(a) As used in these Rules, the following definitions apply: - (i) "Abuse" means inappropriate or offensive physical, sexual or verbal contact or interaction with another person. Abuse includes, but is not limited to, the following:
- (A) Physical abuse, which includes conduct by a licensee which causes, by physical contact, physical injury, or serious or protracted impairment of the physical, mental, or emotional condition of a patient, or which causes the likelihood of such injury or impairment. Such conduct includes, but is not limited to, slapping, hitting, kicking, biting, chocking, smothering, shoving, dragging, pinching, punching, shaking, sitting upon, burning, cutting, strangling, striking, using corporal punishment, or throwing objects at a patient. Physical abuse does not include reasonable emergency interventions necessary to protect the safety of any person.
- (B) Psychological abuse, which includes verbal or non-verbal conduct by a licensee, directed to a patient, which insults, denigrates, humiliates, shocks, mocks, threatens, harasses, or alarms the patient. Psychological abuse does not include verbal or nonverbal conduct which has medical or therapeutic purpose or justification; and
- (C) Offensive sexual contact or interaction, which may include, but is not limited to, engaging in, or facilitating sexual contact, exposure, performances, photography or any other form of sexual image collection or dissemination, irrespective of the patient's consent or receptiveness to the conduct.
- (ii) "Deceive the Division" means to withhold information in any form or provide false, inaccurate, or misleading information to the Division.
- (iii) "Emergency," in the context of an emergency license, means an event or circumstance exists that requires the presence of ambulance services, EMRs, EMTs, AEMTs, IEMTs, or Paramedics beyond the number of resources normally available to the area and beyond the control of the local area, such as a disaster, wildland fire, or public health emergency. The need for ambulance services on a routine basis does not constitute an emergency.
- (iv) "Emergency Medical Services" or "EMS" means those organizations, people, and vehicles involved in the provision of medical care in a field environment. Generally, these services provide response to emergency calls for assistance for medical care and may provide medical care at the scene of the response, transport by ambulance to a hospital or other medical facility, and medical care during the transport. EMS primarily relies on the care provided by an EMR, EMT, AEMT, IEMT or Paramedic, but may involve care provided by other professions. This definition shall not be construed as limiting the EMR, EMT, AEMT, IEMT or Paramedic from providing care within their scope of practice in any setting or place of employment.
- (v) "Incompetence" means a lack of, or loss of, skill or knowledge to practice the profession or practicing with negligence, as negligence is defined in this part, on one or more occasions while treating a patient.
- (vi) "Negligence" means a failure to perform, as an ordinary, reasonable, similarly situated license holder licensed at the same level would, as delineated in controlling protocols, curricula, and policies and as demonstrated by an ordinary, reasonable license holder's prevailing standards of practice.
- (vii) "Non-criminal offense" means a finding of inappropriate conduct or misconduct not constituting a criminal offense in any jurisdiction, including, but not limited to, a finding by either a designated governmental authority or a court of law of patient abuse, neglect, mistreatment, or misappropriation of patient property; spousal or intimate partner violence; unpermitted sexual contact; child abuse, neglect or abandonment; abuse, neglect or abandonment of the elderly or other vulnerable persons; vehicle and traffic findings involving reckless or aggressive driving; findings by any governmental entity of diversion of controlled substances from any health care facility, health care provider, or pharmacy; findings involving dishonesty or other unethical conduct; and other abusive acts which compromise the public trust in the profession, regardless of the circumstances, including whether the licensee is acting in the capacity of an EMS provider or "on-duty."
- (viii) "Patient abandonment" means the termination of patient care prior to delivering the patient for medical evaluation or treatment or securing a proper refusal of medical attention in accordance with applicable protocol. Patient abandonment may be effected through means including, but not limited to, leaving a patient unattended after establishing patient contact or leaving a patient to the care of a person licensed at a lower level when the licensee knew or should have known that the patient required a higher level of care.
- (ix) "Prevailing standards of practice" means those clinical or operational standards usually applied in the emergency medical services.
- (x) "Public trust in the profession" means the reasonable trust and confidence held by the public that persons licensed by the Division are competent in the provision of medical care and do not present a threat to the public's person or property.
- (xi) "Reasonable request by the Division" means any request for information or action from the Division to a person or entity in the course of the Division performing its duties.
048-16 Wyo. Code R. § 16-1