N.J. Admin. Code § 8:41A-5.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:41A-5.2 - Enforcement actions

(a) The Commissioner, or his or her designee, may summarily suspend a person's EMT-Paramedic 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-Paramedic certification has been summarily suspended shall have the right to apply for emergency relief, as provided for at 8:41A-5.3(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-Paramedic for violation of any of the rules set forth in this chapter. This shall include, 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-Paramedic;

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, a BLS ambulance, MICU, SCTU or AMU) 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. Misuse, misappropriation or theft of any drug, medication or equipment;

16. 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;

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

18. 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;

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

20. Failure to provide appropriate ALS care and/or to recognize the need for and to provide for more advanced medical intervention;

21. Making material misrepresentations or providing false information on the NREMT-Paramedic 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 inform the medical command physician of the limitations of his or her scope of practice;

24. Failure to question the direct order of the medical command physician when the EMT-Paramedic believes, or should have reason to believe, that the order being given is incorrect or would require the EMT-Paramedic to act outside of his or her approved scope of practice;

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

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

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

(d) No person shall serve in the capacity of an EMT-Paramedic on any 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-Paramedic who has been placed on probation shall be monitored for performance by the Department and the mobile intensive care program that employs the person.

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

2. The mobile intensive care program for which the person works shall monitor his or her progress. The director shall forward to the Department a progress report at the end of the probationary period, or as required by the Department.

3. 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 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.

(g) The Department shall notify the director of each mobile intensive care program that employs, or is thought to employ, any EMT-Paramedic against whom an enforcement action is being taken.

(h) No person shall have any action taken against his or her EMT-Paramedic 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 8:41A-5.3(b).

(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-Paramedic does not preclude any action that may be taken against a mobile intensive care program for the same infraction.

N.J. Admin. Code § 8:41A-5.2