(a) Any person subject to regulation pursuant to this part may be subject to discipline or may be denied authorization for the following prohibited acts:
Terms Used In Tennessee Code 68-140-311
Ambulance: means any privately or publicly owned land or air vehicle that is especially designed, constructed or modified and equipped and is intended to be used for and is maintained or operated for transportation upon the streets, highways or airways in this state for persons who are sick, injured, wounded, otherwise incapacitated, helpless, or in need of medical care. See Tennessee Code 68-140-302
Ambulance service: means the principal use of any privately or publicly owned ambulance for the transportation of injured or infirm persons. See Tennessee Code 68-140-302
Authorization: means any and all forms of official permission required by this part, including licenses, permits and certificates. See Tennessee Code 68-140-302
Certificate: means official acknowledgment that an individual has successfully complied with all requirements to practice and has completed a training program accredited or recognized by the board. See Tennessee Code 68-140-302
Conviction: A judgement of guilt against a criminal defendant.
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.
Fraud: Intentional deception resulting in injury to another.
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.
License: means an authorization to a person to provide ambulance services. See Tennessee Code 68-140-302
Medical direction: means the supervision by a physician licensed to practice in the state of Tennessee of all medical aspects of patient care within EMS. See Tennessee Code 68-140-302
Patient: means an individual who, as a result of physical or mental condition, needs medical attention. See Tennessee Code 68-140-302
Permit: means an authorization issued for an ambulance vehicle as meeting the standards adopted pursuant to this part. See Tennessee Code 68-140-302
Person: means any individual, association, organization or any other business entity, either profit or nonprofit, any state or local governmental entity, and federal agencies to the extent permitted by federal law. See Tennessee Code 68-140-302
Practice: means the exercise of principles and skills for effective emergency medical care under medical direction recognized as acts and responsibilities within the discipline of emergency medical services. See Tennessee Code 68-140-302
Service: means the provision of organized response by ambulances or emergency response vehicles, or the provision of emergency care on an organized basis. See Tennessee Code 68-140-302
sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) Violation or attempted violation or assisting in or abetting the violation of or conspiring to violate any of the following:
(A) Any provision of this part;(B) Any rule or regulation of the board;(C) Any order issued pursuant to this part;(D) Any terms or conditions of an authorization; or(E) Any criminal statute of any state or Canadian province, or of the United States or Canada which involves moral turpitude or reflects upon the person’s ability to fulfill such person’s responsibilities under this part;(2) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances, controlled substance analogues or other drugs or stimulants in such manner as to adversely affect the delivery, performance or activities in the care of the patients requiring medical care;(3) Making false statements or representations, being guilty of fraud or deceit in obtaining authorization;(4) Making false or materially incorrect or inconsistent entries in any patient records or in the records of any ambulanceservice, health care facility, school, institution or other work place location;(5) Failure to report patient care which accurately reflects the evaluation and treatment of each patient;(6) Abandoning or neglecting a patient requiring emergency care, following assumption of duty;(7) Unauthorized use or removal of narcotics, drugs, supplies or equipment from any ambulance, health care facility, school, institution or other work place location;(8) Performing or attempting emergency care techniques or procedures without proper permission, license, certification, training, medical direction, or otherwise engaging in unethical practices or conduct;(9) Assigning persons to perform functions contrary to this part or rules and regulations of the board;(10) Failing to submit an application, required documentation, or fee by the established expiration date;(11) Permitting or allowing another person to use the licensed person’s license or certificate for the purpose of practicing or impersonating an EMT or other certified or licensed health care provider;(12) Discriminating in rendering emergency care because of race, sex, creed, religion, national origin or ability to pay;(13) Gross health care liability or negligence, or a pattern of continued or repeated health care liability, ignorance, negligence or incompetence in the provision of emergency care;(14) Failure of the owner or provider of any ambulance or emergency medical service to ensure compliance by such service and its personnel with this part and all regulations promulgated hereunder; or(15) Refusing to follow the medical orders of a licensed medical doctor or doctor of osteopathy on the scene if such physician:
(A) Takes responsibility for the care of the patient;(B)(i) Either travels with the patient to the hospital; or(ii) Reaches an agreement with the base hospital physician that the patient has been stabilized and can be transported safely without the continued attendance of the physician; and(C) Signs the trip records of the ambulance service relative to the orders and treatment given on the scene and in transit, if applicable.(b) Disciplinary action against a person licensed to practice by another state of the United States for any acts or omissions which would constitute grounds for discipline of a person licensed in this state. A certified copy of the initial or final order or other equivalent document memorializing the disciplinary action from the disciplining state shall constitute prima facie evidence of a violation of this section, and shall be sufficient grounds upon which to deny, restrict, or condition licensure or renewal and/or otherwise discipline a licensee licensed in this state.(c) In disciplinary actions against individuals holding a license, certificate, permit, or authorization in this state at the time of a disciplinary action in another reporting state, in the absence of justifying evidence to the contrary, there shall be a rebuttable presumption that the sanction proposed in any such proceeding will be comparable to that in the reporting state. However, no such presumption shall exist for those who are applying for licensure, certification, permit, or authorization in this state during or after the time the disciplinary action in the other state is pending or has become final. If the board denies, restricts, or conditions a licensure, certification, permit, or authorization based on a disciplinary action in another state, the applicant shall, upon written request, filed within thirty (30) days of the date of the action on the application, be entitled to a contested case hearing.(d) Any person subject to regulation under this part must notify the Tennessee emergency medical services board of all convictions and pending charges, including arrests, citations for reckless driving under § 55-10-205, and indictments, for commission of a felony or misdemeanor in any jurisdiction within ten (10) business days of the occurrence of such actions. This subsection (d) shall apply to persons whose licenses are active, inactive, or suspended on the date of the conviction or the date the charges were filed. Failure to timely notify the Tennessee emergency medical services board of the occurrence of such actions shall result in the suspension of active and inactive licenses.
