Obtaining your license to become a paramedic or an emergency medical technician (EMT) requires years of education and dedication. Unfortunately, your efforts could go down the drain with your career if you lose your license due to disciplinary action by the Emergency Medical Services Authority (EMSA).

Your disciplinary case begins when you are reported for violating the EMSA’s code of conduct. You will face disciplinary action if, after an investigation and an administrative hearing, the board determines that you committed the violation.

Hiring a reliable licensed defense attorney is the first step in defending your license and right to practice as an EMT. At Kern County License Attorney, we have the knowledge and experience you need to navigate the disciplinary proceedings and defend your license. We serve clients seeking legal guidance and representation to battle license discipline proceedings in Kern County, CA.

Roles of Emergency Medical Technicians

EMTs provide on-site medical care and transportation of critically ill or injured individuals to medical facilities. They aim to stabilize patients and ensure they safely reach medical facilities.

The standard responsibilities of EMTs in healthcare include the following:

  • Offering first aid and basic care for critically ill or injured individuals
  • Assessing a patient’s condition and determining the appropriate medical care
  • Responding appropriately to emergency calls
  • Providing life-saving interventions to critically ill patients
  • Stabilizing a patient before transporting them to a healthcare facility
  • Communicating with other medical staff to ensure proper care for the patient
  • Report patient observations to appropriate medical practitioners.
  • Recording the interventions made for different patients

Duties and Responsibilities of Paramedics

The duties of paramedics include:

  • Receiving 999 calls and driving to the location of the emergency
  • Using onboard equipment to offer resuscitation and other emergency care services
  • Attending to non-emergency medical calls and assessing the needs of patients
  • Liaising with other emergency responders like the police and firefighters
  • Maintaining emergency equipment and ensuring all supplies are restocked
  • Providing information to patients and family members

The Emergency Medical Services Authority (EMSA)

The EMSA is a government agency that regulates the practice of paramedics and emergency medical technicians in California. Its mission is to ensure patients receive high-quality care by administering effective and coordinated emergency care protocols. The EMSA manages the EMS registry, a public-access database that provides information on the certification and licensing of EMTs and paramedics.

In addition to setting the standard of practice for paramedics and EMTs, the EMSA is responsible for the licensure of professions. After you have completed your education and met the training requirements, the EMSA will administer a licensure examination, which you must pass before receiving the certification to practice.

Another function of the EMSA is to receive and respond to complaints against licensed professionals.

Typical Violations by Emergency Medical Technicians and Paramedics

The EMSA regulates your practice as an emergency medical technician or paramedic. Although your license can be suspended or revoked for a variety of reasons, the following are some common complaints addressed by the EMSA:

Drug and Alcohol Addiction

The use of alcohol and drugs can impact your ability to offer safe services for your patients. If your drug addiction hurts your practice or you attend to patients while intoxicated, you risk losing your license.

Unprofessional Conduct

You can be reported to the EMSA for engaging in the following forms of unprofessional conduct:

  • Mistreatment and physical abuse of patients
  • Failure to maintain confidentiality with information divulged to you by patients
  • Failure to act promptly and appropriately when handling patient emergencies

Misuse of Medical Equipment

Paramedics and emergency medical technicians play a critical role in saving patient lives. They use different medical equipment to respond to emergencies at healthcare facilities or at accident scenes. Using this equipment for something other than its intended purpose can attract an investigation and potential discipline by the EMSA.

Gross Negligence

Paramedics must ensure the safety and well-being of their patients as they provide emergency care. Engaging in unreasonable and substandard acts could put the patients at risk of harm. Such conduct can result in the loss of your license when it is reported to the EMSA.

Failure to Follow Established Standard Protocols

The EMSA has set standard protocols that each licensed practitioner must follow. Deviation from the required code of conduct is a violation that could impact your ability to practice as an EMT.

Sexual Misconduct

As a licensed EMT or paramedic, your relationship with your patients must be strictly professional. Engaging in a sexual relationship with a patient is a violation that could result in the loss of your license. If you used force or violence to engage in sexual acts, you could be charged with a criminal offense in addition to facing license discipline.

Practicing without a License

You must obtain a valid license to practice as a paramedic or EMT in California. Practicing without a license or a suspended license could be reported to the board, resulting in disciplinary action.

Insurance Fraud

Sometimes, paramedics and EMTs may be responsible for billing patients for their services. You commit insurance fraud if you engage in acts that result in unfair financial gain and loss to an insurance company. Insurance fraud can result in an investigation by the EMSA and a potential loss of your license. Additionally, such conduct violates California law, which can result in arrests and criminal charges.

Inadequate Record-Keeping

EMTs and paramedics provide critical care to patients with critical illnesses or injuries. An essential role of the EMTs is to keep sufficient records and pass the right information on to other healthcare professionals when handing over patients. Poor record-keeping can make it challenging for physicians to determine the type of treatment administered to different patients.

Criminal Conviction

An arrest and criminal conviction in California can be a daunting experience. In addition to spending time behind bars, your conviction can result in an investigation and potential discipline. You could lose your license after a conviction for these offenses:

  • Driving under the influence of alcohol (VC 23152)
  • Robbery (PC 211)
  • Assault (PC 240)
  • Burglary (PC459)
  • Transportation of a Controlled Substance (HSC 11352)
  • Child Abuse (PC 273d)

Emergency Medical Services Authority Disciplinary Process

The EMSA regulates the practice of EMTs and paramedics by issuing licenses to qualified professionals. If you violate the set standards of conduct, your license could be at risk. The disciplinary process for licensed EMTs takes the following steps:

Complaint Against You

The disciplinary process begins when you are reported to the EMSA for misconduct. A complaint against you can be made by a patient, their family, your employer, or the local law enforcement department. Filing a complaint requires the complainant to fill out a Paramedic Investigation Request Form.

After submitting the complaint, the EMSA will review it and determine whether it falls within its jurisdiction. If your violation is outside the EMSA's jurisdiction, it can be transferred to relevant authorities.

Investigations

When the EMSA has determined that the complaint against you falls under their jurisdiction, an investigator will be appointed to review the case further. At this stage, you will be notified of the complaint. You have up to ten days after receiving this notice to respond. You will indicate your intention to defend against the allegations in your response.

Investigating a complaint will involve collecting more evidence and interviewing witnesses. If there is little evidence to support a complaint against you, the EMSA could dismiss it or impose a reprimand to warn you from engaging in the alleged conduct.

Stipulated Agreement

If the EMSA finds enough evidence to support the claims made against you after the investigation, a stipulated agreement may be proposed. Under the stipulated agreement, you accept responsibility for the violations and face appropriate disciplinary action.

Entering the stipulated agreement can deny you the opportunity to go through a hearing and defend your license. However, you and your attorney can negotiate a more lenient disciplinary action that does not involve suspending or revoking your license.

Administrative Hearing

An administrative hearing will be scheduled when you do not enter the stipulated agreement. This hearing occurs at the Office of Administrative Hearings and is presided over by the Administrative Law Judge. You have the following rights when your case goes into an administrative hearing:

Right to discovery. A discovery phase allows you to access all the information and evidence the EMSA seeks to present against you in the disciplinary proceedings. This will include the contacts and addresses of the witnesses. Your case's discovery phase lasts up to thirty days, after which the hearing is held.

Right to request subpoenas. You can request the ALJ to subpoena all the records and witnesses at your hearing. Additionally, you can thoroughly prepare a witness who can testify in your favor.

Final Decision

After the administrative hearing, the ALJ has up to thirty days to decide on your case's right course of action. The ruling made by the Administrative Law Judge is not always final. The EMSA will have up to 100 days to modify, accept, or reject this decision under Government Code 11517(c)(2). Alternatively, the board may continue the case before making a financial determination on the disciplinary action taken against you.

Appeal

The EMSA's decision to suspend your license may be challenged. After obtaining the final decision, you have thirty days to file your appeal. After you file an appeal, the board will meet to determine if you are eligible for consideration. You have thirty days to file for a writ of mandate to have your case reviewed in the superior court under Code of Civil Procedure 1094.5.

Disciplinary Actions by the EMSA

After assessing the evidence presented by the board and your defense, the Administrative Law Judge (ALJ) will determine your liability for the violation and recommend appropriate disciplinary actions against your license.

Some of the factors that the ALJ must consider when recommending the discipline include:

  • The nature and severity of your violation
  • Whether or not your violations resulted in actual harm to another person
  • The existence of previous violations on your license
  • The nature of your criminal record and how long ago you committed the crimes
  • The presence of aggravating and mitigating circumstances in your case
  • Whether or not your employer has imposed disciplinary measures

Common disciplinary measures that the EMSA could take against your license include the following:

Citation

A citation by the EMSA is a warning to a licensed professional for their violations. You may receive a citation if you are found liable for a minor violation. Although citations do not impact your ability to practice as an EMT or paramedic, they enter your record and can be viewed by potential employers.

Fines

The EMSA can impose fines ranging from $250 to $2500, depending on the nature of your violation. You must pay the fines within sixty days of receiving notice of the fine.

License Probation

When your license is placed on probation, you can continue offering services as an EMT or paramedic. However, the EMSA will close, monitor you, and impose some conditions you must follow to keep the license.

License Suspension

If you face allegations of a serious violation, the EMSA could suspend your license. A license suspension means that you cannot practice throughout the suspension period. The length of your license suspension will vary depending on the severity of your violations. After the suspension period has ended, you can petition the EMSA to reinstate a license.

Find a Reliable License Defense Attorney Near Me

The Emergency Medical Services Authority will regulate and closely monitor your practice if you are a licensed paramedic or EMT. In addition to regulating your practice, the EMSA investigates violations committed by professionals. If you are found liable for the alleged violations, you could face disciplinary actions, including license suspension and revocation.

Defending your EMT license in California will require an understanding of California law. Therefore, if you are notified that the Emergency Medical Services Authority is investigating you, you must hire a reliable license-defense attorney to guide you through your case.

At Kern County License Attorney, we understand the impact that the loss of your license can have on your career and livelihood. Our skilled attorneys will offer the top-notch legal guidance you need to secure a favorable outcome in your disciplinary case. Call us at 805-702-8560 for much-needed insight.