71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3479
Sponsored by Representative LEONARD; Representatives BACKLUND,
DEVLIN, KNOPP, WESTLUND, Senators HANNON, METSGER (at the
request of Oregon State Fire Fighters Council)
CHAPTER ................
AN ACT
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
Enrolled House Bill 3479 (HB 3479-A) Page 1
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
Enrolled House Bill 3479 (HB 3479-A) Page 2
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.
Enrolled House Bill 3479 (HB 3479-A) Page 3
{ - (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.
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Enrolled House Bill 3479 (HB 3479-A) Page 4
Passed by House May 3, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 13, 2001
...........................................................
President of Senate
Enrolled House Bill 3479 (HB 3479-A) Page 5
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3479 (HB 3479-A) Page 6