Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 110 - Emergency Medical Services Licensing, Certification, And Training Requirements › Subchapter V - Enforcement › Section DHS 110.54 - Reasons for enforcement actions

Current through June 24, 2024
The department may take any enforcement action under ss.
					 DHS
					 110.55 to 110.58, which it determines is appropriate
					 against a person subject to the requirements of this chapter and ss.
					 256.12
					 to
					 256.18,
					 Stats., for any of the following reasons:
(1) The person is not eligible for a
				  certificate, permit or license under this chapter or ss.
				  256.15
				  to
				  256.17,
				  Stats.
(2) The person made a false
				  statement on an application for, or otherwise obtained a permit, certificate or
				  license through fraud or error.
(3)
				  The licensing examination for the person was completed through error or
				  fraud.
(4) The person violated any
				  provision of ch. 256, Stats., or this chapter.
(5) The person violated an order of the
				  department.
(6) The person violated
				  a court order pertaining to emergency medical services.
(7) The person was disciplined as an
				  emergency medical responder, emergency medical services practitioner or other
				  healthcare provider in Wisconsin or another state.
(8) The person's license or certification was
				  revoked within the past two years.
(9) The person has an arrest or conviction
				  history substantially related to the performance of duties as an EMS
				  professional, as determined by the department.
(10) The person committed or permitted, aided
				  or abetted the commission of an unlawful act that substantially relates to
				  performance of EMS duties, as determined by the department.
(11) The person failed to report to the
				  department or to the emergency medical service provider director or medical
				  director a violation of the rules of this chapter by a licensee, certificate
				  holder or permit holder.
Note:
This provision does not require an
					 emergency medical service provider to report treatment information in violation
					 of the protection of the confidentiality of health care records under s.
					 146.82,
					 Stats., or the privilege for confidential communication under s.
					 905.04,
					 Stats.
(12) The person
				  failed to cooperate with the department in an investigation or made a false
				  statement during an investigation.
(13) The person failed to maintain
				  certification in CPR for health care professionals by completing a course
				  approved by the department and has performed as an emergency medical responder
				  or emergency medical services practitioner.
(14) The person practiced beyond the scope of
				  practice for his or her license or certificate.
(15) The person practiced or attempted to
				  practice when unable to do so with reasonable skill and safety.
(16) The person practiced or attempted to
				  practice while impaired by alcohol or other drugs.
(17) The person engaged in conduct that was
				  dangerous or detrimental to the health or safety of a patient or to members of
				  the general public while performing as an emergency medical responder or
				  emergency medical services practitioner.
(18) The person administered, supplied,
				  obtained or possessed any drug other than in the course of legitimate EMS
				  practice or as otherwise permitted by law.
(19) The individual engaged in inappropriate
				  sexual contact, exposure, gratification, or other sexual behavior with or in
				  the presence of a patient.
(20) The
				  person abused a patient by any act of nonconsensual force, violence,
				  harassment, deprivation, nonconsensual sexual contact or neglect.
(21) The person obtained or attempted to
				  obtain anything of value from a patient for the benefit of self or a person
				  other than the patient unless authorized by law.
(22) The person falsified or inappropriately
				  altered patient care reports.
(23)
				  The person revealed to another person not engaged in the care of the patient
				  information about a patient's medical condition when release of the information
				  was not authorized by the patient, authorized by law, or requested by the
				  department in the investigation of complaints.
(24) The person failed or refused to provide
				  emergency medical care to a patient because of the patient's race, color, sex,
				  age, beliefs, national origin, disability, medical condition, or sexual
				  orientation.
(25) The person
				  abandoned a patient.
(26) A person
				  certified as a training center or EMS instructor failed to adhere to the
				  requirements under ss.
				  DHS
				  110.18 to 110.24.
(26e) The person violated or aided and
				  abetted a violation of any law substantially related to the practice of
				  emergency medical services or was convicted of any crime substantially related
				  to the practice of emergency medical services. A certified copy of a judgment
				  of conviction is prima facie evidence of a violation.
(26m) The person failed to notify the
				  department within seven days of any arrest for violation of any law
				  substantially related to the practice of emergency medical services.
(26s) The person failed to notify the
				  department of a felony or misdemeanor conviction in writing within 48 hours
				  after the entry of the judgment of conviction, including the date, time, place,
				  and nature of the conviction of finding. Notice shall include a copy of the
				  judgment of conviction and a copy of the complaint or other information which
				  describes the nature of the crime in order that the department determine
				  whether the circumstances of the crime of which the person was convicted are
				  substantially related to the practice of emergency medical services.
(27) A person licensed as an emergency
				  medical services provider failed to provide or maintain, when required,
				  insurance coverage sufficient to protect EMS professionals in the performance
				  of their duties for the provider.
(28) A person licensed as an emergency
				  medical services provider violated any provision of its approved operational
				  plan or took actions not authorized by the plan.