Chapter 691 Oregon Laws 2001

AN ACT

HB 3479

Relating to emergency medical technicians; amending ORS 682.175 and 682.185.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 682.175 is amended to read:

682.175. (1) The Health Division may deny, suspend or revoke licenses for ambulances and ambulance services in accordance with the provisions of ORS 183.310 to 183.550 for a failure to comply with any of the requirements of ORS 820.350 to 820.380 and this chapter or the rules adopted thereunder.

(2) The certification of an emergency medical technician may be denied, suspended or revoked in accordance with the provisions of ORS 183.310 to 183.550 for any of the following reasons:

(a) A failure to have completed successfully a Health Division approved course.

(b) In the case of provisional certifications, failure to have completed successfully a division approved course.

(c) Failure to meet or continue to meet the physical and mental qualifications required to be certified under ORS 682.145.

(d) The use of fraud or deception in receiving a certificate.

(e) Practicing skills beyond the scope of practice established by the Board of Medical Examiners for the State of Oregon under ORS 682.245.

(f) Rendering emergency or nonemergency care under an assumed name.

(g) The impersonation of another EMT.

[(h) Any reason that renders the applicant unfit to perform the duties of an EMT.]

[(i)] (h) Unprofessional conduct.

[(j)] (i) Obtaining a fee by fraud or misrepresentation.

[(k)] (j) Habitual or excessive use of intoxicants or drugs.

[(L)] (k) The presence of a mental disorder that demonstrably affects an EMT’s performance, as certified by two psychiatrists retained by the division.

[(m)] (L) Subject to ORS 670.280, conviction of any criminal offense that reasonably raises questions about the ability of the EMT to perform the duties of an EMT in accordance with the standards established by this chapter. A copy of the record of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence of the conviction.

[(n)] (m) Suspension or revocation of an emergency medical technician certificate issued by another state:

(A) For a reason that would permit the division to suspend or revoke a certificate issued under this chapter; and

(B) Evidenced by a certified copy of the order of suspension or revocation.

[(o)] (n) Gross negligence or repeated negligence in rendering emergency medical assistance.

[(p)] (o) Rendering emergency or nonemergency care without being certified except as provided in ORS 30.800.

[(q)] (p) Rendering emergency or nonemergency care as an EMT without written authorization and standing orders from a supervising physician who has been approved by the board in accordance with ORS 682.245.

[(r) Refusing an invitation for an informal interview with the division as specified in this chapter.]

(q) Refusing an invitation for an interview with the division as specified in this section.

(3) The division may investigate any evidence that appears to show that an EMT certified by the division is or may be medically incompetent, guilty of unprofessional or dishonorable conduct or mentally or physically unable to safely function as an EMT. The division may investigate the off-duty conduct of an EMT to the extent that such conduct may reasonably raise questions about the ability of the EMT to perform the duties of an EMT in accordance with the standards established by this chapter. Upon receipt of a complaint about an EMT or applicant, the division shall conduct an investigation as described under ORS 676.165. An investigation shall be conducted in accordance with ORS 676.175.

(4) Any health care facility licensed under ORS 441.015 to 441.087 and 441.820, any medical or osteopathic physician licensed under ORS chapter 677, any owner of an ambulance licensed under this chapter or any EMT certified under this chapter shall report to the division any information the person may have that appears to show that an EMT is or may be medically incompetent, guilty of unprofessional or dishonorable conduct or mentally or physically unable to safely function as an EMT.

(5) If, in the opinion of the division, it appears that the information provided to it under provisions of this section is or may be true, the division may request an [informal] interview with the EMT. At the time the division requests an interview, the EMT shall be provided with a general statement of the issue or issues of concern to the division. The request shall include a statement of the procedural safeguards available to the EMT, including the right to end the interview on request, the right to have counsel present and the following statement: “Any action proposed by the Health Division shall provide for a contested case hearing.”

(6) Information regarding an ambulance service provided to the division pursuant to this section is confidential and shall not be subject to public disclosure, nor shall it be admissible as evidence in any judicial proceeding. Information that the division obtains as part of an investigation into emergency medical technician or applicant conduct or as part of a contested case proceeding, consent order or stipulated agreement involving emergency medical technician or applicant conduct is confidential as provided under ORS 676.175. Information regarding an ambulance service does not become confidential due to its use in a disciplinary proceeding against an emergency medical technician.

(7) Any person who reports or provides information to the division under this section and who provides information in good faith shall not be subject to an action for civil damage as a result thereof.

(8) In conducting an investigation under subsection (3) of this section, the division may:

(a) Take evidence;

(b) Take depositions of witnesses, including the person under investigation, in the manner provided by law in civil cases;

(c) Compel the appearance of witnesses, including the person under investigation, in the manner provided by law in civil cases;

(d) Require answers to interrogatories; and

(e) Compel the production of books, papers, accounts, documents and testimony pertaining to the matter under investigation.

(9) The division may issue subpoenas to compel compliance with the provisions of subsection (8) of this section. If any person fails to comply with a subpoena issued under this subsection, or refuses to testify on matters on which the person may lawfully be interrogated, a court may compel obedience as provided in ORS 183.440.

SECTION 2. ORS 682.185 is amended to read:

682.185. (1) The Health Division may discipline, as provided in this section, an ambulance service or any person certified as an emergency medical technician or first responder in this state who has:

(a) Admitted the facts of a complaint which alleges facts which establish that such person is guilty of violation of one or more of the grounds for suspension or revocation of a certificate as set forth in ORS 682.175 or that an ambulance service has violated the provisions of this chapter or the rules adopted thereunder.

(b) Been found guilty in accordance with ORS 183.310 to 183.550 of violation of one or more of the grounds for suspension or revocation of certification as set forth in ORS 682.175 or that an ambulance service has violated the provisions of this chapter or the rules adopted thereunder.

(2) The purpose of disciplining an EMT under this section is to ensure that the EMT will provide services that are consistent with the obligations of this chapter. Prior to taking final disciplinary action, the division shall determine if the EMT has been disciplined for the questioned conduct by the EMT’s employer or supervising physician. The division shall consider any such discipline or any other corrective action in deciding whether additional discipline or corrective action by the division is appropriate.

[(2)] (3) In disciplining an EMT or ambulance service as authorized by subsection (1) of this section, the division may use any or all of the following methods:

(a) Suspend judgment.

(b) Issue a letter of reprimand.

(c) Issue a letter of instruction.

[(b)] (d) Place the EMT or ambulance service on probation.

[(c)] (e) Suspend the EMT certificate or ambulance service license.

[(d)] (f) Revoke the EMT certificate or ambulance service license.

[(e)] (g) Place limitations on the certificate of the EMT to practice emergency or nonemergency care in this state or place limitations on the license of the ambulance service.

[(f)] (h) Take such other disciplinary action as the division in its discretion finds proper, including assessment of the costs of the disciplinary proceedings as a civil penalty or assessment of a civil penalty not to exceed $5,000, or both.

[(3)] (4) In addition to the action authorized by subsection [(2)] (3) of this section, the division may temporarily suspend a certificate or license without a hearing, simultaneously with the commencement of proceedings under ORS 183.310 to 183.550 if the division finds that evidence in its possession indicates that a continuation in practice of the EMT or operation of the ambulance service constitutes an immediate danger to the public.

[(4)] (5) If the division places any EMT or ambulance service on probation as set forth in subsection [(2)(b)] (3)(d) of this section, the division may determine, and may at any time modify, the conditions of the probation and may include among them any reasonable condition for the purpose of protection of the public and for the purpose of the rehabilitation of the EMT or ambulance service, or both. Upon expiration of the term of probation, further proceedings shall be abated if the EMT or ambulance service has complied with the terms of the probation.

[(5)] (6) If an EMT certified in this state is suspended, the holder of the certificate may not practice during the term of suspension.

[(6)] (7) If an ambulance service licensed in this state is suspended, the ambulance service may not operate in this state during the term of the suspension, provided that the division shall condition such suspension upon such arrangements as may be necessary to assure the continued availability of ambulance service in the area served by that ambulance service. Upon expiration of the term of suspension, the certificate or license shall be reinstated by the division if the conditions for which the certificate or license was suspended no longer exist.

[(7)] (8) Whenever an EMT certificate or ambulance service license is denied or revoked for any cause, the division may, in its discretion, after the lapse of two years from the date of such revocation, upon written application by the person formerly certified or licensed and after a hearing, issue or restore the EMT certificate or ambulance service license.

[(8)] (9) Civil penalties under this section shall be imposed as provided in ORS 183.090.

Approved by the Governor June 29, 2001

Filed in the office of Secretary of State June 29, 2001

Effective date January 1, 2002

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