R9-25-408. Unprofessional Conduct; Physical or Mental

Incompetence; Gross Incompetence; Gross Negligence (Authorized by A.R.S. §§ 36-2202(A)(2), (A)(3), (A)(4), (A)(6), and (H), 36-2204(1), (6), and (7), and 36-2211) A. For purposes of A.R.S. § 36-2211(A)(1), unprofessional conduct is an act or omission made by an EMCT that is contrary to the recognized standards or ethics of the Emergency Medical Technician profession or that may constitute a danger to the health, welfare, or safety of a patient or the public, including: 1. Impersonating an EMCT of a higher classification level of certification or impersonating a health professional as defined in A.R.S. § 32-3201; 2. Permitting or allowing another individual to use the EMCT’s certification for any purpose; 3. Aiding or abetting an individual who is not certified according to this Chapter in acting as an EMCT or in representing that the individual is certified as an EMCT; 4. Engaging in or soliciting sexual relationships, whether consensual or nonconsensual, with a patient while acting as an EMCT; 5. Physically or verbally harassing, abusing, threatening, or intimidating a patient or another individual while acting as an EMCT; 6. Making false or materially incorrect entries in a medical record or wilful destruction of a medical record; 7. Failing or refusing to maintain adequate records on a patient; 8. Soliciting or obtaining monies or goods from a patient by fraud, deceit, or misrepresentation; 9. Aiding or abetting an individual in fraud, deceit, or misrepresentation in meeting or attempting to meet the application requirements for EMCT certification or EMCT recertification contained in this Article, including the requirements established for: a. Completing and passing a course provided by a training program; and b. The national certification organization examination process and national certification organization registration process; 10. Providing false information or making fraudulent or untrue statements to the Department or about the Department during an investigation conducted by the Department; 11. Being incarcerated or being placed on parole, supervised release, or probation for any criminal conviction; 12. Being convicted of a crime specified in R9-25-407(C)(2), which has not been set aside, pardoned, sealed, included on a certificate of second chance, expunged, or vacated; 13. Having national certification organization registration revoked or suspended by the national certification organization for material noncompliance with national certification organization rules or standards; 14. Having certification, recertification, or licensure at an EMCT classification level revoked or suspended in another state or jurisdiction; and 15. Continuing to provide services as an EMCT without notifying the Department of having certification or licensure as a health professional, as defined in A.R.S. § 36-3201, revoked, suspended, or voluntarily surrendered in Arizona or in another state or jurisdiction. B. Under A.R.S. § 36-2211, physical or mental incompetence of an EMCT is the EMCT’s lack of physical or mental ability to provide emergency medical services as required under this Chapter. C. Under A.R.S. § 36-2211 gross incompetence or gross negligence is an EMCT’s wilful act or wilful omission of an act that is made in disregard of an individual’s life, health, or safety and that may cause death or injury.