As a paramedic or emergency medical technician (EMT), the Emergency Medical Services Authority (EMSA) license is your most precious asset, considering the rigorous process you have been through to acquire it. The time, personal effort, and funds you invest to obtain education and training are significant.

Therefore, any threat to this healthcare profession from an accusation, an EMSA investigation, or a statement of issues for license application rejection should be taken seriously by hiring an attorney. At the Sacramento License Attorney, we understand the value of your EMSA license and have a proven track record of helping paramedics and EMTs in your position defend their licenses. You can trust us to provide the support you need.

Roles of EMSA Licensees

Medical emergencies can happen at any time, and when they do, EMSA licensees like EMTs and paramedics respond first to save lives and limbs. These healthcare professionals are modern-day heroes, although few understand and appreciate their roles. Unfortunately, as an EMT or paramedic, everyone notices when you make a mistake or engage in misconduct, resulting in a lawsuit, EMSA investigation, or criminal charges.

Emergencies, whether it is an accident, childbirth, heart attack, smoke inhalation, or a fall, can be overwhelming, considering that accidents leave many people confused. Your job requires you to function best at this stressful hour because you administer medical treatments and drugs ethically and lawfully. You should be able to evaluate chaotic situations quickly, take control, and make informed decisions that save lives. As you save lives, you must also document your steps and the reasons for doing them.

The healthcare profession is dynamic, and as a professional, you must stay updated with the latest technology and techniques. Therefore, it is essential to participate in continuing education programs to learn about the recent methods, drugs, and regulations affecting the profession. This commitment to learning enhances your skills and ensures that you provide the best possible care to patients while striving for excellence.

When you save the lives of others, you endanger your own. Sadly, as you put your life at risk for others, your career hangs in the balance when you do something wrong. The risk of losing your license and livelihood is a stark reality. This is where the Sacramento License Attorney can step in to protect your career and future and continue saving lives.

An Investigation or Disciplinary Process by EMSA Does Not Spell the End of Your Healthcare Profession

Thousands of cases have been filed against EMTs and paramedics in recent years. The high number of complaints is because these professionals face Federal Bureau of Investigations (FBI) investigations. At the same time, the Department of Justice (DOJ) runs background checks on them, and when they find a criminal arrest or conviction related to the profession, they risk a complaint.

As an EMT or paramedic, you must report any arrest to the nearby EMSA office. The checks conducted by the DOJ could result in license revocation if there is a substantial relationship between your profession and the crime in question. Also, when background checks happen during license renewal, chances are high that your license will not be renewed. Two-thirds of the complaints filed against EMSA licensees involve criminal accusations or charges.

A third of the allegations stem from other violations like:

  • Alcohol or controlled substance abuse.

  • Engaging in sexual misconduct at work.

  • Violating patient confidentiality by disclosing their information.

  • Performing procedures or acts you are not licensed to perform.

  • Obtaining your current EMSA license through fraud.

  • Abusing your patients.

  • Engaging in fraudulent behavior related to your pre-hospital responsibilities.

Additionally, you risk an investigation or disciplinary process by EMSA for gross negligence or incompetence. Gross negligence means straying from the recognized healthcare standards or acting carelessly, which risks a patient's life. In contrast, incompetence refers to a lack of skills or physical capacity to undertake the roles of an EMT or paramedic. You risk incompetence allegations if you obtained your license fraudulently and did not undergo the required education and training. Again, even if you received the permit legally, the training and education were insufficient to offer emergency medical services.

An investigation or allegations does not mean your career is over. Unfortunately, many EMSA licensees believe that an arrest, particularly for drinking and driving, is the end of their career and, hence, do not challenge the investigations. However, you need to know that being on the wrong side of EMSA is not the end of your career in the healthcare profession. An investigation does not always result in license suspension or disciplinary action. With a competent attorney in your corner, you can contest the accusations to prevent an unfair outcome.

Additionally, your attorney will present mitigating circumstances for a fair outcome, like probation or private citation, that allow you to continue practicing and do not cause significant harm to your reputation because it is not in the public domain.

Criminal Convictions and EMSA Licenses

Being found guilty of a criminal violation attracts severe penalties, resulting in collateral consequences like a damaged reputation. However, as an EMT, not every charge or guilty verdict will adversely affect your licensure. Again, not all previous convictions will result in a disciplinary process, jeopardizing your license.

A conviction for a criminal violation that will affect your licensure must be substantially related to your duties as an EMT or paramedic. Unfortunately, you could assume that a charge or guilty verdict has no substantial relationship with your license when it does. Also, the prosecutor can interpret the relationship broadly, making it seem like the offense relates to your profession when it does not. Therefore, you need an attorney to cast doubt in the minds of the ALJ on the existing substantial relationship between your previous conviction or arrest and your EMSA license.

Apart from having a criminal conviction, other factors that affect the outcome of the administrative hearing include:

  • The years you have been practicing without a disciplinary process until the current charge.

  • Whether or not the arresting officer arrested you or issued a citation for the violation.

  • Whether you have made significant rehabilitative efforts like undergoing alcohol or drug rehabilitation.

  • Your arrest was for an infraction, felony, or misdemeanor.

How the case was resolved also impacts the case’s outcome. Expected outcomes for criminal cases include:

  • Guilty.

  • Not guilty.

  • Reduced sentence.

  • Charge reduction.

  • Prison or jail sentence.

  • Probation.

  • Charge dismissal because it was unsubstantiated.

  • Sentence diversion.

EMSA’s decision on the appropriate disciplinary action depends on these outcomes.

EMSA Guidelines

During the administrative proceeding, the Administrative Law Judge (ALJ) presiding over the case must adhere to the EMSA guidelines. The guideline outlines various violations prescribed under Health and Safety (HS) code 1798.200 and other statutes whose violation attracts disciplinary action.

However, the ALJ can deviate from the board’s standard recommendations or consider mitigating circumstances, leading to a fair verdict for all parties.

When issuing disciplinary action, the ALJ should consider the following factors:

  • The severity of your accusation.

  • Available aggravating and mitigating circumstances.

  • Whether your violation resulted in harm to the alleged victim.

  • Whether you enrolled in a drug or alcohol treatment program if the conviction was for a drug-related offense.

  • Whether your employer has imposed disciplinary measures and whether the action is accredited. If your employer imposes disciplinary action, you will face less severe consequences than those provided under your licensing board’s guidelines.

To obtain a fair outcome in the administrative proceeding, you should partner with an attorney who understands EMSA guidelines and how their system works. A legal representative knowledgeable of the board’s extraordinary evidence and procedure rules will negotiate for a dismissal of the accusations or lenient disciplinary actions.

Common EMSA Disciplinary Actions

When a complaint reaches EMSA’s desk, several possible outcomes exist. The board could drop the complaint because it could not be substantiated. Alternatively, the matter could proceed to the Office of Administrative Hearings (OAH) for determination through a trial presided over by an ALJ.

One of the disciplinary actions the board could take is a private warning or censure. Here, the licensing agency issues you a reprimand letter but keeps it private, reducing the damage it causes to your reputation.

Similarly, EMS can impose a citation and monetary fines. A citation will be made public on EMSA’s website, meaning your prospective employer or clients can see it, denting your reputation. However, with the help of an experienced attorney, you can negotiate to have the negotiation made private. While a citation dents your reputation, monetary fines can be massive, ranging from $250 to $2500, contingent on your violation’s nature and case’s circumstances. Typically, EMSA gives you no more than sixty days to pay the fines in full. This is a considerable sum to pay quickly, especially if the investigation leads to a temporary license suspension. Thankfully, if your attorney presents evidence that you are struggling financially, the duration could be extended to twelve months.

Also, instead of suspending or canceling your license to prevent you from practicing, the board can impose probation, allowing you to practice under strict probationary conditions for a given period. Whether or not your license will be withdrawn or canceled depends on your performance while on probation. The longer the probationary terms and the stricter the conditions, the more likely a probation violation will happen. Luckily, with an attorney, you can negotiate for a reduced probationary duration or easy to comply with probation conditions.

You should know that these lenient penalties, which include citation, probation, or warning letter, public or private, are only imposed on licensees whose misconduct did not harm the patient.

When your patient sustains injuries or loses their life, the board imposes harsher conditions, including license suspension or revocation. A revocation stops you from practicing indefinitely, while a suspension halts your services for a given duration, after which you can apply for reinstatement. If you are eligible, talk to an attorney to reinstate your permit after a suspension.

An attorney can also help you obtain a stay on the suspension, allowing you to practice, although under strict supervision. The supervision duration is like probation and lasts for thirty-six to sixty months. After successful completion of the period, your license is restored.

Defending your EMSA License

You should not lose your license without a fight. Therefore, when you receive an accusation notice, you should file a defense notice within fifteen days.

Ensure you read and understand the instructions and conditions in the accusation notice. If you have an attorney, they can explain the requirements, including filing a timely answer to the accusations. Failure to respond within the given timeline attracts automatic revocation.

Once you file a response, your attorney will begin working with the EMSA’s legal representative. First, the board will start by sharing evidence against you for alleged misconduct.

The next phase of the case is crafting legal defenses if you want to contest or challenge the accusations against you.

Typically, your case can be resolved through a stipulated settlement with your licensing authority, where the two parties arrive at a settlement. Ensure that a proficient lawyer represents you in the negotiations to avoid a settlement that involves license withdrawal or cancellation. The best outcome of a disputed settlement should be probation.

Alternatively, your case can go through the administrative proceeding, where an ADL listens to the opposing sides and writes a proposal that is then sent to EMSA for review and implementation. Going through the administrative hearing route can be challenging because the process is lengthy. The ADL takes thirty days after the hearing to conclude its proposal to the licensing authority. The authority then takes another one hundred days to accept or reject the proposal.

Whatever route your case takes, you should have an experienced attorney. A knowledgeable attorney understands how a count or guilty verdict substantially relates to your license and the best defenses to counter the accusations.

If the case goes to trial, an attorney understands that the best result is an acquittal. Therefore, they will work tirelessly to obtain this favorable outcome.

Find a Proficient License Defense Attorney Near Me

As an EMT or paramedic, your roles are restricted by your license. In the eyes of the public, these roles can be easily misunderstood, resulting in accusations of misconduct. When your EMSA license is threatened, do not represent yourself. Contact us at Sacramento License Attorney to guide you through the complex process of defending your livelihood at 279-242-4711.