As an emergency medical technician (EMT) or paramedic, you are different from other healthcare providers because you make difficult medical decisions and care for patients who are at risk in stressful situations. To secure a practice license to work as a paramedic or EMT, you must first complete extensive training and schooling, gain hands-on experience, and toughen your mind.
However, regardless of your skills, education, or experience, you must adhere to the strict rules and regulations set by your licensing board. Any violation or breach of your licensing board’s rules and regulations could result in disciplinary action, including license revocation.
If you are facing an allegation that could compromise your professional license under scrutiny, working with someone who understands the ins and outs of the disciplinary process would be helpful. At Fresno License Attorney, we can help you challenge these allegations to increase your chances of securing a favorable outcome.
An Overview of The Roles of Licensed EMTs and Paramedics
Most medical emergencies occur unexpectedly and in the most chaotic situations. That is where the services of EMTs and paramedics become crucial. These professionals are the first responders in most medical emergencies.
Their roles sometimes overlap, and their responsibilities may appear similar when they respond to a medical emergency. However, the training these professionals undergo to earn their practice license and their scope of medical care may differ.
EMTs are typically the first to arrive on the scene when a medical emergency arises, and someone dials 911, collaborating with police and firefighters. As an EMT, you are responsible for responding to a medical emergency as quickly as possible, administering basic first aid, and transporting the patient to the hospital by ambulance for treatment.
When transporting a patient to the hospital, it is your responsibility to monitor and provide care until he/she arrives at the medical facility. In a nutshell, your duties and roles as an EMT include (but are not limited to) the following:
- Measuring patients’ oxygen levels
- Regulating a patient’s bleeding
- Ensuring patients do not sustain more injury
- Creating and keeping patients’ records
- Administering certain medication to patients
- Helping with normal or complicated childbirth
- Performing cardiopulmonary resuscitation (CPR) on patients
While a paramedic can offer similar life-saving services to an EMT, the former’s duties are more advanced, including administering injections and intravenous fluids. Paramedics are better trained than EMTs, which prepares them to treat certain injuries and illnesses and to administer medications to patients.
Examples of duties you can offer as a licensed paramedic include (but are not limited to) the following:
- Responding to 911 medical emergencies
- Operating medical emergency vehicles
- Reading and analyzing medical devices and tests
- Communicating with patients and their loved ones
- Relaying patients’ details to medical facilities, including the treatment or procedures performed
Generally speaking, your services as an EMT or paramedic are vital and life-saving, but few people recognize and appreciate your efforts during medical emergencies. If you make any mistake in performing your duties, your employer can report you to the licensing board, which may lead to disciplinary action.
Regardless of the seriousness of your mistake, you should strive to keep your license, as losing it could significantly impact your income and livelihood. That is where the services of a competent license defense attorney become crucial. An experienced attorney can intervene, negotiate with the board investigators, and represent you during the administrative process to secure a favorable outcome.
Reasons That Could Compromise Your EMT or Paramedic License
The Emergency Medical Services Authority, also known as EMSA, is the agency that licenses and monitors the practices and services of EMTs and paramedics. While the EMSA issues licenses to qualified paramedics and EMTs, its primary focus is on protecting the public’s safety and health.
That means it will not hesitate to launch an investigation against you when a patient, colleague, or someone files a complaint against you for an alleged negligence or misconduct case. Below are common reasons that could put your EMT or paramedic license under scrutiny by the EMSA, possibly leading to detrimental disciplinary action:
- Mistreatment or abuse of a patient — Using excessive force against a patient could count as mistreatment or abuse
- Sex offense allegations — Committing any sex-related offense against your patient, colleague, or any other person could negatively impact the status of your paramedic or EMT license
- Irrational behavior against a patient— Irrational behavior includes any unreasonable act that could impact your work performance
- Possession and use of narcotics or controlled substances — Possession or use of controlled substances, especially while at work, is a breach of the EMSA rules. In addition to attracting the board’s investigation, possession of controlled substances could attract negative legal consequences
- Committing a gross negligence act — As the name suggests, gross negligence is any serious negligent act that is way beyond what a cautious and sober person would do in the same situation
- A criminal conviction — A conviction for any criminal offense that is closely related to your profession or duties as an EMT or paramedic could negatively impact the status of your practice license
How EMSA Will Learn About Your Criminal Conviction
As part of the requirement for securing your paramedic or EMT license, you must agree to report all your arrests, charges, or convictions to EMSA. When renewing your license, you have an obligation to report all arrests and convictions, even if they occurred in a different state. Willingly failing to disclose a criminal conviction when renewing your practice license is, by itself, a violation and could jeopardize your license.
Additionally, your licensing board will also check with the Department of Justice regularly to determine whether you have a criminal record. If so, the board will issue you a notice about the discovery. The court clerk can also notify the EMSA about your criminal conviction within ten days after receiving your verdict.
Once you receive a notice of investigation from your licensing board, time will be of the essence, and what you do will significantly impact the outcome of your case. As a licensed EMT or paramedic, you should cooperate and adhere to all the board’s requirements during the investigation process.
However, you should be careful what you choose to disclose to their investigators to avoid giving information that could negatively impact the outcome of your case.
How to Challenge the EMSA’s Complaints
When your licensing board receives a complaint against you and issues a notice of an investigation, you will have not more than fifteen days to file your notice of defense. Failure to do that will result in a default verdict on your case, including license suspension.
While you can file your notice of defense alone, hiring an attorney would make the process smooth and increase your odds of securing a favorable result. Depending on the facts and circumstances of your unique case, a seasoned attorney will know whether to negotiate with the board to reach a stipulated settlement or proceed to the administrative hearing.
If a settlement negotiation is not a viable option in your case because of the nature of your offense and the evidence the board has against you, you should be ready to challenge the alleged violation at the administrative hearing. During this hearing, an administrative law judge will decide whether your violation necessitates a disciplinary action based on the available evidence.
An effective legal defense argument during this hearing could include proof that you are now a rehabilitated individual and various mitigating factors, such as:
- You do not have a disciplinary or criminal record
- You cooperated with the EMSA’s investigators and law enforcement officers
- The alleged victim (accuser) did not sustain an injury
- You voluntarily filed a report about the issue with the EMSA
Regardless of the number of criminal counts you have or the seriousness of your allegation, engaging the services of a skilled license defense attorney can make a significant difference in the outcome of your case.
Potential Disciplinary Actions You Could Face as a Licensed EMT or Paramedic
The disciplinary actions the board will recommend to the EMSA will vary significantly, depending on the facts and circumstances of your unique case and your attorney’s mitigating defense arguments. If your violation necessitates disciplinary action, you should expect the following:
Citation and Fines
While you are still able to offer your services, the board will post your citation on their website, meaning your prospective employer or clients will learn about your past mistakes. That could significantly impact your ability to secure reliable employment. On the other hand, the fines can also be hefty, significantly impacting your financial plans.
Private Censure
A private censure is typically a confidential written reprimand issued by the board to you, serving as a formal condemnation or stern warning for your conduct or violation as a licensed EMT or paramedic. Unlike a citation, the board will not disclose the private censor to the public, so it will not negatively impact your future job opportunities.
License Probation
When the board places your practice license on probation, you are also on probation. That means you will have a limitation on what you can do and not do while your license is on probation. The specific conditions the board will require you to comply with during this probation duration will depend on the facts of your unique case.
A seasoned attorney will know how to negotiate with the board to reduce your probationary terms and the entire probation duration.
License Suspension or Revocation
The most harsh and life-altering disciplinary action you could face as a paramedic or EMT is suspension or revocation of your professional license. These grave disciplinary actions are reserved for serious crimes or violations, such as:
- Gross negligence of a patient
- Rape or sexual assault of a patient
- Engaging in fraudulent behavior related to your duties
A suspension of your practice license could last several months, depending on the seriousness of your offense. During the license suspension, the board will prohibit you from continuing with your professional services. Conversely, a revocation of your license is harsher because you will not be able to offer your services for an indefinite period.
Luckily, with the legal help of a seasoned attorney, you could petition the board to reinstate your license to continue offering your services. However, you have to wait for a certain period and prepare evidence that can convince the boards you deserve a reinstatement of your practice license.
How a Skilled Attorney Can Help When EMSA Receives a Complaint or Allegation Against You
The services of a proficient attorney are valuable when facing a complaint or criminal allegation that could compromise your EMT or paramedic practice license. In addition to being your immediate legal advisor, the attorney you will hire will do the following:
- Help you assess and investigate your case — To prepare proper defense strategies, your attorney must first assess and investigate your case, including interviewing eyewitnesses, if necessary
- Help you respond to the accusations — Time is of the essence after receiving a notice of investigation, and your attorney understands that. Once you hire a seasoned attorney, h/she can help you prepare and file your notice of defense on time to avoid a default verdict on your case
- Help you negotiate a favorable settlement — Sometimes, your case does not have to progress to the administrative hearing. A dedicated attorney can negotiate with the board to achieve a favorable settlement and avoid a formal hearing, which could result in harsh disciplinary action
- Help challenge your accusations at the formal hearing — The defense arguments your attorney will present at the formal hearing before an ALJ will significantly influence the outcome of your case
- Help you file an appeal — If the administrative hearing results in an unfavorable outcome, your licensed defense attorney can help you submit an appeal. The appeal allows your attorney to challenge the ALJ’s decision based on various legal reasons, including procedural errors
Find a License Defense Attorney Near Me
When your licensing board has received any complaint about you or your practice, the worst mistake you can make as a licensed EMT or paramedic is to underestimate the situation. Our experienced attorneys at Fresno License Attorney can assess and investigate your case to assist you in preparing defense strategies to challenge the alleged complaint and achieve a positive outcome.
Call us at 559-388-5402 to schedule your first consultation with our understanding and reliable license defense attorneys.
