N.J. Admin. Code § 8:40A-10.2

Current through Register Vol. 56, No. 8, April 15, 2024

Section 8:40A-10.2 - Enforcement actions

(a) The Commissioner, or his or her designee, may summarily suspend a person's EMT-Basic and/or EMT-Instructor certification when, in his or her opinion, the continued certification of that person poses an immediate or serious threat to the public health, safety or welfare.

1. A person whose EMT-Basic and/or EMT-Instructor certification has been summarily suspended shall have the right to apply for emergency relief, as provided for at 8:40A-10.3(a).

(b) The Commissioner, or his or her designee, may issue a formal written warning, impose a monetary penalty, place on probation, suspend, revoke and/or refuse to issue or renew the certification of any EMT-Basic or EMT-Instructor for violation of any of the rules set forth in this chapter. This includes, but is not limited to:

1. Demonstrated incompetence or inability to provide adequate services;

2. Deceptive or fraudulent procurement of certification or recertification credentials and/or documentation;

3. Negligent practice;

4. Acting beyond the approved scope of practice of an EMT-Basic;

5. Abuse or abandonment of a patient;

6. Rendering of services while under the influence of any substance that substantially compromises a person's decision-making abilities (including, but not limited to, alcohol or narcotics);

7. Operation of any emergency medical services vehicle (including, but not limited to, an MAV, BLS ambulance or SCTU) in a reckless or grossly negligent manner or while under the influence of any substance that substantially compromises a person's decision-making abilities (including, but not limited to, alcohol or narcotics);

8. Unauthorized disclosure of medical or other confidential patient information;

9. Willful preparation or filing of false medical reports, or the inducement of others to do so;

10. Destruction of medical records, including but not limited to, patient care reports or other records or reports required by the Department;

11. Refusal to respond to a call or to render medical services while on duty because of a patient's race, sex, creed, national origin, sexual preference, age, disability, medical condition or ability to pay;

12. Conviction of any crime;

13. Conviction of any disorderly persons offense;

14. Conviction of a petty disorderly persons offense involving the possession, utilization, sale and/or distribution of any controlled dangerous substance; representing a risk of harm to the health, safety or welfare of patients; and/or involving patient abuse or patient neglect;

15. Entry into a pre-trial intervention, conditional discharge, or other diversionary program;

16. Misuse, misappropriation or theft of any drug, medication or equipment;

17. Willful obstruction of any investigation and/or representative of the Department or other agency empowered to enforce the provisions of this chapter or any applicable law, rule and/or regulation;

18. Failure to comply with any of the patient reporting requirements of this chapter;

19. Suspension or revocation of EMT-Basic or EMT-Paramedic certification, or any similar or advanced medical certification or license issued by the State of New Jersey or any other state, agency, authority or governmental entity;

20. Making verbal and/or physical threats against any person while acting in the capacity of an EMT-Basic;

21. Making material misrepresentations or providing false information on the NREMT-Basic Certification Examination and/or an application for EMT-Basic, EMT-Instructor or EMT-Paramedic certification or recertification;

22. Failure to complete continuing education and performance standards as required by this chapter;

23. Failure to comply with any part of this chapter, any applicable part of N.J.A.C. 8:40 or N.J.A.C. 8:41, or any applicable law, rule and/or regulation; and/or

24. Any other action deemed by the Department to pose a threat to the public health, safety or welfare.

(c) No person shall serve in the capacity of an EMT-Basic on any MAV, BLS ambulance or SCTU once his or her EMT-Basic certification has been revoked. No person shall be enrolled in an EMT-Basic training program once his or her EMT-Basic certification has been revoked.

(d) No person shall serve in the capacity of an EMT-Basic on any MAV, BLS ambulance, MICU, SCTU or AMU while his or her certification is suspended. The suspension shall last for a specified period, and may be followed by a probationary period.

(e) An EMT-Basic who has been placed on probation may be monitored for performance by the Department.

1. A person who has been placed on probation shall operate only when under the direct supervision of an EMT-Basic or EMT-Paramedic. Under no circumstances may a person who has been placed on probation act independently or in conjunction with, or on the same MAV, BLS ambulance or SCTU as, another probationary EMT-Basic.

2. The Department shall have the right to restrict or otherwise limit the scope of practice of the probationer. Failure to meet such conditions or any terms of probation shall be cause for revocation of certification and/or other such action the Department deems appropriate.

(f) Monetary penalties may be imposed in the amount of $ 200.00 per calendar day, per infraction.

1. Violations shall be considered as a single, different occurrence for each calendar day the violation occurs or remains uncorrected.

2. Subsequent violations of the same type may be subject to a penalty of $ 500.00 per calendar day, per infraction.

3. In the event that a person is in arrears of any monetary penalty greater than 60 calendar days, the Department may:

i. Refuse to issue any certification or renewal;

ii. Refer the delinquent account to the Office of the Attorney General for collection; and/or

iii. Take such other action as authorized by law, rule and/or regulation.

(g) The Department shall notify all mobility assistance vehicle services, basic life support ambulance services and specialty care transport services that employ, or are thought to employ, any EMT-Basic against whom an enforcement action is being taken.

(h) No person shall have any action taken against his or her EMT-Basic or EMT-Instructor certification, excluding an emergent situation as described in (a) above, unless that person has first been afforded an opportunity for a hearing in accordance with 8:40A-10.3(a).

(i) Any actions taken under this section shall be separate from any civil, criminal or other judicial proceeding, including actions against licenses of health care professionals issued by other departments or boards. All matters of professional misconduct shall be referred to the appropriate licensing boards, and all matters of a criminal nature shall be forwarded to the appropriate authorities for disposition. Action taken against an EMT-Basic does not preclude any action that may be taken against a mobility assistance vehicle service, basic life support ambulance service or specialty care transport service for the same infraction.

N.J. Admin. Code § 8:40A-10.2