Title: Section 800.16 - Suspension or revocation of certification

800.16 Suspension or revocation of certification.

(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 § 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.

(b) Notwithstanding subdivision (a), the Commissioner may summarily suspend any certification issued pursuant to this Part 800 or Article 30 of the Public Health Law in accordance with the summary action provisions of Public Health Law Section 16 and State Administrative Procedure Act Section 401.