Superseded 7/1/2024)

Superseded 7/1/2024
26B-4-129.  Discipline of emergency medical services personnel.

(1)  The department may refuse to issue a license or renewal, or revoke, suspend, restrict, or place on probation an individual’s license if:

Terms Used In Utah Code 26B-4-129

  • Committee: means the State Emergency Medical Services Committee created by Section 26B-1-204. See Utah Code 26B-4-101
  • Emergency medical services: means :
(a) medical services;
(b) transportation services;
(c) behavioral emergency services; or
(d) any combination of the services described in Subsections (11)(a) through (c). See Utah Code 26B-4-101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Statute: A law passed by a legislature.
  • (a)  the individual does not meet the qualifications for licensure under Section 26B-4-116;

    (b)  the individual has engaged in conduct, as defined by committee rule, that:

    (i)  is unprofessional;

    (ii)  is adverse to the public health, safety, morals, or welfare; or

    (iii)  would adversely affect public trust in the emergency medical service system;

    (c)  the individual has violated Section 26B-4-127 or other provision of this part;

    (d)  the individual has violated Section 58-1-509;

    (e)  a court of competent jurisdiction has determined the individual to be mentally incompetent for any reason; or

    (f)  the individual is unable to provide emergency medical services with reasonable skill and safety because of illness, drunkenness, use of drugs, narcotics, chemicals, or any other type of material, or as a result of any other mental or physical condition, when the individual’s condition demonstrates a clear and unjustifiable threat or potential threat to oneself, coworkers, or the public health, safety, or welfare that cannot be reasonably mitigated.

    (2) 

    (a)  An action to revoke, suspend, restrict, or place a license on probation shall be done in:

    (i)  consultation with the peer review board created in Section 26B-4-102; and

    (ii)  accordance with Title 63G, Chapter 4, Administrative Procedures Act.

    (b)  Notwithstanding Subsection (2)(a), the department may issue a cease and desist order under Section 26B-4-133 to immediately suspend an individual’s license pending an administrative proceeding to be held within 30 days if there is evidence to show that the individual poses a clear, immediate, and unjustifiable threat or potential threat to the public health, safety, or welfare.

    (3)  An individual whose license has been suspended, revoked, or restricted may apply for reinstatement of the license at reasonable intervals and upon compliance with any conditions imposed upon the license by statute, committee rule, or the terms of the suspension, revocation, or restriction.

    (4)  In addition to taking disciplinary action under Subsection (1), the department may impose sanctions in accordance with Section 26B-1-224.

    Renumbered and Amended by Chapter 307, 2023 General Session