La. Admin. Code tit. 46 § XXXVIII-505

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXXVIII-505 - Proceedings against Licensed EMS Practitioner, Certification Ambulance Operators, Certification EMS Practitioner Applicants or Ambulance Operator Applicants

A. The commission may direct the bureau to deny, revoke, suspend, probate, limit, reprimand, fine or restrict any certification or license to practice as a licensed EMS practitioner or certified ambulance operator; or otherwise discipline an individual in accordance with R.S. 40:1133.7 and R.S. 40:1133.18.

1. In accordance with R.S. 40:1133.9, the commission, through the bureau, may obtain an injunction without bond forbidding any person from violating or continuing to violate any of the applicable provisions of Part II of Chapter 5-C of Title 40 of the Revised Statutes. This injunction shall not be subject to release upon bond.

B. Every individual subjected to disciplinary proceedings shall be afforded an opportunity for a hearing before the commission or its duly appointed hearing officer or committee.

C. A complaint that an individual has engaged in, or is engaging in, any conduct proscribed by R.S. 40:1133.7, 40:1133.10, 40:1133.18, or this Part, may be made by any person, staff, agency or the commission. Such complaints shall be in writing, and on a form prescribed by the commission or affixed to the form prescribed by the commission. However, nothing shall prohibit the bureau or commission from acting upon an allegation or licenses wrongdoing learned of or submitted by other means.

D. Grounds for disciplinary proceedings against a person, individual or licensed EMS practitioner, as applicable, are specified in R.S. 40:1133.7 including, but not limited to, the following:

1. selling or attempting to sell, falsely obtaining or furnishing a person a licensed EMS practitioner document;

2. providing emergency medical services without due regard for the health and safety of clients or patients;

3. has pled guilty, nolo contendere, been convicted of or committed a crime that directly relates to the EMS profession generally or the specific type of EMS license type, permit, or eligibility sought

4. exhibiting incompetency or unfitness by reason of negligence, habit or other cause;

5. exhibiting habitual intemperance in the use of or abuses alcohol or habit-forming drugs

6. aiding or abetting another person in the violation of this Part;

7. exhibiting mental incompetence;

8. deceiving or defrauding the public;

9. exhibiting professional or medical incompetence;

10. exhibiting unprofessional conduct;

11. continuing or recurring practices which fail to meet the standards of EMS care in this state;

12. abandoning a patient;

13. has had a certification or license to practice as an emergency medical services practitioner or to practice as another health care provide denied, revokes, suspended or otherwise restricted;

14. being guilty of moral turpitude;

15. violating or failing to conform to any requirement or provision of this Part; or

16. intentionally falsifying any document related to license, emergency medical services education, or related to the care of the patient

17. aiding or abetting another person in the violation of any conduct proscribed under Paragraphs 1, 2, 3, 4, or 5 of this Subsection.

E. Grounds for disciplinary proceedings against a certified ambulance driver are specified in R.S. 40:1133.18 including, but not limited to, the following:

1. fraud or any misstatement of fact in the procurement of any certification or in any other statement or representation to the bureau or its representatives;

2. has pled guilty, nolo contendere, been convicted of or committed a crime that directly relates to the EMS profession generally or the specific type of EMS license type, permit, or eligibility sought;

3. is unfit or incompetent by reason of negligence, habit, or other cause;

4. is mentally incompetent;

5. is habitually intemperate in the use of or abuses alcohol or habit-forming drugs;

6. is guilty of aiding or abetting another person in violating any provision of this Part;

7. continuing or recurring practices which fail to meet the standards of ambulance operators in this state;

8. endeavors to deceive or defraud the public;

9. is guilty of moral turpitude;

10. has violated any rules and regulations of the commission or the bureau or any provision of this Part;

11. intentional falsification of any document related to the procurement of any certification or license;

12. operating any vehicle in violation of state or local traffic laws;

13. revocation, suspension, or any restriction of the ambulance operator's driver's license;

14. failure to maintain all current ambulance operator training standards as required by the bureau; or

15. has had a certification or license to practice as an ambulance operator denied, revoked, suspended, or otherwise restricted in Louisiana or any other state or territory of the United States.

La. Admin. Code tit. 46, § XXXVIII-505

Promulgated by the Department of Health and Hospitals, Emergency Medical Services Certification Commission, LR 29:1823 (September 2003), Amended by the Department of Health, Office of Public Health, Emergency Medical Services Certification Commission, LR 50252 (2/1/2024), Amended LR 50995 (7/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1133.4(A)(8), R.S. 40:1133.5(9), R.S. 40:1133.9, R.S. 40:1133.10, and R.S. 40:2017.10.