Emergency medical response professionals possess a unique skill set that distinguishes them from other medical professionals. They care for some of the most vulnerable patients in stressful situations while making difficult medical decisions. Paramedics and emergency medical technicians (EMTs) undergo extensive training, gain hands-on experience, acquire education, and develop mental resilience to obtain a license. EMTs face demanding mental and physical challenges daily, as they are responsible for the lives of others.

Paramedics and EMTs face the challenge of providing care to individuals during their most critical moments. Unfortunately, they are always vulnerable to potential license loss due to allegations and complaints. If you find yourself in this situation, do not try to handle the license issue alone.

Instead, seek guidance from a skilled attorney, such as the San Francisco License Attorney, to help protect your professional license. Throughout our many years of experience, we have been dedicated to helping paramedics and EMTs overcome obstacles they encounter when obtaining their licenses.

An Overview of Paramedics and Emergency Medical Technicians Duty of Care

Working as a paramedic is a challenging profession that requires individuals to assume moral, ethical, and legal responsibility for every drug they administer. This approach is essential for any specific situation and adherence to treatment protocols. It is crucial to fulfill responsibilities within the defined scope of the profession and maintain the expected level of care. Paramedics must keep track of any changes in drug use or administration and note any side effects of administered medications.

You should thoroughly understand which medication suits a specific patient based on their symptoms and signs, determined through careful inquiry and observation. It is crucial to become proficient in invasive techniques, ensuring that each accident victim receives treatment or the prescribed drug without hesitation.

As an emergency medical technician or paramedic, you should be prepared for challenging and potentially dangerous situations, including responding to calls in fire-prone areas. Emergency medical technicians are crucial in caring for the sick and injured. You must have an unwavering commitment to working with people, a solid emotional foundation, the ability to meet physical and intellectual demands, and the capacity to handle significant stress.

Due to the nature of your tasks, you risk having your professional license revoked by the Emergency Medical Services Authority (EMSA) Board because of complaints and lawsuits. If you face such a situation or struggle to obtain your license despite following proper procedures, seeking assistance from a skilled license lawyer could be beneficial.

Roles of Emergency Medical Technicians and Paramedics

Fire emergencies can occur without warning; in such situations, paramedics and EMTs are often the first to arrive at the scene. Many people underestimate the difficult and heroic duties that emergency personnel undertake regularly. Their work goes unacknowledged until something goes wrong. Then, they might face criminal charges, lawsuits, or the potential loss of their professional licenses.

Every decision you make, whether it’s a medical operation or administering medicine to patients, carries profound ethical and legal responsibility. This duty remains unwavering, even in adverse situations. You must assess stressful situations quickly, assume control promptly, decide how best to ensure others safety, and accurately record your actions. You also should stay updated on recent changes to laws, protocols, and prescriptions that may impact your work.

All of these actions are intended to save others. However, they also pose a threat to your own life. A single mistake could potentially jeopardize your entire career. Many people confuse the responsibilities of paramedics and emergency medical technicians (EMTs). EMTs receive specialized training to support physicians and paramedics in their work. Certain limitations exist on the types of services they are qualified to provide. Unfortunately, this often leads to accusations of inaction, even when EMTs have fulfilled their duties and followed proper training protocols.

Paramedics usually administer invasive treatments, while EMTs mainly interview victims. EMTs monitor vital signs, provide prompt life support, transport severely injured fire victims to the emergency room (ER) for treatment, and report their assessments and actions to the hospital. This information allows doctors to proceed with patient care. An EMT serves as a valuable addition to the paramedic team.

Violations That May Result in Disciplinary Actions and License Suspension

There has been a significant rise in complaints filed against paramedics and EMTs in recent years. Some concerns have been raised regarding recent regulations requiring the FBI and the U.S. Department of Justice to conduct criminal background checks on paramedics and EMTs. These regulations also mandate prompt disclosure of future arrests to the Local Emergency Medical Service Agency (LEMSA).

Other challenges arise from the specifics of the EMT or paramedic job. The requirement for background checks often poses difficulties for paramedics and EMTs when renewing their licenses and could even increase the risk of losing them. Approximately two-thirds of accusations filed against emergency medical technicians or paramedics involve criminal accusations or convictions.

According to Health & Safety Code (HSC) 1798.200, common violations for which you could be disciplined include:

  • Gross negligence.

  • Engaging in fraudulent activities to obtain any certificate or license under the department’s authority.

  • Recurrent negligent actions.

  • Engaging in any kind of dishonesty, corruption, or fraud directly relevant to pre-hospital employees' duties, qualifications, and responsibilities.

  • Incompetence.

  • Engaging in any action that goes against the laws and guidelines governing emergency medical technicians and paramedics, whether directly or indirectly, or assisting in such actions.

  • Engaging in or attempting to engage in actions that go against state or federal laws or regulations on controlled substances, narcotics, or dangerous drugs.

  • Exhibiting irrational behavior or displaying an impairment to the extent that it may reasonably raise concerns about your ability to perform expected duties.

  • Operating in the field care system at the local level without medical control supervision, unless authorized by another certification or license.

Other examples of unprofessional behavior include:

  1. The mistreatment or physical abuse of a patient resulting from excessive force, beyond what would be considered reasonable and appropriate for someone in a similar professional role performing similar duties under comparable circumstances

  2. Violations of Civil Code Sections 56-56.6, such as failing to keep patient information confidential

  3. Committing workplace sex crimes

If someone were to make a formal complaint or allegations against you for committing the mentioned violations, you might feel discouraged and uncertain about your career’s future. Many EMTs and paramedics share your perspective when facing legal consequences, such as arrest for drug abuse outside of work or undergoing an administrative hearing that could result in license revocation or suspension for any other offense.

Nevertheless, facing issues with EMSA does not necessarily mean the end of your career. Investigations may not lead to any disciplinary actions against you. An experienced license defense attorney can skillfully present mitigating factors that support your case during court proceedings, increasing the likelihood of a favorable outcome.

Immediate Suspension Procedure

According to HSC 1798.202(a), your license may be temporarily suspended by either the LEMSA medical director or EMSA director before a hearing if they can demonstrate the following:

  • Your actions have led to circumstances that may result in suspension

  • Your current practice as a paramedic or EMT raises concerns regarding public health and safety

If LEMSA temporarily suspends your professional license, HSC 1798.202(b) requires LEMSA to promptly send all necessary documents to EMSA within 3 business days, either by facsimile or overnight mail. The EMSA director must determine whether to extend the temporary license suspension within two days of receiving the evidence.

If the director determines that the order remains valid, EMSA has 15 days from the receipt of proof to issue an accusation or temporary suspension order against you under HSC 1798.202(c). You can request a hearing within 30 days of filing if you submit a notice of defense, as specified under HSC 1798.202(d).

EMSA has fifteen days to reach a verdict after receiving the proposed resolution from the administrative law judge (ALJ). If EMSA temporarily suspends the license, your employer and LEMSA will receive notification.

EMSA Guidelines for Probation and Disciplinary Actions

EMSA has created comprehensive guidelines for disciplinary orders that apply to EMTs and paramedics across the entire state. These guidelines strive to provide fair and uniform discipline for the abovementioned violations. EMSA uses these principles as a standard for addressing disciplinary matters when a license holder seeks to resolve allegations through a negotiated agreement. However, the settlement may be based on terms both parties deem suitable under the Administrative Procedure Act.

If you exercise your right to contest the allegations against you under the Administrative Procedure Act, these guidelines will assist the ALJ in formulating recommendations to EMSA regarding potential disciplinary measures.

You will have the opportunity to express your perspectives throughout the entire process, including investigations, filing of accusations, settlement negotiations, and the administrative hearing. You will be responsible for covering the cost of representation. These guidelines are crucial in providing insight into potential disciplinary actions; however, it is essential to remember that they are merely guidelines.

EMSA’s Disciplinary Actions

HSC 1798.200 provides a comprehensive overview of violations that may result in disciplinary actions by EMSA. When filing a complaint against you, the Emergency Medical Services Authority can also cite additional laws and regulations as a basis for disciplinary action.

The disciplinary standards establish a system of progressive discipline unless a particular case warrants more severe actions. The authority considers fines the least harmful form of discipline, followed by probation, suspension, and ultimately revocation. EMSA or ALJ considers the disciplinary action imposed by your employer and any immediate license suspensions imposed by the LEMSA for the offense in question when determining the appropriate course of action.

The ALJ’s recommended disciplinary action should be imposed in cases where no mitigating or aggravating factors exist. The ALJ has the authority to suggest disciplinary actions ranging from the least to the most severe for the offense committed. If a recommended discipline exceeds the maximum or falls below the minimum, an explanation should be provided to justify such consideration. The EMSA director makes the final decision on disciplinary action.

The law allows the EMSA to enforce a fine not exceeding two thousand five hundred dollars per violation, provided that the offense did not harm a patient. If you have faced disciplinary proceedings by the EMSA for other acts within the last five years, you might not be required to pay a fine.

If your actions led to a license suspension, you will not face an additional fine. However, probationary conditions requiring clinical observation, personal time, corrective instructions, or training costs may still lead to a fine.

Mitigating Factors

As previously mentioned, you can present mitigating evidence in the administrative hearing. A similar opportunity is offered during the settlement phase. Here are some examples of valid documentation you can use to show your rehabilitation progress and competency:

  • Letters of recommendation from supervisors who have directly observed your abilities. Each letter should detail the nature and length of your working relationship with the recommender

  • If applicable, letters from counselors regarding your participation in treatment or recovery programs. The letter should include information about the program’s nature and the number of sessions you attended

  • Letters indicating your involvement with support groups

  • Reports or results from laboratory drug screenings

  • Employee performance evaluations

  • A licensed physician’s report of a physical examination or assessment

Make sure you include the date on all of these documents.

Probation Conditions

EMSA is responsible for monitoring EMTs and paramedics placed on probation. Those subject to probationary discipline must comply with the terms and conditions of their probation. Some of these conditions include the following:

Making A Personal Appearance

As instructed by EMSA, you must personally appear for interviews, meetings, and assessments to evaluate your compliance with the probationary conditions and terms. Remember that you are responsible for covering all associated costs.

Quarterly Report Submission

You must submit quarterly reports demonstrating your compliance with all probationary requirements throughout your probationary period.

Termination Notice

If your pre-hospital healthcare employment is terminated, you must notify EMSA within 72 hours. You should provide a comprehensive explanation for your termination.

Find a Paramedic and EMT License Defense Lawyer Near Me

Paramedics and emergency medical technicians dedicate their lives to saving others. It can be devastating if you are accused of something that could prevent you from carrying out your professional responsibilities. If you are a paramedic or EMT facing license revocation, suspension, or other disciplinary action, contact us at San Francisco License Attorney. We can help you continue pursuing your passion and fight the allegations against you. Call us today at 415-919-6594 for assistance with your case.