Oregon Health Authority
Public Health Division - Chapter 333
Division 265
EMERGENCY MEDICAL SERVICES PROVIDERS
333-265-0083
Conduct or Practice Contrary to Recognized Standards of Ethics
The following list includes, but is not limited to, conduct or practice by an EMS provider that the Authority considers to be contrary to the recognized standards of ethics of the medical profession:
(1) Knowing or willful violation of patient privacy or confidentiality by releasing information to persons not directly involved in the care or treatment of the patient;
(2) Illegal drug use on or off duty;
(3) Alcohol use within eight hours of going on duty or while on duty or in an on-call status;
(4) Violation of direct verbal orders from a physician who is responsible for the care of a patient;
(5) Violation of orders given by an online medical resource physician, whether delivered by radio or telephone;
(6) Violation of standing orders without cause and documentation;
(7) Use of invasive medical procedures in violation of generally accepted standards of the medical community;
(8) Any action that constitutes a violation of any statute, municipal code, or administrative rule that endangers the public, other public safety officials, other EMS providers, patients, or the general public (including improper operation of an emergency medical vehicle);
(9) Instructing, causing or contributing to another individual violating a statute or administrative rule, including an EMS provider acting in a supervisory capacity;
(10) Participation in the issuance of false continuing education documents or collaboration therein, including issuing continuing education verification to one who did not legitimately attend an educational event;
(11) Signing-in to an educational event for a person not actually present;
(12) Knowingly assisting or permitting another EMS provider to exceed their lawful scope of practice;
(13) Unlawful use of emergency vehicle lights and sirens;
(14) Providing false or misleading information to the Authority, to the State EMS Committee, to the Subcommittee on EMT Licensure and Discipline, to an EMS educational institution or clinical/field internship agency;
(15) Responding to scenes in which the EMS provider is not properly dispatched ("call-jumping"), whether in a private auto, ambulance, or other vehicle, in violation of local protocols, procedures, or ordinances, or interfering with the safe and effective operation of an EMS system;
(16) Cheating on any examination used to measure EMS related knowledge or skills;
(17) Assisting another person in obtaining an unfair advantage on an EMS provider examination;
(18) Defrauding the Authority;
(19) Knowingly providing emergency medical care aboard an unlicensed ambulance;
(20) Violation of the terms of a written agreement with the Authority or an order issued by the Authority;
(21) Sexual misconduct that includes but is not limited to:
(a) Sexual harassment;
(b) Engaging or attempting to engage in a sexual relationship, whether or not the sexual relationship is consensual, with a patient, client, or key party; or
(c) Using an EMT-patient, EMT-client, or EMT-key party relationship to exploit the patient, client or key party by gaining sexual favors from the patient, client or key party.
(22) Arriving for duty impaired or in a condition whereby the EMS provider is likely to become impaired through fatigue, illness, or any other cause, as to make it unsafe for the employee to begin to operate an ambulance or provide patient care;
(23) Failure to cooperate with the Authority in an investigation, including failure to comply with a request for records, or a psychological, physical, psychiatric, alcohol or chemical dependency assessment;
(24) During a Governor-declared emergency, failure to comply with an applicable provision of a Governor's Executive Order or failing to comply with guidance issued by the Authority implementing an Executive Order; and
(25) Any violation of these rules or any law, administrative rule, or regulation governing ambulances, EMS providers, or emergency medical service systems.
Note: Copies of the Executive Orders are available at: https://www.oregon.gov/gov/admin/Pages/executive-orders.aspx
Copies of Oregon Health Authority Guidance are available at:
https://govstatus.egov.com/OR-OHA-COVID-19
Statutory/Other Authority: ORS 682.017
Statutes/Other Implemented: ORS 682.017, 682.220 & 682.224
History:
PH 68-2021, minor correction filed 10/05/2021, effective 10/05/2021
PH 12-2021, amend filed 03/11/2021, effective 03/11/2021
PH 8-2017, f. & cert. ef. 3-30-17
PH 15-2011, f. 12-28-11, cert. ef. 1-1-12
PH 13-2010, f. 6-30-10, cert. ef. 7-1-10