Utah Admin. Code 911-5-110

Current through Bulletin 2025-01, January 1, 2025

Section R911-5-110 - [Effective until 4/3/2025] Definitions

(1) Terms used in this rule are defined in Section 53-2d-101 and Section R911-1-200.

(2) In addition:

(a)

(i) "Aggravating circumstances" means any consideration or factors that may justify an increase in the severity of an action to be imposed upon an applicant or licensee.

(ii) "Aggravating circumstances" includes the following:

(A) prior record of disciplinary action, unlawful conduct, or unprofessional conduct;

(B) dishonest or selfish motive;

(C) pattern of misconduct;

(D) multiple offenses;

(E) obstruction of the disciplinary process by intentionally failing to comply with rules or orders of the bureau;

(F) submission of false evidence, false statements, or engaging in other deceptive practices, including creating, destroying, or altering records;

(G) refusal to acknowledge the wrongful nature of the misconduct involved;

(H) vulnerability of the victim;

(I) lack of good faith to make restitution or to rectify the consequences of the misconduct;

(J) illegal conduct, including the use of controlled substances; or

(K) intimidation or threats of withholding records or other detrimental consequences of any individual who reports, is a witness to or testifies regarding the unprofessional or unlawful conduct.

(b) "Board" means the EMS Personnel Peer Review Board created under Subsection 53-2d-103(1)(d).

(c) "Crisis Response Technician" or "CRT" means a person who provides "Behavioral Emergency Services" as defined in Section 53-2d-101.

(d) "Licensee" means any individual or entity who has applied or is issued any certificate, designation, permit, or license under Title 53, Chapter 2d, Emergency Medical Services Act, and Title 53, Chapter 2e, EMS Personnel Licensure Interstate Compact.

(e)

(i) "Mitigating circumstances" means any consideration or factors that may justify a reduction in the severity of an action to be imposed upon an applicant or licensee.

(ii) "Mitigating circumstances" include:

(A) absence of prior record of disciplinary action, unlawful conduct or unprofessional conduct;

(B) personal, mental, or emotional problems if the problems have not posed a risk to the health, safety, or welfare of the public or clients served, such as drug or alcohol abuse while working or similar situations where the licensee or applicant should know that they should refrain from engaging in activities that may pose such a risk;

(C) timely and good faith effort to make restitution or rectify the consequences of the misconduct involved;

(D) full and free disclosure to the client or bureau before the discovery of any misconduct;

(E) inexperience in the practice of the profession, that is not the result of failure to obtain appropriate education or consultation that the applicant or licensee should have known they should obtain before beginning work on a particular matter;

(F) imposition of other penalties or sanctions if the other penalties and sanctions have alleviated threats to the public health, safety, and welfare; and

(G) remorse.

(iii) The following factors may not be considered as mitigating circumstances:

(A) forced or compelled restitution;

(B) withdrawal of complaint by an individual;

(C) resignation before disciplinary proceedings;

(D) failure of injured party to complain;

(E) complainant's recommendation as to sanction;

(F) disciplinary action taken by employer;

(G) criminal penalties imposed for the conduct;

(H) argument that a prior proceeding was conducted unfairly, contrary to law, or in violation of due process or any other procedural safeguard;

(I) argument that a prior finding or sanction was contrary to the evidence or entered without due consideration of relevant evidence;

(J) argument that a respondent was not adequately represented by counsel in a prior proceeding; or

(K) argument or evidence that former statements of a respondent made in conjunction with a plea or settlement agreement are not true.

(f) "Moral turpitude" means an act that:

(i) is done knowingly contrary to justice, honesty, or good morals;

(ii) is immoral in itself regardless of whether the act is punishable by law;

(iii) involves an element of falsification or fraud; or

(iv) involves an element of harm or injury directed to another person or another person's property.

(g) "Probation" means the individual is required to complete rehabilitative terms to maintain licensure for a maximum period of one year.

(h) "Provider" means "emergency medical service providers" as defined in Section 53-2d-101.

(i) "Respondent" means an emergency medical service personnel, licensee, provider, or endorsed individual against whom the bureau has initiated an investigation or adjudicative proceeding under Sections 53-2d-603 or 53-2d-604, or this rule.

(j) "Revoke" or "revocation" means the permanent termination of a license.

(k) "Suspend" or "suspension" means the temporary removal of the license from an individual for a period of time.

(l) "Unprofessional conduct" means the following:

(i) surrendering a license to any other licensing or regulatory authority having jurisdiction over the licensee or applicant in any regulated profession while an investigation or inquiry into allegations of unprofessional conduct or unlawful conduct is in progress, or after a charging document has been filed against the applicant or licensee alleging unprofessional conduct or unlawful conduct;

(ii) engaging in conduct that results in disciplinary action, including reprimand, censure, diversion, or probation;

(iii) suspension, or revocation, by any other licensing or regulatory authority having jurisdiction over the licensee or applicant in any profession, if the conduct:

(A) bears a substantial relationship to the licensee's or applicant's ability to safely and competently practice as an EMS professional; or

(B) would constitute grounds for denial of licensure or disciplinary proceedings under Title 53 Chapter 2d, Emergency Medical Procedures Act, or this rule;

(iv) engaging in cheating or otherwise dishonest conduct while taking any test or exam necessary for licensure;

(v) engaging in conduct or otherwise violating Section R911-5-210;

(vi) any conduct that renders a licensee unfit to perform as a licensee or endangers public safety; or

(vii) conduct that is a violation of standards of ethical conduct, performance, or professional competence.

Utah Admin. Code R911-5-110

Adopted by Utah State Bulletin Number 2024-14, effective 7/1/2024

Adopted by Utah State Bulletin Number 2025-01, effective 12/4/2024, exp. 4/3/2025 (Emergency)