North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter P - EMERGENCY MEDICAL SERVICES AND TRAUMA RULES › Section .1500 - DENIAL, SUSPENSION, AMENDMENT, OR REVOCATION › Section 13P .1507 - EMS PERSONNEL CREDENTIALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any EMS
				  credential that has been forfeited under G.S. 15A- 1331.1 may not be reinstated
				  until the person has complied with the court's requirements, has petitioned the
				  Department for reinstatement, has completed the disciplinary process, and has
				  received Department reinstatement approval.
(b) The Department shall amend, deny,
				  suspend, or revoke the credentials of EMS personnel for any of the following:
(1) significant failure to comply with the
				  applicable performance and credentialing requirements as found in this
				  Subchapter;
(2) making false
				  statements or representations to the Department, or concealing information in
				  connection with an application for credentials;
(3) making false statements or
				  representations, concealing information, or failing to respond to inquiries
				  from the Department during a complaint investigation;
(4) tampering with, or falsifying any record
				  used in the process of obtaining an initial EMS credential, or in the renewal
				  of an EMS credential;
(5) in any
				  manner or using any medium, engaging in the stealing, manipulating, copying,
				  reproducing, or reconstructing of any written EMS credentialing examination
				  questions, or scenarios;
(6)
				  cheating, or assisting others to cheat while preparing to take, or when taking
				  a written EMS credentialing examination;
(7) altering an EMS credential, using an EMS
				  credential that has been altered, or permitting or allowing another person to
				  use his or her EMS credential for the purpose of alteration. "Altering"
				  includes changing the name, expiration date, or any other information appearing
				  on the EMS credential;
(8)
				  unprofessional conduct, including a significant failure to comply with the
				  rules relating to the function of credentialed EMS personnel contained in this
				  Subchapter, or the performance of or attempt to perform a procedure that is
				  detrimental to the health and safety of any person, or that is beyond the scope
				  of practice of credentialed EMS personnel or EMS instructors;
(9) being unable to perform as credentialed
				  EMS personnel with reasonable skill and safety to patients and the public by
				  reason of illness that will compromise skill and safety, use of alcohol, drugs,
				  chemicals, or any other type of material, or by reason of any physical
				  impairment;
(10) conviction in any
				  court of a crime involving moral turpitude, a conviction of a felony, a
				  conviction requiring registering on a sex offender registry, or conviction of a
				  crime involving the scope of practice of credentialed EMS personnel;
(11) by theft or false representations,
				  obtaining or attempting to obtain, money or anything of value from a patient,
				  EMS Agency, or educational institution;
(12) adjudication of mental
				  incompetence;
(13) lack of
				  competence to practice with a reasonable degree of skill and safety for
				  patients, including a failure to perform a prescribed procedure, failure to
				  perform a prescribed procedure competently, or performance of a procedure that
				  is not within the scope of practice of credentialed EMS personnel or EMS
				  instructors;
(14) performing as a
				  credentialed EMS personnel in any EMS System in which the individual is not
				  affiliated and authorized to function;
(15) performing or authorizing the
				  performance of procedures, or administration of medications detrimental to a
				  student or individual;
(16) delay
				  or failure to respond when on-duty and dispatched to a call for EMS
				  assistance;
(17) testing positive,
				  whether for-cause or at random, through urine, blood, or breath sampling, for
				  any substance, legal or illegal, that is likely to impair the physical or
				  psychological ability of the credentialed EMS personnel to perform all required
				  or expected functions while on duty;
(18) failure to comply with G.S. 143-518
				  regarding the use or disclosure of records or data associated with EMS Systems,
				  Specialty Care Transport Programs, Alternative Practice Settings, or
				  patients;
(19) refusing to consent
				  to any criminal history check required by G.S. 131E-159;
(20) abandoning or neglecting a patient who
				  is in need of care, without making arrangements for the continuation of such
				  care;
(21) falsifying a patient's
				  record or any controlled substance records;
(22) harassing, abusing, or intimidating a
				  patient, EMS personnel, other allied healthcare personnel, student, educational
				  institution staff, members of the public, or OEMS staff, either physically,
				  verbally, or in writing;
(23)
				  engaging in any activities of a sexual nature with a patient, including
				  kissing, fondling, or touching while responsible for the care of that
				  individual;
(24) any criminal
				  arrests that involve charges that have been determined by the Department to
				  indicate a necessity to seek action in order to further protect the public
				  pending adjudication by a court;
(25) altering, destroying, or attempting to
				  destroy evidence needed for a complaint investigation being conducted by the
				  OEMS;
(26) significant failure to
				  comply with a condition to the issuance of an encumbered EMS credential with
				  limited and restricted practices for persons in the chemical addiction or abuse
				  treatment program;
(27)
				  unauthorized possession of lethal or non-lethal weapons, chemical irritants to
				  include mace, pepper (oleoresin capsicum) spray and tear gas, or explosives
				  while in the performance of providing emergency medical services;
(28) significant failure to comply to provide
				  EMS care records to the licensed EMS provider for submission to the OEMS as
				  required by Rule .0204 of this Subchapter;
(29) continuing to provide EMS care after
				  local suspension of practice privileges by the local EMS System, Medical
				  Director, or Alternative Practice Setting;
(30) representing or allowing others to
				  represent that the credentialed EMS personnel has a credential that the
				  credentialed EMS personnel does not in fact have;
(31) diversion of any medication requiring
				  medical oversight for credentialed EMS personnel;
(32) filing a knowingly false complaint
				  against an individual, EMS Agency, or educational institution; or
(33) failure to comply with educational
				  requirements defined in Sections .0500 and .0600 of this Subchapter.