(1) The Department of Human Services may discipline, as provided in this section, an ambulance service or any person certified as an emergency medical technician or first responder in this state who has:
(a) Admitted the facts of a complaint which alleges facts which establish that such person is guilty of violation of one or more of the grounds for suspension or revocation of a certificate as set forth in ORS 682.220 or that an ambulance service has violated the provisions of this chapter or the rules adopted thereunder.
(b) Been found guilty in accordance with ORS chapter 183 of violation of one or more of the grounds for suspension or revocation of certification as set forth in ORS 682.220 or that an ambulance service has violated the provisions of this chapter or the rules adopted thereunder.
(2) The purpose of disciplining an EMT under this section is to ensure that the EMT will provide services that are consistent with the obligations of this chapter. Prior to taking final disciplinary action, the department shall determine if the EMT has been disciplined for the questioned conduct by the EMTís employer or supervising physician. The department shall consider any such discipline or any other corrective action in deciding whether additional discipline or corrective action by the department is appropriate.
(3) In disciplining an EMT or ambulance service as authorized by subsection (1) of this section, the department may use any or all of the following methods:
(a) Suspend judgment.
(b) Issue a letter of reprimand.
(c) Issue a letter of instruction.
(d) Place the EMT or ambulance service on probation.
(e) Suspend the EMT certificate or ambulance service license.
(f) Revoke the EMT certificate or ambulance service license.
(g) Place limitations on the certificate of the EMT to practice emergency or nonemergency care in this state or place limitations on the license of the ambulance service.
(h) Take such other disciplinary action as the department in its discretion finds proper, including assessment of the costs of the disciplinary proceedings as a civil penalty or assessment of a civil penalty not to exceed $5,000, or both.
(4) In addition to the action authorized by subsection (3) of this section, the department may temporarily suspend a certificate or license without a hearing, simultaneously with the commencement of proceedings under ORS chapter 183 if the department finds that evidence in its possession indicates that a continuation in practice of the EMT or operation of the ambulance service constitutes an immediate danger to the public.
(5) If the department places any EMT or ambulance service on probation as set forth in subsection (3)(d) of this section, the department may determine, and may at any time modify, the conditions of the probation and may include among them any reasonable condition for the purpose of protection of the public and for the purpose of the rehabilitation of the EMT or ambulance service, or both. Upon expiration of the term of probation, further proceedings shall be abated if the EMT or ambulance service has complied with the terms of the probation.
(6) If an EMT certified in this state is suspended, the holder of the certificate may not practice during the term of suspension.
(7) If an ambulance service licensed in this state is suspended, the ambulance service may not operate in this state during the term of the suspension, provided that the department shall condition such suspension upon such arrangements as may be necessary to assure the continued availability of ambulance service in the area served by that ambulance service. Upon expiration of the term of suspension, the certificate or license shall be reinstated by the department if the conditions for which the certificate or license was suspended no longer exist.
(8) Whenever an EMT certificate or ambulance service license is denied or revoked for any cause, the department may, in its discretion, after the lapse of two years from the date of such revocation, upon written application by the person formerly certified or licensed and after a hearing, issue or restore the EMT certificate or ambulance service license.
(9) Civil penalties under this section shall be imposed as provided in ORS 183.745. [Formerly 682.185]Section: Previous 682.205 682.208 682.210 682.212 682.215 682.216 682.220 682.224 682.225 682.235 682.245 682.255 682.265 682.275 682.285 Next
Last modified: August 7, 2008