Title 7 . Health and Social Services

Chapter 26 . Embalming and Other Post-Mortem Services

Section 950. Grounds to suspend, revoke, or deny certification or recertification

7 AAC 26.950. Grounds to suspend, revoke, or deny certification or recertification

(a) The department will revoke, suspend, deny, or not issue an individual's certification or recertification as an EMT-I, EMT-II, EMT--III, ETT Instructor, EMT-I Instructor, EMT-II Instructor or EMT-III Instructor if the individual

(1) has been convicted of an offense against a person set out in AS 11.41 that is a class A or unclassified felony or an offense with substantially similar elements in another jurisdiction;

(2) has been convicted of an offense under AS 11.71.010 (Misconduct Involving a Controlled Substance in the First Degree) or an offense with substantially similar elements in another jurisdiction;

(3) is currently incarcerated for an offense set out in (b)(1) - (3) of this section or an offense with substantially similar elements in another jurisdiction; or

(4) requests that the individual's certification or recertification be revoked, suspended, or not issued.

(b) The department will revoke, suspend, or deny an individual's certification or recertification as an EMT-I, EMT-II, EMT-III, ETT Instructor, EMT-I Instructor, EMT-II Instructor or EMT-III Instructor if the department determines that the individual

(1) within the preceding 15 years has been convicted of an offense that is a class B or class C felony or class A misdemeanor for an offense against a person under AS 11.41, or an offense with substantially similar elements in another jurisdiction;

(2) within the preceding 10 years has been convicted of an offense that is a felony or class A misdemeanor under AS 11.61 (Offenses Against Public Order), or an offense with substantially similar elements in another jurisdiction;

(3) within the preceding 10 years has been convicted of an offense that is a class B or class C felony or class A misdemeanor under AS 11.71 (Misconduct Involving a Controlled Substance), or an offense with substantially similar elements in another jurisdiction;

(4) within the preceding three years has been convicted under AS 28.35.030 of operating a vehicle, aircraft, or watercraft while intoxicated, or under AS 28.35.032 for refusal to submit to a chemical test;

(5) has failed to notify the department in writing within 30 days after being charged with an offense that is a class A misdemeanor or a felony under the law of this state or an offense with substantially similar elements in another jurisdiction;

(6) is currently on work release, probation, or parole;

(7) has committed gross misconduct in the performance of duties as an EMT;

(8) has violated federal or state laws pertaining to medical practice;

(9) has used fraud or deceit to obtain a certificate from this state under 7 AAC 26.010 - 7 AAC 26.180, or from another state, or from the National Registry of Emergency Medical Technicians;

(10) has cheated on an examination for certification, committed theft of certification examination materials, or misused certification examination materials;

(11) has had a certificate or license as a health care provider revoked or suspended by the licensing or certifying authority of a state, territory, or country, or by the National Registry of Emergency Medical Technicians;

(12) has knowingly, willfully, or grossly negligently violated patient privacy or confidentiality by releasing information to persons who are not directly involved in the care or treatment of the patient, or otherwise authorized to receive the information;

(13) has falsified or altered training records, certification records, or patient records, or participated in the release or issuance of false continuing medical education documents, including verifying continuing medical education for an individual who did not legitimately attend an educational session, or signing an individual into an educational session that the individual did not actually attend;

(14) has committed an act that constitutes a violation of a federal, state or local law, and that recklessly endangers other EMS providers, public safety officials, students in an approved EMS training program, patients, or the general public; or

(15) is not physically or mentally able to fulfill the responsibilities of an Emergency Medical Technician listed in the United States Department of Transportation's Emergency Medical Technician - Basic: National Standard Curriculum, Appendix A (Functional Job Analysis), as revised as of 1994.

(c) The department will revoke, suspend, or deny an individual's certification or recertification as an ETT Instructor, EMT-I Instructor, EMT-II Instructor or EMT-III Instructor for one or more of the following reasons:

(1) improperly disclosing testing materials or the content of department administered examinations;

(2) knowingly enrolling, in a department approved training program, students who did not meet the requirements outlined in the applicable course approval provisions of this chapter; or

(3) knowingly teaching more than one course that is required to be approved by the department without the courses being approved by the department under this chapter;

(4) using a curriculum that did not contain all of the objectives required for a course for which department approval is required under 7 AAC 26.050 or 7 AAC 26.450, as applicable;

(5) teaching a course approved by the department that did not provide the minimum number of hours required under this chapter.

(d) Revocations, suspensions, and refusals to certify or recertify on a ground set out in (a)(1) and (a)(2) of this section are permanent. If the department, on a ground set out in (a)(3) of this section, revokes or suspends the certification of or refuses to certify or recertify an individual, the individual is not eligible to become certified again until 36 months after termination of the individual's sentence, parole, or probation, whichever term ends latest. However, the department may lengthen or shorten this period based on the factors set out under (f) of this section. If the department, on a ground set out in (a)(4) of this section, revokes or suspends the certification of or does not certify or recertify an individual, if the individual is otherwise eligible for certification and if the department receives a written request from the individual that the certificate be issued, the department will issue a certificate valid for the remainder of the certification period.

(e) If the department, on a ground set out in (b)(1) - (b)(3), (b)(6) - (b)(15), or (c) of this section, revokes or suspends the certification of or refuses to certify or recertify an individual, the individual is not eligible to become certified again until 36 months after termination of sentence, parole or probation, or, if a criminal penalty is not imposed, 36 months after the effective date of the revocation, suspension, or denial of certification or recertification. If the department, on a ground set out in (b)(4) or (b)(5) of this section, revokes or suspends the certification of or refuses to certify or recertify an individual, the individual is not eligible to become certified again until 12 months after the effective date of the revocation, suspension, or denial of certification or recertification.

(f) Notwithstanding the time periods set out in (b) and (e) of this section, when acting on an application of an individual whose certification or recertification is subject to suspension, revocation, or denial under (b) or (c) of this section, the department may lengthen or shorten the period of time during which the individual is ineligible to apply for certification or recertification by making a determination based on the following factors:

(1) the seriousness or frequency of the offense;

(2) the length of time since the offense;

(3) evidence of rehabilitation;

(4) the satisfactory completion of all sentencing requirements;

(5) the potential danger posed to the public by an individual.

(g) The department will require an applicant who has reported a charge or conviction of a criminal offense listed in this section to obtain criminal records from one or more federal or state agencies at the applicant's own cost.

History: Eff. 6/23/2001, Register 158

Authority: AS 18.08.080

AS 18.08.082

AS 18.08.084

Editor's note: Appendix A (Functional Job Analysis), from the United States Department of Transportation's Emergency Medical Technician - Basic: National Standard Curriculum, Revised 1994, is available for a fee from the Section of Community Health and EMS, Division of Public Health, Department of Health and Social Services, Box 110616, Juneau, AK 99811-0616, may be viewed at that office, or may be downloaded from the section's web site at http://www.chems.alaska.gov.