Tennessee Code Annotated

Title 68: Health, Safety and Environmental Protection

Safety

Chapter 140: Emergency Services

Part 3: Emergency Medical Services Act of 1983

TCA 68-140-311: Prohibited acts -- Disciplinary action.

(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:

(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 ambulance service, 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.

History: Acts 1983, ch. 440, SC 13; 1990, ch. 932, SC 1; T.C.A., SC 68-39-511; Acts 1992, ch. 796, SC 5; 2001, ch. 286, SC 3; 2010, ch. 773, SC 1; T.C.A., SC 68-140-511; Acts 2012, ch. 798, SC 58; 2012, ch. 848, SC 95.