Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVIII - Emergency Medical Services Professionals › Subpart 1 - Rules of Procedure › Chapter 5 - Disciplinary Proceedings; Alternative to Disciplinary Proceedings › Section XXXVIII-501 - Definition of Terms Applying to EMS Practice as Used in This Chapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. As they apply to
				  EMS practice and/or to the exercise of the commission's disciplinary authority,
				  the following words and terms are hereby defined as used within this Chapter.
Accountability
-being answerable for one's
					 actions or inactions. The licensed EMS practitioner answers to self, patient,
					 agency, medical director, profession and society for the effectiveness and
					 quality of EMS care rendered. It is the personal responsibility for each
					 individual to maintain competency in practice. If the assigned EMS practitioner
					 does not possess the specialized EMS knowledge, skills and abilities required
					 to provide the required care, said professional shall notify the appropriate
					 supervisory EMS personnel.
Additional Acts
-activities beyond those
					 taught in state approved EMS education programs. Additional acts are authorized
					 by the commission through rules and regulations or declaratory statements
					 interpreting the legal definition of EMS. Licensed EMS practitioner are
					 accountable for attaining and maintaining competency when performing approved
					 additional acts.
Aiding and Abetting
-to intentionally
					 assist anyone by condoning, or to apply positive or negative force to assist
					 anyone in violating Parts I-III of Chapter 5-C of Title 40 of the Revised
					 Statutes or the rules and regulations of the commission or bureau
Assessment-
identifying human responses,
					 which indicate existing, or potential abnormal condition through the patient
					 history, physical examination or observation, in accordance with the standards
					 of EMS practice.
Assignment
-designating EMS activities to
					 be performed by an individual consistent with his or her scope of
					 practice.
Carrying Out the Medical Orders of a Physician
					 Licensed in Louisiana
-
a.
				  licensed EMS practitioners may, based on their individual judgment of each
				  situation, accept verbal orders initiated by a licensed physician, provided the
				  order is related to the said practitioner's scope of practice;
b. licensed EMS practitioners may execute
				  standing orders of a licensed physician.
Collaborating
- a process involving two or
					 more health care professionals working together, though not necessarily in ache
					 other's presence, each contributing one's respective area of expertise to
					 provide more comprehensive care than one alone can offer.
Delegating EMS Interventions
-committing or
					 entrusting the performance of selected EMS tasks by the licensed EMS
					 practitioner to other competent EMS personnel in selected situations. The
					 licensed EMS practitioner retains the accountability for the total EMS care of
					 the individual.
Deny
-to refuse for cause
EMS Services
-activities designed to
					 resolve, diminish, or prevent the needs that are inferred from the individual's
					 problem; includes the planning, implementation and evaluation of said
					 activities in accordance with the standards of EMS practice.
Expanded Scope of Practice
-those
					 functions, procedures and activities which are currently not part of the
					 approved National EMS curriculum, but have been approved by the EMS
					 Certification Commission as appropriate for the various levels of EMS
					 practitioners.
Field Diagnosis
-out-of-hospital evaluation
					 of the patient's condition and its causes.
Habit
-a mode of behavior, which an
					 individual acquires over a period of time.
Limit
-to confine within certain
					 bounds
Maintaining EMS Care Rendered Directly or
					 Indirectly
-preserving the continuity of safe and effective EMS care,
					 including the delegated EMS activities.
Managing and Supervising the Practice of
					 EMS
-those activities which serve to fulfill the accountability of the
					 licensed EMS practitioner for the total EMS care of the individual when tasks
					 in the EMS care are delegated to other EMS personnel. These activities
					 include:
a. judging the priority of
				  EMS needs of the individual(s);
b.
				  determining actions required to meet the needs;
c. assigning personnel, including self,
				  qualified to implement the prescribed EMS care components of that
				  care;
d. providing information
				  needed by personnel for the implementation of the assigned EMS care and
				  ascertaining the assimilation of same information;
e. directing the EMS care and evaluating the
				  outcomes of the care; and
f.
				  determining and initiating changes in EMS care or in assignment of EMS
				  personnel.
Medical Diagnosis
- the conclusion reached
					 in identification of the patient's disease, especially the art of
					 distinguishing among several possibilities with the intent of prescribing
					 relevant treatment.
Medical Interventions
-all functions,
					 activities, medications and medical treatments of therapeutic or corrective
					 nature approved by the Bureau of EMS and the EMS Certification
					 Commission.
Mentally Incompetent
-a court judgment of
					 legal insanity or incompetence or a medical diagnosis indicating insanity or
					 incompetence.
Moral Turpitude
-an act of baseness,
					 vileness, or depravity in the duties which one person owes to another, or to
					 society in general, which is contrary to the usual, accepted, and customary
					 rule of right and duty which a person should follow.
Negligence
-a breach of duty of care owed
					 to an individual.
Other Causes
-includes, but is not limited
					 to:
a. failure to practice EMS in
				  accordance with the standards of EMS practice
b. possessing a physical impairment or mental
				  impairment, which interferes with the judgment, skills or abilities required
				  for the practice of EMS;
c. failure
				  to utilize appropriate judgment;
d.
				  failure to exercise technical competence in carrying out EMS care;
e. violating the confidentiality of
				  information or knowledge concerning the patient;
f. performing procedures beyond the
				  authorized scope of EMS or any specialty thereof:
g. performing duties and assuming
				  responsibilities within the scope of the definition of EMS practice when
				  competency has not been achieved or maintained, or where competency has not
				  been achieved or maintained in a particular specialty:
h. improper use of drugs, medical supplies or
				  equipment, patient's records, or other items;
i. misappropriating items of an individual,
				  agency or entity;
j. falsifying
				  records or documents, including patient records or any records or documents
				  provided to the commission, the bureau, or any other any governmental or
				  regulatory agency;
k. failure to
				  act, or negligently or willfully committing any act that adversely affects the
				  physical or psychosocial welfare of the patient;
l. delegating or assigning EMS care,
				  functions, tasks, or responsibilities to others contrary to regulations or
				  failing to adequately supervise EMS tasks assigned to others during the course
				  of providing EMS care;
m. leaving a
				  EMS assignment where there was a duty to act without properly notifying
				  appropriate personnel;
n. failing
				  to report, or self-report, to the Bureau, through the proper channels, facts
				  known regarding the incompetent, unethical, or illegal practice or conduct,
				  including criminal conduct, arrest, or conviction, of any EMS practitioner,
				  including any practice or conduct that violates any provision, requirements, or
				  prohibition contained in this Part or
				  R.S.
				  40:1131-1141;
o. has violated a rule or an order adopted by
				  the commission or the bureau, or a state or federal law relating to the
				  practice of professional EMS, or a state or federal narcotics or controlled
				  substance law;
p. inappropriate,
				  incomplete, or improper documentation;
q. use of or being under the influence of
				  alcoholic beverages, illegal drugs, or drugs which impair judgement while on
				  duty;
r. failure to cooperate with
				  the commission or bureau by:
i. not
				  furnishing in writing a full and complete explanation covering a matter
				  requested in writing by the commission or bureau; or
ii. not responding to subpoenas issued by the
				  commission in connection with any investigation or hearing;
s. exceeds professional boundaries,
				  including but not limited to sexual misconduct; and
t. use of any advertisement or solicitation
				  which is false, misleading, or deceptive to the general public or persons to
				  whim the advertisement or solicitation is primarily directed.
Preventive Instruction
-those EMS measures
					 that provide health information and explanation to the public to reduce the
					 incident of death and injury.
Probate
-to stay a sentence of license
					 suspension during good behavior and placing under supervision of Bureau of a
					 period of time. License is marked "probated" and specific requirements are
					 identified.
Professional Boundaries
-the limits of the
					 professional relationship that allow for a safe therapeutic connection between
					 the practitioner and the patient.
Reasonable Skill and Safety
-practicing EMS
					 in accordance with the standards of EMS practice.
Reprimand-
written communication to the
					 individual stating the commission's concerns, and public notification of the
					 individual's name and reasons for the reprimand.
Restrict
-to limit or restrain EMS practice
					 by settings, types of patients, or other means.
Revoke-
to annul or make void by calling
					 back. Revocation of certification or licensure shall be indefinite as to the
					 practice of EMS in Louisiana.
Scope of Practice
-the range of duties and
					 skill EMS professionals are expected to perform.
Sexual Misconduct
-an extreme boundary
					 violation which involves the use of power, influence and/or knowledge inherent
					 in one's profession in order to obtain sexual gratification, romantic partners
					 and/or sexual deviant outlet. Any behavior that is seductive, sexually
					 demeaning, harassing or reasonable interpreted by a patient as sexually
					 inappropriate, is a violation of the EMS professional's fiduciary
					 responsibility to the patient.
Specialized Knowledge and Skills
-required
					 for the practice of EMS means the current theory and practice taught in state
					 approved EMS education programs preparing persons for EMS practitioner
					 licensure as well as information in the biological, physical and behavior
					 sciences.
Specialty Care Transport Paramedic
-those
					 individuals who have met the requirements as approved by the EMS Certification
					 Commission
Student EMS Practitioner
-a person who is
					 engaged in learning experiences in a program of study leading to the candidacy
					 for licensure to practice as a licensed EMS practitioners. The term applied
					 only when the person is participating in an integral part of the program of
					 study.
Suspend
-to hold licensure to practice as a
					 certified EMS practitioner in abeyance for a definite or an indefinite period
					 of time.
Teaching of EMS
-instructing EMS
					 practitioner student and providing continuing EMS education to licensed EMS
					 practitioners.
Unfit or
					 Incompetent
-unsuitable.