South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.300 - ENFORCEMENT ACTIONS › Section 61-7.300.302 - Enforcement Actions against EMT-basics, AEMTs, and Paramedics

Current through Register Vol. 48, No. 6, June 28, 2024
A. General. When
				the Department determines that a Certificate holder is in violation of any
				statutory provision, rule, or regulation, the Department, upon proper notice to
				the Certificate holder, may deny, suspend, or revoke the Certificate or assess
				a monetary penalty in accordance with Section 305.A or both.
B. The Department may take enforcement
				action, including suspending or revoking a certification and/or assessing a
				monetary penalty, against the holder of a Certificate at any time it is
				determined that the certification holder:
1.
				No longer meets the prescribed qualifications set forth by the
				Department;
2. Has failed to
				provide to Patients emergency medical treatment of a quality deemed acceptable
				by the Department, including failure to meet generally accepted standards for
				provision of care; or
3. Is guilty
				of Misconduct. Misconduct, constituting grounds for an enforcement action by
				the Department, means that while holding a Certificate, the holder:
a. Used a false, fraudulent, or forged
				statement or document or practiced a fraudulent, deceitful, or dishonest act in
				connection with the certification requirements or official documents required
				by the Department;
b. Was convicted
				of or currently under indictment for a felony or another crime involving Moral
				Turpitude, drugs, or gross immorality. The Certificate holder shall report in
				writing any arrest to the Department as soon as possible but not to exceed five
				(5) business days following the arrest or release from custody;
c. Is addicted to alcohol or drugs to such a
				degree as to render him or her unfit to perform as an EMT-basic, AEMT, or
				Paramedic;
d. Sustained a mental or
				physical disability that renders further practice by him or her dangerous to
				the public;
e. Obtained fees or
				assisted another in obtaining fees under dishonorable, false, or fraudulent
				circumstances;
f. Disregarded an
				appropriate order by a physician concerning emergency treatment, including
				protocol violations without appropriate justification;
g. At the scene of an accident or illness,
				refused to administer emergency care based on the age, sex, race, religion,
				creed, or national origin of the Patient;
h. After initiating care of a Patient at the
				scene of an accident or illness, discontinued care or Abandoned the Patient
				without the Patient's consent or without providing for the further
				administration of care by an equal or higher medical authority;
i. Revealed confidences entrusted to him or
				her in the course of medical attendance, unless this revelation was required by
				law or is necessary to protect the welfare of the individual or the
				community;
j. By action or omission
				and without mitigating circumstance, contributed to or furthered the injury or
				illness of a Patient under his or her care;
k. Was careless, reckless, or irresponsible
				in the operation of an emergency vehicle;
l. Performed skills above the level for which
				he or she was certified or endorsed or performed skills that he or she was not
				trained to do;
m. Observed the
				administration of substandard care by another EMT-basic, AEMT, Paramedic, or
				other medical provider without documenting the event and notifying a
				supervisor;
n. By his or her
				actions or inactions, created a substantial possibility that death or serious
				physical harm could result;
o. Did
				not take or complete remedial training or other courses of action as directed
				by the Department as a result of an investigation or inquiry;
p. Was found to be guilty of the
				falsification of documentation as required by the Department;
q. Breached a section of the Emergency
				Medical Services Act of South Carolina or a subsequent amendment of the Act or
				any rules or regulations published pursuant to the Act;
r. Has acted to disrespect, demean, disparage
				the Patient; has used profane, vulgar, or obscene language to or directed at
				the Patient; or has derogated from standard professional conduct; or
s. Was found guilty of a violent crime as
				defined in S.C. Code Section
				16-1-60.