Denial, suspension or revocation of license and emergency medical technician certificate
- • investigation
- • confidentiality of information
(1) The Department of Human Services may deny, suspend or revoke licenses for ambulances and ambulance services in accordance with the provisions of ORS chapter 183 for a failure to comply with any of the requirements of ORS 820.350 (Ambulance warning lights) to 820.380 (Illegal ambulance or emergency vehicle sirens) 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 chapter 183 for any of the following reasons:
(a) A failure to have completed successfully a department approved course.
(b) In the case of provisional certifications, failure to have completed successfully a department approved course.
(c) Failure to meet or continue to meet the physical and mental qualifications required to be certified under ORS 682.208 (Certificates to be obtained from department).
(d) The use of fraud or deception in receiving a certificate.
(e) Practicing skills beyond the scope of practice established by the Oregon Medical Board under ORS 682.245 (Rulemaking authority with respect to scope of practice of EMTs and first responders).
(f) Rendering emergency or nonemergency care under an assumed name.
(g) The impersonation of another EMT.
(h) Unprofessional conduct.
(i) Obtaining a fee by fraud or misrepresentation.
(j) Habitual or excessive use of intoxicants or drugs.
(k) The presence of a mental disorder that demonstrably affects an EMT’s performance, as certified by two psychiatrists retained by the department.
(L) Subject to ORS 670.280 (Denial, suspension or revocation of license based on criminal conviction), 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.
(m) Suspension or revocation of an emergency medical technician certificate issued by another state:
(A) For a reason that would permit the department to suspend or revoke a certificate issued under this chapter; and
(B) Evidenced by a certified copy of the order of suspension or revocation.
(n) Gross negligence or repeated negligence in rendering emergency medical assistance.
(o) Rendering emergency or nonemergency care without being certified except as provided in ORS 30.800 (Liability for emergency medical assistance).
(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 (Rulemaking authority with respect to scope of practice of EMTs and first responders).
(q) Refusing an invitation for an interview with the department as specified in this section.
(3) The department may investigate any evidence that appears to show that an EMT certified by the department is or may be medically incompetent, guilty of unprofessional or dishonorable conduct or mentally or physically unable to safely function as an EMT. The department 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 department shall conduct an investigation as described under ORS 676.165 (Complaint investigation). An investigation shall be conducted in accordance with ORS 676.175 (Complaints and investigations confidential).
(4) Any health care facility licensed under ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility) and 441.820 (Procedure for termination of physician's privilege to practice medicine at health care facility), 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 department 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 department, it appears that the information provided to it under provisions of this section is or may be true, the department may request an interview with the EMT. At the time the department requests an interview, the EMT shall be provided with a general statement of the issue or issues of concern to the department. 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 Department of Human Services shall provide for a contested case hearing."
(6) Information regarding an ambulance service provided to the department 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 department 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 (Complaints and investigations confidential). 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 department 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 department 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 department 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 (Subpoenas in contested cases). [Formerly 682.175]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information