medical technician. The record
of conviction or a copy of such record certified by the clerk of the court or by the
judge by whom the person was sentenced is conclusive evidence of such conviction.
3. Physical or mental incompetence to provide emergency medical services as an
emergency medical technician.
4. Gross incompetence or gross negligence in the provision of emergency medical
services as an emergency medical technician.
5. Wilful fraud or misrepresentation in the provision of emergency medical services
as an emergency medical technician or in the admission to such practice.
6. Use of any narcotic or dangerous drug or intoxicating beverage to an extent that
the use impairs the ability to safely conduct the provision of emergency medical services
as an emergency medical technician.
7. The wilful violation of this chapter or the rules adopted pursuant to this
chapter.
B. The medical director of emergency medical services on the medical director's own
motion may investigate any evidence which appears to show the existence of any of the
causes set forth in subsection A of this section. The medical director of emergency
medical services shall investigate the report under oath of any person which appears to
show the existence of any of the causes set forth in subsection A of this section. Any
person reporting pursuant to this section who provides the information in good faith is
not subject to liability for civil damages as a result.
C. If, in the opinion of the medical director of emergency medical services, it
appears the information is or may be true, the medical director of emergency medical
services shall request an informal interview with the emergency medical technician. The
interview shall be requested by the medical director of emergency medical services in
writing, stating the reasons for the interview and setting a date not less than ten days
from the date of the notice for conducting the interview. The written request for an
interview shall also state that if the medical director finds that cause exists for
censure or probation or the suspension or revocation of the certificate the medical
director may impose a civil penalty of not more than three hundred fifty dollars for each
occurrence of cause as provided in subsection A of this section. The request for an
interview shall also state that each day a cause for discipline exists constitutes a
separate offense.
D. Following the investigation, including an informal interview if requested, and
together with such mental, physical or professional competence examination as the medical
director of emergency medical services deems necessary, the medical director of emergency
medical services may proceed in the following manner:
1. If the medical director of emergency medical services finds that the evidence
obtained pursuant to subsections B and C of this section does not warrant censure or
probation of the emergency medical technician or suspension or revocation of a
certificate, the medical director of emergency medical services shall notify the
emergency medical technician and terminate the investigation.
2. If the medical director of emergency medical services finds that the evidence
obtained pursuant to subsections B and C of this section does not warrant suspension or
revocation of a certificate but does warrant censure or probation, the medical director
of emergency medical services may do either of the following:
(a) Issue a decree of censure.
(b) Fix such period and terms of probation best adapted to protect the public
health and safety and rehabilitate and educate the emergency medical technician. Failure
to comply with any probation is cause for filing a complaint and holding a formal hearing
as provided in paragraph 3 of this subsection.
3. If the medical director of emergency medical services finds that the evidence
obtained pursuant to subsections B and C of this section warrants suspension or
revocation of a certificate issued under this article, or if the emergency medical
technician under investigation refuses to attend the informal interview authorized in
subsection C of this section, a complaint shall be issued and formal proceedings shall be
initiated. All proceedings pursuant to this paragraph shall be conducted in accordance
with title 41, chapter 6, article 10.
E. If after a hearing as provided in this section any cause for censure, probation,
suspension or revocation is found to exist, the emergency medical technician is subject
to censure or probation or suspension or revocation of the certificate or any combination
of these for such period of time or permanently and under such conditions as the medical
director of emergency medical services deems appropriate.
F. In addition to other disciplinary action provided pursuant to this section, the
medical director of emergency medical services may impose a civil penalty of not more
than three hundred fifty dollars for each occurrence of cause as provided in subsection A
of this section not to exceed twenty-five hundred dollars. Each day that cause for
discipline exists constitutes a separate offense. All monies collected pursuant to this
subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state
general fund.
G. Except as provided in section 41-1092.08, subsection H, final decisions of the
medical director of emergency medical services are subject to judicial review pursuant to
title 12, chapter 7, article 6.
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