R9-25-409. Enforcement Actions (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. If the Department determines that an applicant or EMCT is not in substantial compliance with applicable laws and rules, under A.R.S. § 36-2204 or 36-2211, the Department may: 1. Take the following action against an applicant or EMCT: a. After notice is provided according to A.R.S. § 36- 2211 and, if applicable, A.R.S. Title 41, Chapter 6, Article 10, issue: i. A decree of censure to the EMCT, or ii. An order of probation to the EMCT; or b. After notice and opportunity to be heard is provided according to A.R.S. Title 41, Chapter 6, Article 10: i. Deny an application, ii. Suspend the EMCT’s certificate, or iii. Revoke the EMCT’s certificate; and 2. Assess civil penalties against the EMCT. B. In determining which action in subsection (A) is appropriate, the Department shall consider: 1. Prior disciplinary actions; 2. The time interval since a prior disciplinary action, if applicable; 3. The applicant’s or EMCT’s motive; 4. The applicant’s or EMCT’s pattern of conduct; 5. The number of offenses; 6. Whether the applicant or EMCT failed to comply with instructions from the Department; 7. Whether interim rehabilitation efforts were made by the applicant or EMCT; 8. Whether the applicant or EMCT refused to acknowledge the wrongful nature of the misconduct; 9. Whether the applicant or EMCT made timely and good- faith efforts to rectify the consequences of the misconduct; 10. The submission of false evidence, false statements, or other deceptive practices during an investigation or disciplinary process; 11. The vulnerability of a patient or other victim of the applicant’s or EMCT’s conduct, if applicable; and 12. How much control the applicant or EMCT had over the processes or situation leading to the misconduct.