Iowa Admin. Code r. 641-139.9

Current through Regsiter Vol. 46, No. 26, June 12, 2024
Rule 641-139.9 - Discipline-denial, citation and warning, probation, suspension, or revocation of training program approval or renewal
(1) This rule is not subject to waiver pursuant to 641-Chapter 178 or any other provision of law.
(2) Method of discipline. The department has the authority to impose the following disciplinary sanctions against a training program:
a. Issue a citation and warning.
b. Impose a period of probation under specific conditions.
c. Prohibit permanently, until further order of the department, or for a specific period, a program's ability to engage in specific procedures, methods, acts or activities incident to the practice of the profession.
d. Suspend an authorization until further order of the department or for a specific period.
e. Deny an application for authorization.
f. Revoke an authorization.
g. Impose such other sanctions as allowed by law and as may be appropriate.
(3) The department may impose any of the disciplinary sanctions provided in subrule 139.9(2) when it finds that the training program or applicant has failed to meet the applicable provisions of these rules or has committed any of the following acts or offenses:
a. Fraud in procuring approval or renewal.
b. Falsification or failure to document training or continuing education records.
c. Suspension or revocation of approval to provide emergency medical care training or other disciplinary action taken pursuant to Iowa Code chapter 147A. A certified copy of the record or order of suspension, revocation or disciplinary action is conclusive or prima facie evidence.
d. Engaging in any conduct that subverts or attempts to subvert a department investigation.
e. Failure to respond within 3 0 days of receipt of communication from the department which was sent by registered or certified mail.
f. Failure to comply with a subpoena issued by the department or failure to cooperate with an investigation of the department.
g. Failure to comply with the terms of a department order or the terms of a settlement agreement or consent order.
h. Submission of a false report of continuing education or failure to submit the quarterly report of continuing education.
i. Knowingly aiding, assisting or advising a person to unlawfully practice EMS.
j. Representing itself as an approved training program or continuing education provider when approval has been suspended or revoked or when approval has lapsed or has been placed on inactive status.
k. Using an unqualified individual as an instructor or evaluator.
l. Allowing verbal or physical abuse of a student or staff.
m. Failing to verify registration of a student with the department within the timeline established by the department or allowing an unregistered student to function in a clinical environment.
n. A training program provider or continuing education provider shall not sexually harass a patient, student, or coworker. Sexual harassment includes sexual advances, sexual solicitation, requests for sexual favors, and other verbal or physical conduct of a sexual nature communicated in person, in writing, via a third person or through electronic communication.
o. Betrayal of a professional confidence.
p. Engaging in a professional conflict of interest.
q. Discrimination. A training program or continuing education provider shall not practice, condone, or facilitate discrimination against a patient, student, or supervisee on the basis of race, ethnicity, national origin, color, sex, sexual orientation, age, marital status, political belief, religion, mental or physical disability, diagnosis, or social or economic status.
r. Failure to comply with the 2015 Standards and Guidelines for the Accreditation of Educational Programs in the Emergency Medical Services Professions published by the Commission on Accreditation of Allied Health Education Programs.

Iowa Admin. Code r. 641-139.9

Adopted by IAB August 12, 2020/Volume XLIII, Number 4, effective 9/16/2020
Amended by IAB March 24, 2021/Volume XLIII, Number 20, effective 4/28/2021