In performing respiratory care functions, a temporary
permittee or licensed practitioner is under the legal duty to possess and to
apply the knowledge, skill, and care that is ordinarily possessed and exercised
by other temporary permittees and licensed practitioners and required by the
generally accepted standards of the profession. The failure to possess or to
apply to a substantial degree such knowledge, skill, and care constitutes gross
negligence.
A. Charges of gross
negligence may be based upon a single act of gross negligence or upon a course
of conduct or series of acts or omissions which extend over a period of time
and which, taken as a whole, demonstrate gross negligence.
B. It shall not be necessary to show that
actual harm resulted from the act or omission or series of acts or omissions so
long as the conduct is of such a character that harm could have resulted to the
patient or to the public from the act or omission or series of acts or
omissions.
C. Proof of intent will
not be necessary to establish gross negligence.
D. The following shall be deemed prime
examples of activities which demonstrate that the temporary permittee or
licensed practitioner has engaged in an act or acts of gross negligence. The
department, in consultation with the board, shall not be limited to this list
in determining whether an act or acts constitute gross negligence.
(1) Acting in a manner inconsistent with the
care for the welfare, health, or safety of patients set forth by the facility
in which the temporary permittee or licensed practitioner is
employed.
(2) Performance or
conduct that substantially departs from, or fails to conform to, the minimal
reasonable standards of acceptable and prevailing practice of respiratory
care.
(3) Failure to adhere to the
facility's quality assurance standards and risk management
recommendations.
(4) Failure to
maintain an appropriate standard of care.
(5) Failure to follow established policies
and procedures.
(6) Performing
procedures beyond the scope of one's training and education.
(7) Attempting to treat too many patients
simultaneously, resulting in harm to one or more patients.
