1. A. If the Department determines that an applicant or EMCT is not in substantial compliance with applicable laws and rules, under A.R.S. § 36-2204 or 36-2211, the Department may:

   1. 1. Take the following action against an applicant or EMCT:

      1. a. After notice is provided according to A.R.S. § 36-2211 and, if applicable, A.R.S. Title 41, Chapter 6, Article 10, issue:

         1. i. A decree of censure to the EMCT, or
         2. ii. An order of probation to the EMCT; or

      2. b. After notice and opportunity to be heard is provided according to A.R.S. Title 41, Chapter 6, Article 10:

         1. i. Deny an application,
         2. ii. Suspend the EMCT’s certificate, or
         3. iii. Revoke the EMCT’s certificate; and
   2. 2. Assess civil penalties against the EMCT.

2. B. In determining which action in subsection (A) is appropriate, the Department shall consider:

   1. 1. Prior disciplinary actions;
   2. 2. The time interval since a prior disciplinary action, if applicable;
   3. 3. The applicant’s or EMCT’s motive;
   4. 4. The applicant’s or EMCT’s pattern of conduct;
   5. 5. The number of offenses;
   6. 6. Whether the applicant or EMCT failed to comply with instructions from the Department;
   7. 7. Whether interim rehabilitation efforts were made by the applicant or EMCT;
   8. 8. Whether the applicant or EMCT refused to acknowledge the wrongful nature of the misconduct;
   9. 9. Whether the applicant or EMCT made timely and good-faith efforts to rectify the consequences of the misconduct;
   10. 10. The submission of false evidence, false statements, or other deceptive practices during an investigation or disciplinary process;
   11. 11. The vulnerability of a patient or other victim of the applicant’s or EMCT’s conduct, if applicable; and
   12. 12. How much control the applicant or EMCT had over the processes or situation leading to the misconduct.

Historical Note

Adopted effective October 15, 1996 (Supp. 96-4). Section repealed; new Section made by final rulemaking at 9 A.A.R. 5372, effective January 3, 2004 (Supp. 03-4). Section R9-25-409 renumbered to Section R9-25-407; new Section R9-25-409 renumbered from Section R9-25-411 and amended by exempt rulemaking at 19 A.A.R. 4032, effective December 1, 2013 (Supp. 13-4). Amended by final expedited rulemaking at 24 A.A.R 268, with an immediate effective date of January 9, 2018 (Supp. 18-1). Amended by final rulemaking at 31 A.A.R. 332 (January 24, 2025), with an immediate effective date of December 31, 2024 (Supp. 24-4).