New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › Emergency Medical Services Personnel › Section 800.16 - Suspension or revocation of certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any certification issued pursuant to this
				  Part or article 30 of the Public Health Law may be suspended for a fixed
				  period, revoked or annulled, and the certificate holder may be censured,
				  reprimanded, or fined in accordance with section
				  12 of the
				  Public Health Law, after a hearing conducted pursuant to section
				  12-a of the
				  Public Health Law, if the department finds that the certificate holder:
(1) has failed to comply with the
				  requirements of section
				  800.15 of this Part;
(2) has been negligent in the performance of
				  his/her EMS duties and practice, as negligence is defined in section
				  800.3 of this Part;
(3) has been incompetent in the performance
				  of his/her EMS duties and practice, as incompetence is defined in section
				  800.3 of this Part;
(4) has abused a patient, as patient abuse is
				  defined in section
				  800.3 of this Part;
(5) has been convicted of one or more
				  criminal offenses, as that term is defined in section
				  800.3(ak) of this
				  Part, unless, in accordance with article 23-A of the Corrections Law, the
				  department determines, that:
(i) there is not
				  a direct relationship between one or more of the criminal offenses and the
				  duties required of this certificate; or
(ii) allowing the certificate holder to
				  retain his/her certificate would not involve an unreasonable risk to property
				  or the safety or welfare of a specific individual or the general public.
In determining these questions, the agency will look at the
					 eight factors listed under New York State Correctional Law section
					 753;
(6) has been
				  found guilty, in any jurisdiction, of any non-criminal offense or statutory
				  and/or regulatory violation, as those terms are defined in section
				  800.3 of this Part, relating to
				  patient safety and/or has had any other professional license and/or
				  certification suspended and/or revoked in any jurisdiction, unless the
				  department determines such certificate holder would not involve an unreasonable
				  risk to property or the safety or welfare of a specific individual or the
				  general public;
(7) has procured,
				  or has attempted to procure, his/her certification or re-certification through
				  any form of fraud or deceit, including, but not limited to, the intentional
				  false representation or misrepresentation, either expressly or by omission, on
				  his/her application for emergency medical services certification or
				  re-certification, of information pertaining to prior convictions, offenses,
				  regulatory violations and actions against other professional licenses and
				  certification held by the certificate holder or having received certification
				  without having completed all the specified requirements;
(8) has responded to a call, provided patient
				  care, or driven an ambulance or other emergency medical response vehicle while
				  under the influence of alcohol or any other drug or substance which has
				  affected the certificate holder's physical coordination or intellectual
				  functions;
(9) has falsified a
				  patient record and/or misrepresented and/or concealed pertinent information
				  during a patient care investigation, including, but not limited to making
				  deliberate omissions of material fact;
(10) has misappropriated any money or any
				  property from any source during the course of any EMS duty and/or practice,
				  irrespective of whether such misappropriation is prosecuted as a
				  crime;
(11) has abandoned a
				  patient, as patient abandonment is defined in section
				  800.3 of this Part;
(12) has knowingly aided or abetted another
				  in practice as an emergency medical technician who is not certified as
				  such;
(13) has held him/herself out
				  as being certified at a higher level than actually certified, or has exceeded
				  his/her authorized scope of practice, as that term is defined in section
				  800.3 of this Part; or
(14) has procured certification or
				  recertification without having met the requirements of sections
				  800.6,
				  800.8, or
				  800.9 of this Part, or article 30
				  of the Public Health Law, as applicable.