If you are an emergency medical technician (EMT) or paramedic in California, you understand how crucial it is to protect your license to continue practicing. However, sometimes doing that is not easy. Allegations of illegal activity or misconduct can result in your license being suspended or revoked, which can, in turn, lead to you losing your job and, unfortunately, even the end of your career. With so much at stake, seeking legal representation from a professional and seasoned healthcare license defense lawyer if you face any allegation is crucial to safeguarding your future.
At San Luis Obispo License Attorney, we boast the legal expertise and knowledge to thoroughly probe the situation before collecting all the relevant facts. We also strive to present our clients’ cases in a way that elicits the best possible outcome. With several years of experience, we can foresee unique possible challenges in individual cases and address them effectively, helping our clients retain their licenses and careers. Do not hesitate to contact us anytime you need help with your professional license.
Paramedics and EMTs Licensing in California
The licensing system for paramedics and EMTs is more segmented than that of most professions. EMTs are licensed locally by county-level agencies, that is, the local EMS agencies (LEMSAs), authorized by the Emergency Medical Services (EMS) Act. Paramedics, on the other hand, are licensed by the state via the California EMSA (Emergency Medical Services Authority). Whereas LEMSAs vary contingent on a professional’s county, all agencies run under the overarching statewide umbrella of the EMSA.
In addition to issuing licenses, California Health & Safety Code (HSC) Sec. 1798.200 gives EMSA and LEMSA the power to initiate investigations into an EMT’s and paramedic’s off-duty and on-duty activities. The enforcement units of the EMSA and LEMSA are responsible for investigating complaints against licensed EMTs and paramedics and against new license applicants for violations of the California HSC, Division 2.5, Emergency Medical Services. If a professional is found to have violated the law, the EMSA and LEMSA have the discretion to impose disciplinary action.
The EMSA provides statewide leadership and coordination for the implementation, development, and planning of the local EMS systems. In total, there are 33 local EMS systems in California, which provide emergency medical services to the 58 counties. 26 single-county agencies and 7 regional EMS systems provide the services.
If the EMSA or LEMSA sends you a letter of Statement of Issues or Accusation, it means the situation is serious, and you may be subject to a disciplinary process, which can end in the loss of your practice license. You want to consult a skilled healthcare license defense attorney promptly if that happens. The lawyer can provide proper guidance to help you navigate the board’s disciplinary process, which can lead to your retaining your EMT or paramedic license and your livelihood.
Reasons for Disciplinary Actions Against EMTs and Paramedics
Both LEMSA and EMSA can take disciplinary action for several reasons. Prevalent grounds for discipline include the following:
- A conviction of a crime substantially related to the duties, functions, and qualifications of an EMT or a paramedic, including violent offenses, crimes of moral turpitude, and felony offenses
- Repeated acts of negligence, gross negligence, and incompetence
- More than one felony conviction of any nature
- Alcohol or drug abuse, including on-the-job DUI or impairment
- A conviction of any sexual crime requiring sex offender registration under PC 290
- Fraud in renewing or securing a license or certificate
- Practicing outside the permitted scope of a paramedic or EMT
- Physical abuse of or using excessive force on a patient
- Theft from the ambulance or patients or controlled substance diversion
- Patient confidentiality violations
- Failing to cooperate with a LEMSA or EMSA investigation
- Falsifying patient medical records
- Violating LEMSA medical control policies or protocols
- Sexual misconduct involving a patient
- Failing to disclose previous criminal convictions or charges on a license or certification application
- False advertising
- Practicing without a license or aiding and abetting unlicensed practice
An accusation of any of the above conduct does not necessarily mean the results of your case are predetermined. The context, circumstances, and facts behind every complaint matter. A skilled lawyer can build a strong defense and present the complete picture for you.
The EMSA and LEMSA Complaint Process
Any complaint against a paramedic is channeled to the EMSA Enforcement Unit via an official Paramedic Investigation Request form. Anybody can bring a complaint, including a patient, the patient’s loved one, a supervisor, a government body, a coworker, a doctor, or a law enforcement agency. EMSA reviews the complaint thoroughly to establish whether it has jurisdiction and, if so, whether the alleged conduct warrants an investigation.
For emergency medical technicians, a complaint is channeled to the professional’s LEMSA. Here, the medical director reviews the official complaint comprehensively to establish whether to open an official investigation. Your current employer must inform the county LEMSA within 3 business days should any of the conduct listed under HSC 1797.200 happen.
Investigation Into The Complaint
Either way, after your complaint is reviewed and jurisdiction and merit are determined, an investigator will be assigned to conduct a more thorough probe. The investigator may visit your workplace, review patient medical records, and interview your colleagues. Alternatively, they may reach out to you directly to talk. If the police were involved in the same case, coordination between the EMSA or LEMSA and the involved police agency is common.
You want to contact a lawyer immediately after you know that someone has made a complaint against you or an investigation has started. Avoid meeting with investigators when your lawyer is not present. That is because the investigator may use anything you tell them against you in the disciplinary process. A lawyer can guide you on what to say to avoid providing incriminating evidence.
You may face employment repercussions regardless of how the investigation turns out, as the EMSA or LEMSA may also inform your employer of your misconduct and the investigation process. If a lawyer is involved early in the case, they can handle the matter before everything becomes more severe.
Additionally, during the investigation, the LEMSA or EMSA may impose an interim suspension on your license. This is when the licensing authority temporarily suspends your license for the period of investigation. This disciplinary action will prevent you from practicing until the investigation is over. And since an investigation can take several months or even over a year, you want a lawyer’s help to resolve the interim suspension so you can continue to practice at least until your case is decided.
If a lawyer is involved before the board files formal charges, the matter may be resolved without disciplinary action. A lawyer’s professional intervention can alter the course of the investigation. Otherwise, if the investigation reveals that the violation is severe and warrants formal discipline, the board may send the case to the Attorney General’s Office for further action.
Accusation Filing
When the Office of the Attorney General receives your case, it will file an Accusation against you if you are already licensed. If you are still applying for the practice license, the Attorney General’s Office will file a Statement of Issues. Once a Statement of Issues or Accusation is brought, your case becomes public. The board will publish the Accusation or Statement of Issues on its website, and everyone can view it.
The Accusation or Statement of Issues initiates the disciplinary process. After the board serves you with notice of the Accusation or Statement of Issues, you have fifteen days to respond by filing a Notice of Defense. Should you miss this deadline, the board will enter a default order, which may lead to the revocation of your license without an administrative hearing or an opportunity to challenge the allegations.
For EMTs, the response period varies from one county to another, as some LEMSAs permit up to thirty days. The Accusation notice the board sends should state the period within which you must file your Notice of Defense. Do not file your response without a lawyer reviewing the Statement of Issues or Accusation notice. Similarly, do not let the deadline pass without filing your response.
Once you file your response, the board, through the Attorney General’s Office, will schedule a hearing for the case. Before the hearing, however, the board may propose settling your case through a stipulated settlement or agreement. A stipulated agreement is like a plea bargain. Here, the board will propose that you admit your wrongdoing and serve the agreed-upon penalty (for example, license probation or public reproval) in exchange for avoiding a formal hearing and the possible harsh consequences.
You want to consult your lawyer before agreeing to a stipulated settlement. The lawyer can advise you on whether the deal is unfavorable and whether you stand a chance to win your case at the hearing.
Administrative Hearing
If the stipulated settlement is not successful, the case will proceed to an administrative hearing. The hearing will be presided over by an Administrative Law Judge (ALJ) and held at one of the Offices of Administrative Hearings (OAHs). During the hearing, you will be allowed to present your case, interview witnesses, and submit evidence. The board will also have the same opportunity.
At the end of the hearing, the judge will review the evidence presented by both sides and issue a judgment. The judge has 30 days to propose a decision to the EMSA or LEMSA on the appropriate disciplinary action to impose if you are guilty. The EMSA or LEMSA has the discretion to adopt, modify, or reject the judge’s proposed decision.
Disciplinary Actions by The EMSA and LEMSA
LEMSAs and the EMSA can impose several disciplinary actions on EMTs and paramedics. The severity of the disciplinary action is contingent on the type of wrongdoing, mitigating and aggravating factors, prior history, and the disciplinary guidelines of each relevant authority. Potential disciplinary actions include the following:
- Administrative fines. The fines usually range between $250 and $2,500 per wrongdoing, and you must pay them within sixty days of imposition
- License or certificate revocation
- License or certificate suspension for a specified period. During this period, you will not be able to practice in an EMS capacity.
- Probation with terms and conditions that might include mandatory counseling or treatment, supervised practice, restrictions on work settings, and other conditions.
- Denial of licensure or certification renewal
All official disciplinary orders are public records. EMSA posts imposed disciplinary actions on its official website, while LEMSA feeds the records into state databases, where other boards and employers can access them. A probation or citation order that appears lenient to you could negatively affect each of your future license renewals, job applications, and reciprocity requests in a different state.
Petition for Reinstatement of a Revoked License
If the EMSA or LEMSA has revoked your license or certificate, it is not necessarily the end of your career. After the necessary waiting period, it is possible to request a reinstatement. If you are a paramedic, you will petition the EMSA. If you are an EMT, the licensing LEMSA will handle your reinstatement petition.
Reinstating a license is not automatic. That is because you must prove that you genuinely addressed the behavior that prompted the revocation, that you completed the required conditions or programs, and that you are fit to resume your practice.
Find an Experienced Healthcare License Attorney Near Me
Being licensed as a paramedic or EMS in California requires a significant investment of time and resources. You must undergo rigorous examination and various approval processes. However, any mistake, regardless of how slight it may be, could result in your license being taken away in a split second. For that reason, it is crucial to engage the services of a knowledgeable healthcare license attorney as soon as you learn you are under investigation for misconduct or any violation.
At San Luis Obispo License Attorney, we understand how much effort it has taken you to become a certified and licensed EMT or paramedic. We would like to help you so that nothing can prevent you from pursuing your career. We are devoted to offering compelling license defense before the LEMSA or EMSA, regardless of the allegations you face. Do not hesitate to call us at 805-764-9771 for a free, confidential consultation. Our attorneys will review your case and advise you of your options.
