Section 33-36-01-05 - Denial, suspension, or revocation of certification or licensureThe department may deny, suspend, or revoke the certification or licensure of an individual who:
1. Has misrepresented to others that the individual is a physician, nurse, or health care provider other than the highest level for which they are certified or licensed.2. Is incapable of properly performing the skills for which the individual has been certified or licensed.3. Performs a skill which exceeds those allowed by the individual's level of certification or licensure.4. Is under indictment for or has been convicted of a misdemeanor or felony which has a direct bearing upon the individual's ability to serve the public in a capacity certified or licensed by this chapter, or has been convicted of a crime that requires the individual to register as a sex offender in any state. Individuals certified or licensed who are under indictment for or have been convicted of a misdemeanor or felony or required to register as a sex offender in any state must report the information to the department within two business days.5. Has been found by a court of law to be mentally incompetent.6. Failure to follow examination policies as a student, instructor, or course coordinator.7. Diversion of drugs for personal or unauthorized use.8. Performance of care in a manner inconsistent with acceptable standards or protocols.9. Has attempted to obtain by fraud or deceit a certification or license or has submitted to the department any information that is fraudulent, deceitful, or false.10. Has had the individual's national registry or other health care certification or license encumbered for any reason. Individuals certified or licensed as described in this chapter must report any encumbrance of their national registry or other health care certification or licensure to the department within two business days.11. Has misrepresented to others that the individual is an employee, volunteer, or agent of an ambulance service, quick response unit, or rescue squad to offer emergency medical services.12. Unprofessional conduct, which may give a negative impression of the emergency medical services system to the public.13. As an instructor has failed to have emergency medical services training authorized as required or has not met required education standards.14. Providing emergency medical or community emergency medical technician, community advanced emergency medical technician, or community paramedic services without authorization from a physician.15. Has been found to be under the influence of alcohol or mind-altering drugs while on call, on duty, or during an emergency medical or community emergency medical technician, community advanced emergency medical technician, or community paramedic response or interfacility transfer.16. Failing to respond to an emergency while on call or on duty. The failure to respond must be caused by the individual's willful disregard and not caused by a good-faith error or circumstances beyond the individual's control as determined by the department.N.D. Admin Code 33-36-01-05
Effective April 1, 1992; amended effective August 1, 2003; January 1, 2006; January 1, 2008; July 1, 2010.Amended by Administrative Rules Supplement 2023-391, January 2024, effective 1/1/2024.General Authority: NDCC 23-27-04.3
Law Implemented: NDCC 23-27-04.3