Becoming a paramedic or emergency medical technician (EMT) is a difficult task. You must undergo rigorous education, hands-on training, mental fitness, physical fitness, and other requirements. Once you satisfy the required criteria for this profession, you must undergo an expensive and lengthy licensing process before you can be licensed or authorized to offer services. Unfortunately, you are legally and ethically liable for every treatment or medical care you provide to your patients, which makes it challenging to retain your permit once you obtain it. Losing the license is easier than acquiring one.
Given the complexity of your role and the specific scope of practice, your actions or conduct could be misconstrued as negligence or inaction, resulting in disciplinary action by your licensing authority.
At the Orange County License Attorney, we understand that the roles of paramedics and emergency medical technicians are complex, putting their professional permits and livelihoods at risk. Our attorneys recognize the effort you put into obtaining the license, which is why we are here to defend you against all allegations and secure a favorable outcome.
The Functions of Paramedics and EMTs
Medical emergencies often trigger widespread panic and confusion among the public. Amidst the confusion, EMTs and paramedics are the first at the scene of the medical emergency, where people’s limbs and lives are on the line.
It is easy for the public to overlook the critical roles of these healthcare professionals in daily life. While the public might not appreciate the roles of these professionals, every action or decision they make comes under scrutiny. If something goes wrong, the victim or the victim’s family is usually quick to allege misconduct or negligence, leading to lawsuits and criminal charges against these experts. Every allegation against your license, as an EMT or paramedic, puts your license at risk of suspension, reprimand, or revocation. All the hard work you put into attaining the accreditation and dedication in your functions can go down the drain because of minor or false allegations.
The environment in an accident or medical emergency scene is usually tense, and paramedics are always working under constant pressure. In emergencies such as road accidents, the settings are unsafe and chaotic. However, this is the time you are required to make a life-or-limb-saving decision. You must evaluate your patients quickly and make lawful and ethical medical decisions. Additionally, you should document all assessments and medical decisions as the responder and have the report ready by the time you arrive at the hospital emergency room. The medical care providers in the facility will require information about the patient they are receiving.
The medical field is ever-evolving, with new medicine and response procedures changing. The laws governing the profession also keep changing. It is part of your job to stay up to date with all the changes and developments, because failure to do so could result in a violation that puts your permit in jeopardy.
Many people confuse paramedics and EMTs, believing the two are the same. Nevertheless, an EMT is a healthcare professional trained to assist paramedics and doctors, and their scope of practice is limited. There are surgeries or medical procedures that they are not allowed to perform. Unfortunately, the restriction in the scope of their roles is often seen as inaction by the public, which leads to accusations. Conversely, paramedics are healthcare professionals trained to perform invasive procedures. EMTs are only allowed to undertake the following roles:
- Record vital signs
- Interview medical emergency victims
- Offer instant life support
- Transfer victims to the emergency room
- Report the evaluations and medical decisions made in the field to the medical personnel at the ER during handover.
- Partner with local law enforcement and the fire department
Despite the complexity of your roles and the risk to your safety in saving lives, your innocent actions could be misunderstood, leading to serious accusations that could threaten your license. Fortunately, an experienced license defense attorney can protect your career and livelihood whenever a claim threatens you. So, whenever an allegation threatens your permit, you must consult an experienced attorney for guidance and legal defense.
Professional Discipline for EMTs and Paramedics
California receives thousands of complaints against EMTs and paramedics every year. The high number of complaints reported is partly due to the recent requirement by the California Emergency Medical Services Authority (EMSA) that paramedics and EMTs must undergo mandatory Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) background checks. Additionally, the professionals have a self-reporting obligation and must report any arrest to the EMSA immediately after it happens.
The nature of the EMT or paramedic profession also contributes to the high number of complaints filed with the EMSA. However, the primary contributor to the high number of complaints against EMT licenses is the criminal background checks, as they net even the existing licensees. If a criminal background check with a substantial relationship to the profession pops up during background checks, EMSA can reject a license renewal request or take disciplinary action against an active license. Only a third of the accusations against paramedics are due to:
- Substance or alcohol addiction
- Fraudulently acquiring a permit
- Acting out of the scope of your work or responsibilities
- Dishonesty or fraud relating to your on-field duties
- Patient maltreatment or abuse
- Sexual misconduct in the line of duty
- Breach of patient confidentiality regarding medical data
Other administrative charges you could face include:
Gross Negligence
Gross negligence refers to a deviation from the generally accepted standards of care that is careless or egregious and that endangers or exposes a patient to an extreme risk of harm or death. Precisely put, it is doing something that a reasonable EMT or paramedic in your position would have avoided.
Incompetence
When a claimant alleges incompetence, they mean you lack the skills, knowledge, and physical capabilities to perform your EMT or paramedic responsibilities. If you cannot prove you have proper skills and knowledge for the job, or it comes to light that you have not undergone the appropriate background education for the profession, you will attract administrative charges for incompetence.
If you face a charge of this magnitude, it is easy as an EMT or paramedic to assume that your career has ended or to start afresh in a new field. However, your case is not hopeless. Unfortunately, many paramedics and EMTs do not know that they can still protect their license and livelihood after a DUI arrest, criminal conviction, or allegation of incompetence.
An investigation of the regulatory authority does not always lead to disciplinary action. If you cooperate during investigations and there is little or no evidence to support the accusation, EMSA will drop your case. Additionally, when the investigations find evidence of a violation, and the case proceeds to the administrative hearing, an experienced license defense attorney can present mitigating circumstances or negotiate a fair agreement that allows you to retain your license, even though under strict rules.
Criminal Convictions and Professional Discipline
While a criminal charge or conviction in your profession carries a lot of stigma, not every criminal record will adversely impact your healthcare professional license. Even if a previous conviction appears on your criminal record during background checks, it will not translate to disciplinary measures by default. Whether the criminal record will affect your permit depends on the nature of the violation and the circumstances surrounding it.
A criminal conviction must have a substantial relationship to your paramedic or EMT profession to attract disciplinary action. You need a seasoned attorney to evaluate your complaint and determine whether the conviction meets the legal standards for EMSA disciplinary action.
If the offense is related to your profession, you will face disciplinary action, whether the charge is a misdemeanor or a felony. Nevertheless, EMSA is more likely to impose disciplinary action if you are convicted of a severe offense. If your offense is an infraction and the arresting officer issued you a citation after arrest, the EMSA will not impose administrative penalties.
Another crucial factor to consider is the nature of the offense. If your crime is one of moral turpitude, meaning it portrays moral deprivation, recklessness, or vile violation, you will face disciplinary action. A mere violation does not always warrant disciplinary action.
Your type of professional license and the regulatory authority also determine whether a conviction will affect your license. Some authorities are stricter than others. Besides, a medical license can attract a license suspension or revocation even if you have not yet been convicted of the offense.
Other factors that will affect the board’s decision include:
- The duration that you have been practicing without administrative discipline before the arrest and charge.
- Whether at the time of the crime, you were on parole or probation for a different crime
- Whether you have taken steps to rehabilitate or enroll in drug or alcohol treatment, if the offense was alcohol or drug-related.
- The manner in which the court resolved your charge, such as pleading guilty, being found guilty in the trial, charge reduction, jail or prison sentence, sentence diversion, found not guilty, or charge dismissal on grounds of insufficient evidence.
Your defense attorney can use several strategies to have the board reinstate your license if a complaint based on a previous conviction results in a revocation or suspension. They can present a certification of rehabilitation, proof of expungement, proof of a governor’s pardon, or a sealed criminal record to convince the EMSA to restore your permit.
The EMSA Disciplinary Guidelines
EMSA establishes standard disciplinary guidelines that the Administrative Law Judge (ALJ) must follow during the administrative proceeding. The guidelines outline various violations under HS 1798.200 and other laws that can trigger disciplinary proceedings and recommend appropriate disciplinary measures.
However, the ALJ has discretion to hear the case and make suggestions to the board that deviate from the standard recommendations. The deviation from the standard guidelines must be within the law. When recommending disciplinary measures, the guidelines require the ALJ to consider:
- The gravity of the allegation
- Whether an individual sustained injuries from the violation
- The possible harm that could have stemmed from the violation
- Existence or non-existence of prior contraventions or warnings from the board
- The existence of or a lack of a criminal record
- Presence of circumstances in aggravation or mitigation
- Whether you have taken measures to rehabilitate in the case of alcohol or substance abuse
- Whether your employer has imposed administrative penalties
Understanding these guidelines can help you determine the disciplinary action you could face and plan the best course of action to achieve a positive verdict. However, you will need the help of an attorney with knowledge of the disciplinary guidelines to increase your chances of a fair verdict.
Protecting your Professional License
When EMSA serves you with an accusation notice, you should file a defense notice within fifteen days of the service. Ensure you read the accusation in detail and understand both the accusation and the action the board demands of you. You must file the defense notice, whether you seek a settlement or to defend your license in the administrative proceeding. If you do not submit the defense within the stipulated time, the board will issue a default verdict, revoking or suspending your permit.
Once you file a defense, your defense attorney will work with the regulatory agency’s attorney in the discovery stage. Here, your attorney requests all the evidence the EMSA has against you. You will then review the evidence, and if you believe the accusations are false, your lawyer will craft defenses using the weaknesses discovered in the board’s evidence.
After this stage, the accusation can be resolved through a stipulated settlement or administrative proceeding. In a settlement, you and EMSA agree to resolve the administrative matter through a case dismissal, license suspension, or cancellation. Most stipulated settlements result in disciplinary measures that allow the defendant to retain their license while practicing on probation.
Alternatively, the case can be resolved in an administrative proceeding. Here, the ALJ listens to your evidence and mitigating factors and then issues a verdict within 30 days of the proceeding. The judge’s decision is not final. They are mere recommendations, and the board can choose to adopt or modify them.
Find a Seasoned Paramedics and EMT License Defense Attorney Near Me
Paramedics and emergency medical technicians risk their lives to save others. Unfortunately, these professionals often lose their licenses due to a minor violation or a misunderstanding of their responsibilities. If your license is on the line because of an accusation, you need an attorney who understands the substantial relationships between convictions or criminal charges and your professional license and how to defeat the accusations.
At the Orange County License Attorney, we will evaluate your accusation and devise strategies to secure you an administrative charge acquittal, dismissal, or lenient penalties. Call us at 714-782-6386 to discuss your case.
