Ariz. Admin. Code § 9-25-408

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-25-408 - Unprofessional Conduct; Physical or Mental Incompetence; Gross Incompetence; Gross Negligence (Authorized by A.R.S. Sections 36-2202(A)(2), (A)(3), (A)(4), (A)(6), and (H), 36-2204(1), (6), and (7), and 36-2211)

A. For purposes of A.R.S. § 36-2211(A)(1), unprofessional conduct is an act or omission made by an EMCT that is contrary to the recognized standards or ethics of the Emergency Medical Technician profession or that may constitute a danger to the health, welfare, or safety of a patient or the public, including:

1. Impersonating an EMCT of a higher level of certification or impersonating a health professional as defined in A.R.S. § 32-3201;

2. Permitting or allowing another individual to use the EMCT's certification for any purpose;

3. Aiding or abetting an individual who is not certified according to this Chapter in acting as an EMCT or in representing that the individual is certified as an EMCT;

4. Engaging in or soliciting sexual relationships, whether consensual or non-consensual, with a patient while acting as an EMCT;

5. Physically or verbally harassing, abusing, threatening, or intimidating a patient or another individual while acting as an EMCT;

6. Making false or materially incorrect entries in a medical record or willful destruction of a medical record;

7. Failing or refusing to maintain adequate records on a patient;

8. Soliciting or obtaining monies or goods from a patient by fraud, deceit, or misrepresentation;

9. Aiding or abetting an individual in fraud, deceit, or misrepresentation in meeting or attempting to meet the application requirements for EMCT certification or EMCT recertification contained in this Article, including the requirements established for:

a. Completing and passing a course provided by a training program; and

b. The national certification organization examination process and national certification organization registration process;

10. Providing false information or making fraudulent or untrue statements to the Department or about the Department during an investigation conducted by the Department;

11. Being incarcerated or being placed on parole, supervised release, or probation for any criminal conviction;

12. Being convicted of a misdemeanor identified in R9-25-402(E), which has not been absolutely discharged, expunged, or vacated;

13. Having national certification organization registration revoked or suspended by the national certification organization for material noncompliance with national certification organization rules or standards; and

14. Having certification, recertification, or licensure at an EMCT classification level revoked or suspended in another state or jurisdiction.

B. Under A.R.S. § 36-2211, physical or mental incompetence of an EMCT is the EMCT's lack of physical or mental ability to provide emergency medical services as required under this Chapter.

C. Under A.R.S. § 36-2211 gross incompetence or gross negligence is an EMCT's willful act or willful omission of an act that is made in disregard of an individual's life, health, or safety and that may cause death or injury.

Ariz. Admin. Code § R9-25-408

Adopted effective October 15, 1996 (Supp. 96-4). Section repealed; new Section made by final rulemaking at 9 A.A.R. 5372, effective January 3, 2004 (Supp. 03-4). Amended by final rulemaking at 12 A.A.R. 4404, effective January 6, 2007 (Supp. 06-4). Amended by expedited rulemaking at 24 A.A.R. 268, effective 1/9/2018.