OAR 333-265-0085: Investigations

(1) The Oregon Health Authority (Authority) may conduct an investigation of an EMS provider if: (a) The Authority receives a report in accordance with ORS 676.150 or complaint concerning an EMS provider; (b) Personal or criminal history questions arise during a review of an application that raise questions about the EMS provider's ability to safely perform the duties of an EMS provider; (c) A reportable action is received pursuant to OAR 333-265-0080; (d) An EMS provider licensed as a Transitional Paramedic has failed to submit accurate annual progress reports; or (e) The Authority receives information in any manner that indicates an EMS provider: (A) Has violated ORS chapter 682 or these rules; (B) May be medically incompetent; (C) May be guilty of prohibited, unprofessional or dishonorable conduct; or (D) May be mentally or physically unable to safely function as an EMS provider. (2) The Authority may investigate the off-duty conduct of an EMS provider to the extent that such conduct may reasonably raise questions about the ability of the EMS provider to perform the duties of an EMS provider in accordance with the standards established by the Authority. (3) Upon receipt of a report or complaint about an EMS provider or applicant, the Authority may conduct an investigation as described under ORS 676.165 and 682.220. Investigations shall be conducted in accordance with ORS 676.175, ORS 682.224, and this rule. (4) The fact that an investigation is conducted by the Authority does not imply that disciplinary action will be taken. (5) During an investigation the Authority may do any of the following: (a) Request additional information from the EMS provider; (b) Conduct a phone or in-person interview; or (c) Request or order that the EMS provider undergo a psychological, physical, psychiatric, alcohol or chemical dependency assessment. (6) Information obtained during an investigation shall be kept confidential and not disclosed to the public. (7) In determining the appropriate disciplinary action, the Authority shall consider the following: (a) The nature of the violation and relevant facts; (b) The number of repeated or related offenses; (c) Any other discipline or corrective action taken by an employer or supervising physician; and (d) Letters of support, recommendation or concern if offered by the licensee or other party. (8) Prior to taking any disciplinary action the Authority must determine if the EMS provider has been disciplined for the questioned conduct by the EMS provider’s employer or supervising physician. The authority shall consider any such discipline or any other corrective action in deciding whether additional discipline or corrective action by the Authority is appropriate.