6 Colo. Code Regs. § 1015-3-1-7
Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1015-3-1-7 - Disciplinary Sanctions and Appeal Procedures for EMS Provider Certification, EMS Provider Licensure, or EMR Registration7.1 For good cause, the Department may deny, revoke, suspend, limit, modify, or refuse to renew an EMS provider certificate or license or EMR registration, may impose probation on an EMS provider certificate holder, licensee, or registration holder, or may issue a letter of admonition in accordance with the State Administrative Procedure Act, Section 24-4-101, et seq., C.R.S.7.2 Good cause for disciplinary sanctions listed above shall include, but not be limited to: 7.2.1 Failing to meet the requirements of these rules pertaining to issuance and renewal of certification, licensure, or registration.7.2.2 Engaging in fraud, misrepresentation, or deception when applying for or securing certification, licensure, or registration.7.2.3 Aiding and abetting in the procurement of certification, licensure, or registration for any person not eligible for certification, licensure, or registration.7.2.4 Utilizing NREMT certification that has been illegally obtained, suspended or revoked, to obtain a state certification, licensure, or registration.7.2.5 Unlawfully using, possessing, dispensing, administering, or distributing controlled substances.7.2.6 Driving an emergency vehicle in a reckless manner, or while under the influence of alcohol or other performance altering substances.7.2.7 Responding to or providing patient care while under the influence of alcohol or other performance altering substances.7.2.8 Demonstrating a pattern of alcohol or other substance abuse.7.2.9 Materially altering any Department certificate, license, or registration, or using and/or possessing any such altered certificate, license, or registration.7.2.10 Having any certificate, license, or registration related to patient care suspended or revoked in Colorado or in another state or country.7.2.11 Unlawfully discriminating in the provision of services.7.2.12 Representing qualifications at any level other than the person's current EMS provider certification or licensure level.7.2.13 Representing oneself to others as a certificate or license holder or providing medical care without possessing a current and valid certificate or license issued by the Department.7.2.14 Representing oneself to others as a registered EMR without being currently registered with the Department.7.2.15 Failing to follow accepted standards of care in the management of a patient, or in response to a medical emergency.7.2.16 Failing to administer medications or treatment in a responsible manner in accordance with the medical director's orders or protocols.7.2.17 Failing to maintain confidentiality of patient information.7.2.18 Failing to provide the Department with the current place of residence or failing to promptly notify the Department of a change in current place of residence or change of name.7.2.19 Engaging in a pattern of behavior that demonstrates routine response to medical emergencies without being under the policies and procedures of a designated emergency medical response agency and/or providing patient care without medical direction when required.7.2.20 Performing medical acts not authorized by the Rules Pertaining to EMS Practice and Medical Director Oversight and in the absence of other lawful authorization to perform such medical acts.7.2.21 Performing medical acts requiring an EMS provider certification or license while holding only a valid EMR registration.7.2.22 Failing to provide care or discontinuing care when a duty to provide care has been established.7.2.23 Appropriating or possessing without authorization medications, supplies, equipment, or personal items of a patient or employer.7.2.24 Falsifying entries or failing to make essential entries in a patient care report, EMS or EMR education document, or medical record.7.2.25 Falsifying or failing to comply with any collection or reporting required by the state.7.2.26 Failing to comply with the terms of any agreement or stipulation regarding certification, licensure, or registration entered into with the Department.7.2.27 Violating any state or federal statute or regulation, the violation of which would jeopardize the health or safety of a patient or the public.7.2.28 Engaging in unprofessional conduct at the scene of an emergency that hinders, delays, eliminates, or deters the provision of medical care to the patient or endangers the safety of the public.7.2.29 Failure by a certificate or license holder or registered EMR to report to the Department any violation by another certificate or license holder or registered EMR of the good cause provisions of this Section when the certificate or license holder knows or reasonably believes a violation has occurred.7.2.30 Committing or permitting, aiding or abetting the commission of an unlawful act that substantially relates to performance of a certificate or license holder or registered EMR's duties and responsibilities as determined by the Department.7.2.31 Committing patient abuse including the willful infliction of injury, unreasonable confinement, intimidation, or punishment, with resulting physical harm, pain, or mental anguish, or patient neglect, including the failure to provide goods and services necessary to attain and maintain physical and mental well-being.7.2.32 With respect to EMS certificate holders and licensees, failing to attend or complete a peer health assistance program as provided in Section 25-3.5-208(9), C.R.S.7.2.33 Holding oneself out as a certificate holder or licensee after certification or licensure has expired, except as provided in Section 5.3.1.A , including offering or performing, whether or not for compensation, either any services included in these rules or any authorized acts permitted by the Rules Pertaining to EMS Practice and Medical Director Oversight.7.3 Good cause for disciplinary sanctions also includes conviction of, or a plea of guilty, or of no contest, to a felony or misdemeanor that relates to the duties and responsibilities of a certificate, license or registration holder, including patient care and public safety. For purposes of this Paragraph, "conviction" includes the imposition of a deferred sentence. 7.3.1 The following crimes set forth in the Colorado Criminal Code (Title 18, C.R.S.) are considered to relate to the duties and responsibilities of a certificate or license holder: A) Offenses under Article 3 - offenses against a person.B) Offenses under Article 4 - offenses against property.C) Offenses under Article 5 - offenses involving fraud.D) Offenses under Article 6 - offenses involving the family relations.E) Offenses under Article 6.5 - wrongs to at-risk adults.F) Offenses under Article 7 - offenses related to morals.G) Offenses under Article 8 - offenses - governmental operations.H) Offenses under Article 9 - offenses against public peace, order and decency.I) Offenses under Article 17 - Colorado Organized Crime Control Act.J) Offenses under Article 18 - Uniform Controlled Substances Act of 2013.7.3.2 The offenses listed above are not exclusive. The Department may consider other pleas or criminal convictions, including those from other state, federal, foreign or military jurisdictions.7.3.3 In determining whether to impose disciplinary sanctions based on a plea or on a felony or misdemeanor conviction, the Department may consider, but is not limited to, the following information:A) The nature and seriousness of the crime including but not limited to whether the crime involved violence to or abuse of another person and whether the crime involved a minor or a person of diminished capacity;B) The relationship of the crime to the purposes of requiring a certificate, license, or registration;C) The relationship of the crime to the ability, capacity or fitness required to perform the duties and discharge the responsibilities of a certified or licensed EMS provider or registered EMR; andD) The time frame in which the crime was committed.7.4 Appeals 7.4.1 If the Department denies certification, licensure, or registration, the Department shall provide the applicant with notice of the grounds for denial and shall inform the applicant of the applicant's right to request a hearing.A) A request for a hearing shall be submitted to the Department in writing within sixty (60) calendar days from the date of the notice.B) If a request for a hearing is made, the hearing shall be conducted in accordance with the State Administrative Procedure Act, Section 24-4-101, et seq., C.R.S.C) If the applicant does not request a hearing in writing within sixty (60) calendar days from the date of the notice, the applicant is deemed to have waived the opportunity for a hearing.7.4.2 If the Department proposes disciplinary sanctions as provided in this Section, the Department shall notify the certificate, license, or registration holder by first class mail to the last address furnished to the Department by the certificate, license, or registration holder. The notice shall state the alleged facts and/or conduct warranting the proposed action and state that the certificate, license, or registration holder may request a hearing.A) The certificate, license, or registration holder shall file a written answer within thirty (30) calendar days of the date of mailing of the notice.B) A request for a hearing shall be submitted to the Department in writing within thirty (30) calendar days from the date of mailing of the notice.C) If a request for a hearing is made, the hearing shall be conducted in accordance with the State Administrative Procedure Act, Section 24-4-101, et seq., C.R.S.D) If the certificate, license, or registration holder does not request a hearing in writing within thirty (30) calendar days of the date of mailing of the notice, the certificate, license, or registration holder is deemed to have waived the opportunity for a hearing.7.4.3 If the Department summarily suspends a certificate, license, or registration, the Department shall provide the certificate, license, or registration holder notice of such in writing, which shall be sent by first class mail to the last address furnished to the Department by the certificate, license, or registration holder. The notice shall state that the certificate, license, or registration holder is entitled to a prompt hearing on the matter. The hearing shall be conducted in accordance with the State Administrative Procedure Act, Section 24-4-101, et seq., C.R.S.7.4.4 If the Department summarily suspends the certification or license of any EMS provider pursuant to Section 25-3.5-208(9), C.R.S., and Section 7.2.32 of these rules, the EMS provider may submit a written request to the Department for a formal hearing. The written request must be submitted within two (2) days after receiving notice of the suspension. The certificate or license holder shall have the burden of proving that the certificate or license holder's certification or licensure should not be suspended. The hearing shall be conducted in accordance with Section 24-4-105, C.R.S.37 CR 12, June 25, 2014, effective 5/21/201437 CR 12, June 25, 2014, effective 7/15/201437 CR 22, November 25, 2014, effective 12/15/201438 CR 24, December 25, 2015, effective 1/14/201640 CR 10, May 25, 2017, effective 7/1/201740 CR 20, October 25, 2017, effective 1/1/201840 CR 21, November 10, 2017, effective 1/1/201841 CR 23, December 10, 2018, effective 1/14/201943 CR 22, November 25, 2020, effective 1/1/202144 CR 23, December 10, 2021, effective 12/30/202145 CR 10, May 25, 2022, effective 6/14/2022