Being a licensed EMT or paramedic in Los Angeles is a challenging process. You must undergo intense training, stay physically fit, and be mentally sharp. Also, obtaining a professional license is long, complex, and expensive. However, losing your paramedic/EMT license is easier than acquiring it. Many things can lead to disciplinary measures from the California Emergency Medical Services Authority (EMSA) or your local EMS board, even a single accusation.
Therefore, you should seek help from an attorney who knows the ins and outs of EMT and paramedic licensing to protect your career and avoid losing your license. We at the Law Office of Sara L. Caplan can guide you through the process and protect your license and reputation. We will give your case the attention it needs. For more information, contact us today.
Understanding The Roles of Emergency Medical Responders
EMT stands for Emergency Medical Technician. EMTs are the first people who respond to an accident or emergency. They often work with fire departments and hospitals. EMTs are trained to give first aid and stabilize injured people before they receive advanced medical care. They also know how to handle different types of emergencies. EMTs are essential in providing prompt medical support to people in critical situations and offering care and support during traumatic events.
In California, EMTs need proper training and a license to provide emergency medical services. Their main tasks include:
- Providing emergency care like stopping bleeding, restricting spine motion, and using splints for injuries
- Checking vital signs like temperature, blood pressure, and breathing rates
- Performing CPR (cardio-pulmonary resuscitation)
- Helping with complicated and normal childbirth
- Giving certain medication
- Oropharyngeal and nasopharyngeal airways
- Measuring blood oxygen levels
- Using cervical collars for neck support
EMTs follow guidelines set by the California Emergency Medical Services Authority, which also issues their licenses and oversees their work. If an EMT does not follow these guidelines and causes harm to you or a loved one, you can sue them for negligence, malpractice, or misconduct. If an EMT breaks the rules, they are responsible for their actions.
Reasons Your Paramedic/EMT License Could Be Revoked or Suspended
If you break EMSA rules or face criminal charges, you might face charges from the licensing board. This can threaten your paramedic or EMT license, impacting your income, career, and reputation. Violations of California Health and Safety Code Section 1798.200 can happen in many ways:
- Sexual crimes—Committing any sex-related crimes listed in California PC 290
- Unprofessional behavior—This includes not keeping patient information confidential unless legally required
- Abuse or mistreatment—Using excessive force or mistreating patients beyond what is reasonable
- Irrational behavior—Acting in a way that is unreasonable or affects your job performance
- Physical impairment—Working despite a physical condition that affects your ability to do your job well
- Unsupervised practice—Operating without proper supervision or outside your training unless another certification allows it
- Substance abuse—Misusing drugs, alcohol, and controlled substances
- Drug law violations—Breaking laws about dangerous drugs or controlled substances
- Regulation violations—Breaking or helping others break EMSA rules for pre-hospital care
- Criminal convictions—Being convicted of crimes related to your role as a pre-hospital professional
- Fraud or dishonesty—Engaging in dishonest acts related to your job
- Incompetence—Repeatedly failing to perform your duties properly
- Gross negligence—Serious negligence that affects your work
- Fraud in licensing—Committing fraud to obtain or keep your license
Filing a Complaint
If a patient submits a complaint against you, the licensing board will act based on the details provided by the patient. These complaints are usually taken seriously if the patient has specific and verifiable information, like the date and time of the alleged incident.
EMSA can put your EMT/paramedic license on probation when a complaint is filed. This means you will be monitored to ensure you follow the probation rules designed to protect the public. During probation, you will need to submit quarterly reports to EMSA. If you do not follow the probation rules, EMSA could suspend or revoke your professional license if you do not follow the probation rules.
Temporary License Suspension
The EMSA director can temporarily suspend your professional license before a full hearing if:
- You have committed actions that could lead to your license being revoked
- You pose a threat to the public’s safety
EMSA will report the matter to the employer and local EMS agency. If you issue a Defense Notice, an administrative hearing can be scheduled within thirty days. After the hearing, EMS has up to 15 days to issue a final decision.
EMSA’s Recommended Guidelines
In your administrative hearing, the administrative law judge (ALJ) usually refers to the Recommended Guidelines for Disciplinary Orders and Conditions of Probation, published by EMSA. This guide outlines various offenses under HSC 1798.200 and related laws and suggested penalties for each.
However, the ALJ can consider any evidence you provide that might reduce the recommended penalties or lead to a more favorable outcome. The guidelines help you understand typical disciplinary actions.
According to EMSA’s guidelines, the ALJ will take into account:
- Employer actions—If the employer has ever disciplined you, this can lessen the EMSA penalty.
- Rehabilitation—If you have completed substance abuse treatment, this will be considered.
- Evidence—Any evidence that could impact your case.
- Criminal record—Your past criminal record and whether you followed court-ordered probation.
- Previous violations—Any prior or ongoing violations or warnings
- Potential harm
- Actual harm—Any real harm that resulted from the wrongdoing or violation.
- Severity and nature of the charges
Possible Disciplinary Measures Proposed at the Administrative Hearing
During the administrative hearing, EMSA may impose various disciplinary actions on your EMT/paramedic license. Sometimes, they might drop the charges before the hearing even happens. Possible disciplinary actions include:
- Approved alcohol or drug rehabilitation program
- Citations
- Probation
- Fines
Fines and citations are among the less severe penalties you can face. Fines can range from two hundred and fifty dollars to two thousand five hundred dollars, depending on the offense and the specifics of the case. You must settle the fine imposed within 2 months of obtaining the EMSA notice. However, if you show financial hardship, your lawyer can negotiate a payment plan extending up to a year.
EMSA can post citations on the board’s website, which potential employers can view. Because of this, you should challenge a fine or citation, even if it is a less severe punishment.
Additionally, EMSA might put your professional license on probation. Your ability to continue working during probation depends on you following the probation terms. Your attorney can negotiate a shorter probation term or more favorable conditions. If the issue involves drugs, you may need to complete an alcohol or drug rehabilitation program.
The most severe disciplinary actions are revocation or suspension of your paramedic/EMT license. In this case, your lawyer can work to reduce the suspension period or help you navigate through the license reinstatement process.
LEMSA and Suspension of Paramedic/EMT Licenses
LEMSA could suspend an EMT/paramedic license based on HSC 1798.202b. The licensing board must send all required documents to the EMS within three days, usually by mail. Once the EMS receives these documents, the director has two days to decide if the suspension should continue. If the suspension is to remain, the EMS has fifteen days to officially submit a temporary license suspension order.
The EMS will also press charges against you within fifteen days. If you respond with a Notice of Defense, HSC 1798.202d states that a hearing should be set within thirty days of your notice. After receiving the proposed decision from the administrative law judge, the EMS has no more than 15 days to make a final judgment.
Petition To Have an EMT/Paramedic Professional License Reinstated
If your paramedic/EMT license is revoked, suspended, or on probation, you can submit a petition to reinstate it. Before filing again, you must wait 12 months from the date of the similar petition denial or the effective date of the verdict. Note that EMSA cannot handle complaints related to ambulance billing.
EMSA Investigation or Disciplinary Action Is Not The End Of Your Profession
In recent years, many EMTs and paramedics in California have faced complaints and accusations. These usually arise because every EMT and paramedic must undergo background checks by the FBI and DOJ. If a technician is arrested, the EMS board is notified right away. This can increase the risk of having their license revoked and make it harder to renew it.
Most complaints about EMTs’ licenses come from criminal allegations or convictions. Other issues might include claims of alcohol or drug abuse, obtaining a professional license through fraud, or doing things outside their EMT/paramedic duties.
You might feel overwhelmed by formal accusations and think about quitting your career. Many EMTs and paramedics resign, especially if they face charges like DUI or other offenses. An investigation does not have to ruin your career. What you need is a good criminal defense lawyer who can help. They will work with you to explain your side, point out any factors that might help your case, and negotiate for the best possible result.
Defending Your Professional License
If you receive a letter from EMS with an Accusation and Statement of Issues, you should immediately consult a skilled license-defense attorney. He or she will guide you through the steps to restore your license and help you understand the complaints against you.
A seasoned license attorney will navigate this complex area of law, aiming to protect your professional reputation and license. They understand the vital role of EMTs and will support you through your challenges without judgment. Instead, they will work with you to help you return to your role in serving your community.
How a Professional License Lawyer Can Help
A license defense attorney helps protect your professional license so you can keep working. When a licensing board disciplines you for alleged unprofessional, illegal, or unethical actions, they can defend you. They also handle other issues related to occupational licenses.
Here is what a license defense attorney can do:
Consult and Assess Your Case
The defense begins with an initial meeting, during which a lawyer reviews the specifics of the case. They examine the allegations, understand your side of the story, and collect important documents, which help them create a defense strategy.
Conduct Investigations and Collect Evidence
A strong defense needs a thorough investigation. The lawyer will gather evidence, talk to witnesses, and check records to find any weaknesses or mistakes in the case. This step is key to understanding the full extent of the allegations and preparing your defense.
Responds to Allegations
After the investigation, the lawyer will prepare a formal reply to the allegations. This reply may counter the charges, present evidence that supports you, and highlight any factors that might help your case. The reply is then sent to the relevant licensing board or agency.
Helps in Negotiations and Settlements
Usually, the lawyer will try to work out a deal with the regulatory body to avoid a formal hearing. This might involve settling the issue, agreeing to certain conditions or actions, or receiving a lighter penalty.
Represent You In Administrative Hearings
If negotiations fail, the case goes to an administrative hearing. The lawyer will present evidence at the hearing, call witnesses, and argue your case before an administrative law judge or the licensing board. The aim is to show that you follow professional standards and counter the allegations.
Appeals Process
If the verdict of your hearing is not favorable, your lawyer can assist you with an appeal. This means you can contest the decision based on legal reasons, like mistakes in the procedure or wrong interpretations of the law. The appeals process can be complicated and take a lot of time, requiring a solid understanding of administrative law.
Reinstatement of Your Professional License
If your license has been suspended or revoked, the lawyer can help you apply for reinstatement. This usually involves showing that you have made improvements, met any conditions, and are committed to maintaining high professional standards.
Find a Los Angeles License Defense Law Firm Near Me
If you are facing the risk of losing or having your paramedic or EMT license suspended, seek advice from a seasoned license attorney. Losing your license could put your entire career in jeopardy. At the Law Office of Sara L. Caplan, we are committed to safeguarding your reputation and helping you keep your license. We will support you through the process of having your paramedic or EMT license reinstated. For reliable legal assistance in Los Angeles, CA, call us at 310-550-5877 to speak with one of our experienced defense attorneys.
