Ariz. Admin. Code § 9-25-409

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

Section R9-25-409 - Enforcement Actions (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. If the Department determines that an applicant or EMCT is not in substantial compliance with applicable laws and rules, under A.R.S. §§ 36-2204 or 36-2211, the Department may:

1. Take the following action against an applicant or EMCT:

a. After notice is provided according to A.R.S. § 36-2211 and, if applicable, A.R.S. Title 41, Chapter 6, Article 10, issue:

i. A decree of censure to the EMCT, or

ii. An order of probation to the EMCT; or

b. After notice and opportunity to be heard is provided according to A.R.S. Title 41, Chapter 6, Article 10:

i. Deny an application,

ii. Suspend the EMCT's certificate, or

iii. Revoke the EMCT's certificate; and

2. Assess civil penalties against the EMCT.

B. In determining which action in subsection (A) is appropriate, the Department shall consider:

1. Prior disciplinary actions;

2. The time interval since a prior disciplinary action, if applicable;

3. The applicant's or EMCT's motive;

4. The applicant's or EMCT's pattern of conduct;

5. The number of offenses;

6. Whether the applicant or EMCT failed to comply with instructions from the Department;

7. Whether interim rehabilitation efforts were made by the applicant or EMCT;

8. Whether the applicant or EMCT refused to acknowledge the wrongful nature of the misconduct;

9. Whether the applicant or EMCT made timely and good-faith efforts to rectify the consequences of the misconduct;

10. The submission of false evidence, false statements, or other deceptive practices during an investigation or disciplinary process;

11. The vulnerability of a patient or other victim of the applicant's or EMCT's conduct, if applicable; and

12. How much control the applicant or EMCT had over the processes or situation leading to the misconduct.

Ariz. Admin. Code § R9-25-409

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 Section repealed; new Section made by final rulemaking at 9 A.A.R. 5372, effective January 3, 2004 (Supp. 03-4).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 expedited rulemaking at 24 A.A.R. 268, effective 1/9/2018.