Ala. Admin. Code r. 420-2-1-.29

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-2-1-.29 - Standards Of Conduct

(1) A licensed EMSP shall perform his or her job duties and responsibilities in a manner that reflects the highest ethical and professional standards of conduct. Actions that are in violation of the standard of conduct will be considered misconduct and are subject to immediate disciplinary action, up to and including license revocation.

(2) Misconduct is defined as:

(a) Making a false, fraudulent, or forged statement or document, including but not limited to, a report of continuing education requirements, a run report, a patient care record, EMSP student record, clinical rotation record, intent to train form, self-study document, fluid and drug application, physician medication order form, or any other document that is material to the duties and qualifications of the EMSP or those of a student in an EMSP training program and which is fraudulent or knowingly false in any respect; or, performing any dishonest act in connection with any official documents required by the Board or an emergency medical services education program.

(b) Being convicted of a felony or a crime involving moral turpitude.

(c) Being currently charged with any crime that may jeopardize public safety.

(d) Disregarding an appropriate order by a physician concerning emergency treatment or transportation without justification.

(e) While on duty at the scene of an accident or illness, refusing to administer emergency care when appropriate.

(f) After initiating care of a sick or injured patient, discontinuing care or abandoning the patient without the patient's consent or without transferring patient care to an appropriate medical personnel.

(g) By act or omission and without mitigating circumstance, contributing to or furthering the injury or illness of a patient under his or her care.

(h) Being careless, reckless, or irresponsible in the operation of an emergency vehicle.

(i) Exceeding his or her scope of practice.

(j) Providing care to a patient under his or her care which falls short of the standard of care which ordinarily would be expected to be provided by similarly situated EMSP, thereby jeopardizing the life, health, or safety of a patient.

(k) Observing substandard care by another EMSP without documenting the event and notifying the appropriate authority.

(l) Providing services while his or her license is suspended, revoked, or lapsed for failure to renew.

(m) Failing to complete remedial training or other courses of action as directed by the Board as a result of an investigation.

(n) Having been charged with the physical or sexual abuse of an individual.

(o) Being convicted of committing fraud in the performance of his or her duties.

(p) Not cooperating with, or providing false information to the Board and/or its representatives during the course of any investigation or inspection.

(q) Providing services while under the influence of alcohol or drugs.

(r) Taking action that would jeopardize the health and safety of a patient including, but not limited to, the abandonment or mistreatment of a patient.

(s) Violating the confidentiality of any patient records or information.

(t) Performing any act requiring licensure or certification under state EMS statutes or these rules without possession of the requisite licensure or certification.

(u) Violating the provisions of Chapter 22-18 of the Code of Ala. 1975, or the rules of the Board.

(v) Disregarding a duty to act.

(w) Executing a dereliction of duty.

(x) Posing a danger to public health or safety.

(y) Diversion of, or tampering with, a medication or controlled substance with or without a criminal charge for such actions.

(z) The use of any tobacco products, including cigarettes, e-cigarettes, vapes of any type, and smokeless tobacco, or under the influence of alcohol or drugs while operating or riding in an ambulance or while providing patient care.

(3) Any adverse action related to licensed personnel shall be reported by the OEMS, as required, to the National Practitioner Data Bank, in accordance with federal law, as well as the National Registry of Emergency Medical Technicians.

Ala. Admin. Code r. 420-2-1-.29

New Rule: Filed April 20, 2011; effective May 25, 2011.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 06, March 31, 2017, eff. 4/30/2017.

Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 05, February 28, 2019, eff. 4/7/2019.

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 07, April 30, 2020, eff. 6/14/2020.

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 05, February 28, 2022, eff. 4/14/2022.

Rule 420-2-1-.19 was renumbered 420-2-1-.29 as per certification Filed February 20, 2019; effective April 7, 2019.

Authors: William Crawford, M.D.; Jamie Gray

Statutory Authority:Code of Ala. 1975, § 22-18-1, et seq.