You must commit time and money to become a professional emergency medical technician (EMT) or paramedic in California. Paramedics and EMTs must also be physically fit, mentally alert, and have relevant education and hands-on training. Securing an EMT or paramedic professional license is expensive, complicated, and tedious. Sadly, you can lose your license much more quickly than you acquired it.

Several offenses can attract disciplinary actions, including license revocation or suspension. Fortunately, even if you face allegations of misconduct, you will not be guaranteed to lose your license. The law permits you to fight the accusations leveled against you. At this point, you require the services of an attorney to challenge your charges. An experienced and skilled attorney who understands the laws regulating EMTs & paramedics can help you navigate the administrative disciplinary process. The Fresno License Attorney has competent and experienced attorneys who can handle your license defense case, no matter how intricate.

Paramedics And EMTs Duties

Emergencies, whether accidents or fires, are unpredictable. EMTs and paramedics are the first to respond to an accident scene in most of these emergencies. Unfortunately, people often overlook emergency professionals' trying and heroic work daily. People will appreciate you until you make a mistake. You can be subjected to criminal charges or the suspension or revocation of your professional license.

Every medical procedure you perform, any decision you make, or the administration of drugs, even in hard times, binds you legally and ethically to a higher standard of care. You are required to do the following and document your actions correctly:

  • Evaluate hectic situations fast
  • Take commands quickly, and
  • Make the best possible decision for the safety of other people

You are also expected to be up to date with the current changes in medications, procedures, and laws affecting your job. You can save others as you do all these, but your license is always at risk. Your entire profession can be threatened if you make even one oversight error.

Most people do not understand the duties of the EMTs and paramedics. EMTs are trained specifically to help paramedics and doctors. They are restricted to the types of services they are required to provide. Sadly, sometimes this attracts accusations of inaction even if you did all you had to and in a way that you were trained. On the other hand, the role of paramedics is to carry out invasive treatment techniques.

The focus of the EMTs is mainly on interviewing patients. They also do the following:

  • Take note of crucial symptoms
  • Report their actions and evaluations to the hospital so that doctors can pick up from where they left
  • Carry seriously injured fire or accident patients to the emergency room
  • Provide prompt life support

EMTs usually serve as adjuncts to the paramedics.

Standards Of Care For EMTs And Paramedics

The work of EMTs and paramedics is challenging because everyone working in this demanding career is legally, ethically, and morally responsible for every drug administered. This is the correct algorithm for each unique case or compliance with treatment protocols. You are expected to perform your role within a specific extent of your profession and adhere to the standard of care. Identifying and documenting the effects of the administered drugs is mandatory. You must also keep up to date with trends, contraindications, and changes in the use and administration of these medications.

Through observation and interviews, paramedics must know the proper medications for a particular patient. You can achieve this based on the signs and symptoms you see in a patient. The intrusive method you use must become your second nature, leaving no doubt that the drug or treatment you prescribed is being administered to accident victims.

You must be able to deal with adverse and regular dangerous situations as a paramedic or EMT. This can include receiving phone calls from locations prone to fire breakouts. The guardians of the injured and sick are the emergency medical technicians:

  • Your commitment to assisting patients must be unconditional
  • You must be tolerance for substantial stress
  • The capability to satisfy the physical and intellectual demands placed on you
  • Accompanied by strong emotional stability

You can be an easy target for accusations by the Board of Emergency Medical Services Authority (EMSA) because of the nature of the duties you are trained to provide. You should hire an experienced attorney to walk with you if you are accused of misconduct.

Offenses That Can Attract A Disciplinary Action And Suspension Of EMT And Paramedics License By EMSA

Complaints are always filed against EMTs and paramedics. Most allegations arise from the nature of the EMT or paramedic job. Other accusations against the paramedics or EMTs are associated with criminal activities. The rule of background checks can make it hard for EMTs or paramedics to renew their licenses. This rule also puts licenses at a higher risk of revocation.

The following are the common offenses that can attract disciplinary action under Health and Safety Code HSC 1798.200:

  • Operating outside the medical control's supervision in the field care system. Practicing locally except as authorized by any other certification or license.
  • Exhibiting irrational conduct or physical disability/impairment to a level that a reasonable and prudent person would have a reason to doubt your ability to perform your role.
  • Violating or an attempt to violate any state or federal law that regulates dangerous drugs, narcotics, or controlled substances
  • Violating or an attempt to violate directly or indirectly or aiding and abetting the attempt to violate any provision under the statutes governing EMTs and paramedics.
  • Incompetence
  • Committing any corrupt, fraudulent, or dishonest act that is significantly related to the roles, functions, or qualifications of pre-hospital personnel
  • Recurrent negligent acts
  • Procuring any certificate or license under this department fraudulently
  • Gross negligence

Exhibiting unprofessional conduct can also attract disciplinary action. Unprofessional conduct acts can include:

  • Committing any form of a workplace sex offense
  • Failing to keep the patient's information confidential, except if revealing is permitted or required by law under Civil Code Section 56-56.6
  • Mistreatment of the patient or physical abuse by excessive force compared to what a reasonable and prudent person trained and acting in the same capacity would do under the same situation.

You can feel like there is no hope and give up on your profession if a formal accusation about committing the above violations is filed against you. As an EMT or paramedic, you might feel like you have reached the end at the thought of being put behind bars for drug abuse off the job. You are expected to have mixed feelings when your license is at risk. Many paramedics or EMTs would feel the same when subjected to administrative hearings and possible license revocation or suspension.

However, being in trouble with EMSA is not the end of your profession. With proper legal representation, being under investigation does not have to lead to any disciplinary action being imposed on you. Your licensed attorney can present various mitigating factors during the hearing that can earn you a favorable outcome.

The Process Of Immediate Suspension Of Your License

The EMSA director or the LEMSA medical director can suspend your license temporarily before a hearing under HSC 1798.202(a). He/she can do so after establishing that:

  • If allowed to continue practicing as an EMT or paramedic, you pose an impending danger to the safety and health of the public.
  • You have engaged in acts or omissions that form the basis for suspension.

Health and Safety Code 1798.202(b) provides that LEMSA shall transfer all the necessary documentary evidence to EMSA within three business days. This can happen after a temporary suspension of your license. EMSA can forward your details through overnight facsimile or mail. The EMSA director can take two days from the day he/she receives the evidence to determine if the order to suspend your license temporarily should continue.

Once the director confirms that the order stays, the EMSA will have 15 days from receiving the proof to serve the order and claims against you under HSC 1798.202(c). A hearing will be conducted within 30 days of filing under 1798.202(d) if you file a notice of defense. The EMSA director will have 15 days to make the final decision after receiving the resolution made by the administrative law judge (ALJ). LEMSA and your employer will be informed if the EMSA suspends your license temporarily.

The Guidelines Of EMSA For Disciplinary Orders And Probationary Conditions

EMSA has created guidelines for disciplinary orders for EMTs and paramedics throughout the state. The purpose of the guidelines is to give consistent and equitable punishment in cases related to professional misconduct or criminal acts. EMSA uses these guidelines as a standard for solving disciplinary issues when you move to resolve whatever claims against you via a negotiated agreement. The settlement, however, can be on the conditions that the two entities feel are appropriate under the Administrative Procedure Act.

The guidelines will guide the ALJ in making their recommendations to EMSA if you invoke your privilege to fight the allegations through the Administrative Procedure Act. The recommendations to EMSA can be the type of disciplinary action to be taken against you if necessary.

You can table your views throughout the investigations, filing the allegations, settlement negotiations, and at the administrative hearing. You will have to incur the cost of your legal representation. The guidelines are crucial because they will assist you in knowing the punishment you will face.

The Factors That The Administrative Law Judge Will Consider Before Recommending The Disciplinary Action

The administrative law judge will consider several factors when deciding on disciplinary action that is suitable for you. The EMSA guidelines for disciplinary orders will guide the judge. Some of the factors can include:

  • Evidence of record expungement, if applicable
  • The time that has elapsed since you committed the offense
  • If there has been a prior criminal conviction, following the terms and conditions of your probation or sentence
  • General criminal record
  • Any punishment your employer imposed on you for committing the alleged crime
  • The evidence of rehabilitation
  • Aggravating factors
  • Evidence of mitigation
  • Various current offenses
  • Prior on-record warning or past remediation
  • Previous disciplinary history
  • Actual or potential harm to the patient
  • Actual or potential danger to the public
  • Seriousness and nature of the action or crime under consideration

The EMSA Disciplinary Actions

The EMSA can take disciplinary measures against you under HSC 1798.200. It can also state additional regulations and laws that provide a basis for punishment when bringing an accusation against you.

The disciplinary guidelines recommend progressive punishment unless the circumstances of a specific case justify extra significant disciplinary actions. Fines are the least harmful punishment EMSA can impose on you. The second is probation, suspension is the third, and the last is revocation.

The EMSA or ALJ will give credit for the discipline your employer imposed on you when determining the correct disciplinary action for you. They will also credit any immediate license suspension the LEMSA imposed on you for the alleged crime. The ALJ can recommend disciplinary action against you if there are no aggravating or mitigating factors. According to the ALJ's recommendations, you can face maximum or minimum disciplinary action for your offense. The judge will explain if he/she recommends any discipline listed or a disciplinary measure above the maximum or lower than the prescribed minimum. However, the EMSA director will make a final ruling on the type of punishment you can face.

According to the law, EMSA can impose a fine of $2500 per crime as long as the crime you committed did not cause any injury to the patient.

Find a Skilled License Attorney Near Me

If you are an EMT or paramedic and currently undergoing a board investigation, all is not lost. It can be traumatizing to have your license at risk because it could mean the end of your career. However, with the proper legal representation, all is not lost. You should contact a competent attorney immediately after you learn you are under investigation. An attorney will evaluate the relevant facts of your case, gather evidence, and help you file a claim to fight your charges. If you need a committed attorney to safeguard your professional license, contact the Fresno License Attorney. Our attorneys have extensive experience in license defense. They will help you fight the charges against you and seek the best possible outcome. Contact us at 559-777-7040 to speak to one of our attorneys.