§ 1003.27. Disciplinary and corrective action.

 (a)  The Department may, upon investigation, hearing and disposition, impose upon prehospital personnel who are certified or recognized by the Department one or more of the disciplinary or corrective measures in subsection (c) for one or more of the following reasons:

   (1)  Demonstrated incompetence to provide adequate emergency medical services.

   (2)  Deceptive or fraudulent procurement or misrepresentation of certification or recognition credentials.

   (3)  Willful or negligent practice beyond the scope of certification or recognition authorization.

   (4)  Abuse or abandonment of a patient.

   (5)  The rendering of services while under the influence of alcohol or illegal drugs.

   (6)  The operation of an emergency vehicle in a reckless manner or while under the influence of illegal drugs or alcohol.

   (7)  Disclosure of medical or other information if prohibited by Federal or State law.

   (8)  Willful preparation or filing of false medical reports or records, or the inducement of others to do so.

   (9)  Destruction of medical records required to be maintained.

   (10)  Refusal to render emergency medical care because of a patient’s race, sex, creed, national origin, sexual preference, age, handicap, medical problem or financial inability to pay.

   (11)  Failure to comply with Department-approved regional EMS council transfer and medical treatment protocols.

   (12)  Failure to comply with ambulance response reporting requirements as established by the Department.

   (13)  Failure to meet recertification requirements.

   (14)  Conviction of a felony or crime involving moral turpitude. Conviction includes a judgment of guilt, a plea of guilty or a plea of nolo contendere.

   (15)  Conviction of a misdemeanor which relates to the practice or the profession of the prehospital practitioner. Conviction is a judgment of guilt.

   (16)  A willful or consistent pattern of failure to complete details on a patient’s medical record.

   (17)  Misuse or misappropriation of drugs or medication.

   (18)  Having a certification or other authorization to practice a health care profession or occupation revoked, suspended or subjected to disciplinary sanction.

   (19)  Failure to comply with skill maintenance requirements established by the Department.

   (20)  Violating a duty imposed by the act, this subpart or an order of the Department previously entered in a disciplinary proceeding.

   (21)  Other reasons as determined by the Department which pose a threat to the health and safety of the public.

 (b)  It is the duty of all prehospital personnel to report to the Department, within 30 days, a misdemeanor or felony conviction, or a revocation, suspension or other disciplinary sanction of a certificate or other authorization to practice a health care profession or occupation.

 (c)  If disciplinary action is appropriate for one of the reasons listed in subsection (a), the Department may:

   (1)  Deny an application for certification or recognition.

   (2)  Administer a written reprimand with or without probation.

   (3)  Revoke, suspend, limit or otherwise restrict the certification or recognition.

   (4)  Require the person to take refresher educational courses.

   (5)  Stay enforcement of a suspension and place the individual on probation with the right to vacate the probationary order for noncompliance.

 (d)  The Department will conduct all aspects of the disciplinary process and any hearing that may be held in accordance with 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure). A revocation or suspension of certification or recognition may be appealed to the Commonwealth Court under 2 Pa.C.S. § §  501—508 and 701—704 (relating to Administrative Agency Law).

   The provisions of this §  1003.27 amended under the Do-Not Resuscitate Act, 20 Pa.C.S. Chapter 54.

   The provisions of this §  1003.27 amended September 1, 1995, effective September 2, 1995, 25 Pa.B. 3685; amended October 13, 2000, effective October 14, 2000, 30 Pa.B. 5363; amended December 13, 2002, effective March 1, 2003, 32 Pa.B. 6117; amended February 6, 2004, effective February 7, 2004, 34 Pa.B. 677. Immediately preceding text appears at serial pages (293998) to (294000).

   This section cited in 28 Pa. Code §  1003.22 (relating to first responder); 28 Pa. Code §  1003.23 (relating to EMT); 28 Pa. Code §  1003.24 (relating to EMT-paramedic); and 28 Pa. Code §  1003.25b (relating to prehospital registered nurse).