As authorized by N.C.G.S. § 131E-159(h):
- A person who is required to register as a sex offender under Article 27A of Chapter 14 of the General Statutes, or who was convicted of an offense which would have required registration if committed at a time when such registration would have been required by law, shall not be granted EMS credentials. The Department shall not renew the credentials of any person who would be ineligible for EMS credentials under this subsection.
As authorized by 10A NCAC 13P .0511 CRIMINAL HISTORIES:
(a) The criminal background histories for all individuals who apply for, seek to renew, or hold EMS credentials shall be reviewed pursuant to G.S. 131E-159(g).
(b) In addition to Paragraph (a) of this Rule, the OEMS shall carry out the following for all EMS Personnel whose primary residence is outside North Carolina, individuals who have resided in North Carolina for 60 months or less, and individuals under investigation by the OEMS who may be subject to administrative enforcement action by the Department under the provisions of Rule .1507 of this Subchapter:
- obtain a signed consent form for a criminal history check;
- obtain fingerprints on an SBI identification card or live scan electronic fingerprinting system at an agency approved by the North Carolina Department of Public Safety;
- obtain the criminal history from the Department of Public Safety; and
- collect any processing fees from the individual identified in Paragraph (a) or (b) of this Rule as required by the Department of Public Safety pursuant to G.S. 143B-952 prior to conducting the criminal history background check.
(c) An individual who makes application for renewal of a current EMS credential or advancement to a higher level EMS credential who has previously submitted a criminal background history required under the criteria contained in Paragraph (b) of this Rule may be exempt from the residency requirements of Paragraph (b) of this Rule if determined by OEMS that no other circumstances warrant another criminal history check as set forth in Paragraph (b) of this Rule.
(d) An individual shall not be eligible for initial or renewal of EMS credentials if the applicant refuses to consent to any criminal history check as required by G.S. 131E-159(g). Since payment is required before the fingerprints may be processed by the Department of Public Safety, failure of the applicant or credentialed EMS personnel to pay the required fee in advance shall be considered a refusal to consent for the purposes of issuance or retention of an EMS credential.
As authorized by 10A NCAC 13P .1507 EMS PERSONNEL CREDENTIALS
(a) An EMS credential that has been forfeited under G.S. 15A-1331.1 may not be reinstated until the person has complied with the court’s requirements, has petitioned the Department for reinstatement, has completed the disciplinary process, and has received Department reinstatement approval.
(b) The Department shall amend, deny, suspend, or revoke the credentials of EMS personnel for any of the following:
- significant failure to comply with the applicable performance and credentialing requirements as found in this Subchapter;
- making false statements or representations to the Department, or concealing information in connection with an application for credentials;
- making false statements or representations, concealing information, or failing to respond to inquiries from the Department during a complaint investigation;
- tampering with, or falsifying any record used in the process of obtaining an initial EMS credential, or in the renewal of an EMS credential;
- in any manner or using any medium, engaging in the stealing, manipulating, copying, reproducing, or reconstructing of any written EMS credentialing examination questions, or scenarios;
- cheating, or assisting others to cheat while preparing to take, or when taking a written EMS credentialing examination;
- altering an EMS credential, using an EMS credential that has been altered, or permitting or allowing another person to use his or her EMS credential for the purpose of alteration. “Altering” includes changing the name, expiration date, or any other information appearing on the EMS credential;
- unprofessional conduct, including a significant failure to comply with the rules relating to the function of credentialed EMS personnel contained in this Subchapter, or the performance of or attempt to perform a procedure that is detrimental to the health and safety of any person, or that is beyond the scope of practice of credentialed EMS personnel or EMS instructors;
- being unable to perform as credentialed EMS personnel with reasonable skill and safety to patients and the public by reason of illness that will compromise skill and safety, use of alcohol, drugs, chemicals, or any other type of material, or by reason of any physical impairment;
- conviction in any court of a crime involving moral turpitude, a conviction of a felony, a conviction requiring registering on a sex offender registry, or conviction of a crime involving the scope of practice of credentialed EMS personnel;
- by false representations obtaining or attempting to obtain, money or anything of value from a patient;
- adjudication of mental incompetence;
- lack of competence to practice with a reasonable degree of skill and safety for patients, including a failure to perform a prescribed procedure, failure to perform a prescribed procedure competently, or performance of a procedure that is not within the scope of practice of credentialed EMS personnel or EMS instructors;
- performing as a credentialed EMS personnel in any EMS System in which the individual is not affiliated and authorized to function;
- performing or authorizing the performance of procedures, or administration of medications detrimental to a student or individual;
- delay or failure to respond when on-duty and dispatched to a call for EMS assistance;
- testing positive, whether for-cause or at random, through urine, blood, or breath sampling, for any substance, legal or illegal, that is likely to impair the physical or psychological ability of the credentialed EMS personnel to perform all required or expected functions while on duty;
- failure to comply with G.S. 143-518 regarding the use or disclosure of records or data associated with EMS Systems, Specialty Care Transport Programs, Alternative Practice Settings, or patients;
- refusing to consent to any criminal history check required by G.S. 131E-159;
- abandoning or neglecting a patient who is in need of care, without making arrangements for the continuation of such care;
- falsifying a patient’s record or any controlled substance records;
- harassing, abusing, or intimidating a patient, student, bystander, or OEMS staff, either physically, verbally, or in writing;
- engaging in any activities of a sexual nature with a patient, including kissing, fondling, or touching while responsible for the care of that individual;
- any criminal arrests that involve charges that have been determined by the Department to indicate a necessity to seek action in order to further protect the public pending adjudication by a court;
- altering, destroying, or attempting to destroy evidence needed for a complaint investigation being conducted by the OEMS;
- significant failure to comply with a condition to the issuance of an encumbered EMS credential with limited and restricted practices for persons in the chemical addiction or abuse treatment program;
- unauthorized possession of lethal or non-lethal weapons, chemical irritants to include mace, pepper (oleoresin capsicum) spray and tear gas, or explosives while in the performance of providing emergency medical services;
- significant failure to comply to provide EMS care records to the licensed EMS provider for submission to the OEMS as required by Rule .0204 of this Subchapter;
- continuing to provide EMS care after local suspension of practice privileges by the local EMS System, Medical Director, or Alternative Practice Setting; or
- representing or allowing others to represent that the credentialed EMS personnel has a credential that the credentialed EMS personnel does not in fact have.
- diversion of any medication requiring medical oversight for credentialed EMS personnel; or
- filing a knowingly false complaint against an individual, EMS Agency, or educational institution.
(c) Pursuant to the provisions of G.S. 131E-159(h), the OEMS shall not issue an EMS credential for any person listed on the North Carolina Department of Public Safety, Sex Offender and Public Protection Registry, or who was convicted of an offense that would have required registration if committed at a time when the registration would have been required by law.
(d) Pursuant to the provisions of G.S. 50-13.12, upon notification by the court, the OEMS shall revoke an individual’s EMS credential until the Department has been notified by the court that evidence has been obtained of compliance with a child support order. The provisions of G.S. 50-13.12 supersede the requirements of Paragraph (f) of this Rule.
(e) When a person who is credentialed to practice as an EMS professional is also credentialed in another jurisdiction and the other jurisdiction takes disciplinary action against the person, the Department shall summarily impose the same or lesser disciplinary action upon receipt of the other jurisdiction’s action. The EMS professional may request a hearing before the EMS Disciplinary Committee. At the hearing the issues shall be limited to:
- whether the person against whom action was taken by the other jurisdiction and the Department are the same person;
- whether the conduct found by the other jurisdiction also violates the rules of N.C. Medical Care Commission; and
- whether the sanction imposed by the other jurisdiction is lawful under North Carolina law.
- The law also covers military spouses.
