The Emergency Medical Services Authority (EMSA) has strict guidelines regarding those seeking to become emergency medical technicians (EMTs) and paramedics and the disciplining of those with licenses. After securing your EMT or paramedic license, the EMSA expects you to comply with all the required work guidelines and standards.

Unfortunately, regardless of your qualifications and experience as an EMT or paramedic, you can make a mistake, putting your practice license at risk of revocation or suspension. Since your practice license is your source of income and livelihood, contacting an attorney should be your first step if you face any criminal allegation or complaint that could compromise your license.

At Riverside License Attorney, we will be with you through the entire process, from the investigation to the administrative disciplinary hearing, to help increase your odds of securing a favorable outcome.

Understanding the Crucial Responsibilities of Paramedics and EMTs

Medical emergencies are unplanned and can happen to anyone. Whether it is a fire incident or an auto accident, when you call 911, paramedics and the EMTs will be among the first responders at the scene.

In most cases, EMTs and paramedics work with police departments, hospitals, and fire departments to ensure those injured in accidents have access to emergency medical services before they receive appropriate or advanced medical treatment. Listed below are some of the crucial responsibilities of paramedics and EMTs that you ought to know:

  • Providing emergency medical services, like stopping bleeding

  • Performing cardiopulmonary resuscitation (CPR) on the involved people or victims

  • Giving specific medication to the involved people

  • Measuring victims’ blood pressure and oxygen levels

  • Checking crucial signs, like breathing rates, temperature, and blood pressure

  • Helping mothers experiencing complicated childbirth

  • Moving sick or injured patients to ER (emergency room)

  • Reporting their medical evaluations and assessments to the hospital staff or doctors

Generally speaking, you must adhere to the EMSA guidelines and restrictions when performing your duties as a paramedic or EMT. When you fail to follow the required guidelines, a patient or colleague could report you to the licensing board, attracting detrimental disciplinary actions, including license suspension.

While both EMTs and paramedics help offer emergency medical services, a paramedic receives more education and training than an EMT. Sometimes, a paramedic can perform minor surgery on a person whenever necessary.

Violations That Can Attract EMSA’s Disciplinary Actions Against Your Paramedic or EMT License

When you breach EMSA rules and restrictions or are under arrest for any crimes substantially related to work duties, the board could take disciplinary action against your practice license. Below are some of the common violations or reasons that can put your EMT or paramedic license in jeopardy:

  • Substance abuse or being under the influence of narcotics or alcohol while on duty

  • Using fraudulent means to secure a practice license

  • Offering services beyond your training or competency

  • Irrational behavior at work

  • Mistreatment or abuse of patients

  • Failing to keep your patient information confidential

  • Incompetence

  • Criminal convictions

  • Gross negligence

The above complaints or allegations could be from an unhappy patient, his/her relative, your employer, or the hospital you work for. When you receive a notice that you are under investigation for any of the above violations, you could likely think there is no hope of winning the case and give up your career. However, that is untrue because:

  • The EMSA’s investigation does not have to result in license suspension or other disciplinary actions

  • Your attorney can raise mitigating arguments and exculpatory evidence to help secure the best possible outcome

Unfortunately, the scope and nature of your work or services as a paramedic or EMT can easily be misunderstood, leading to criminal charges and unsubstantiated allegations. If you believe a patient you helped could file a complaint against you or are under investigation for a crime that could jeopardize your EMT license, you should speak with an attorney.

An experienced attorney can craft legal defenses to challenge the alleged violation or complaints to increase your chances of securing a favorable outcome.

Criminal Convictions and the EMSA’s Disciplinary Actions

Not all criminal charges and convictions will attract the EMSA disciplinary actions against your EMT or paramedic practice license. A criminal charge or conviction is more likely to jeopardize your EMT or paramedic practice license if it significantly relates to your work roles and qualifications as a trained EMT or paramedic. Examples of these crimes include (but are not limited to) the following:

  • Sexual abuse offenses, including lewd acts with a minor or rape

  • Drug-related crimes, including drug trafficking

  • Drunk driving

  • Murder

  • Fraud-related crimes, including insurance fraud

  • Domestic violence-related offenses, inflicting injury to an intimate partner, or domestic battery

The EMSA investigators will consider your case's facts to determine which relate to your qualifications and work roles as an EMT or paramedic. Therefore, you should never undermine any criminal offense. Aside from the potential criminal penalties you could face upon conviction, certain crimes could lead to the suspension of your practice license.

Ensure you consult an attorney to know whether your conviction could negatively affect your EMT or paramedic license.

EMSA Disciplinary Guidelines

In some cases, the EMSA investigators could dismiss the alleged complaints as unsubstantiated and issue you a citation and warning. However, in serious offenses, the investigators will file a formal accusation against you, meaning you can challenge the allegations you are up against in an administrative hearing.

During this hearing, the ALJ (administrative law judge) who works for the EMSA will listen to the complaints you will up against and your attorney's defenses to determine the appropriate cause of action.

Aside from considering the prosecutor's aggravating arguments and your attorney's mitigating arguments, the ALJ must also follow the standard guidelines recommended by the EMSA when determining the appropriate disciplinary action you should receive.

Generally speaking, the EMSA requires the ALJ to consider the following guidelines when determining your violation’s disciplinary action during the administrative hearing:

  • The harm that the patient suffered

  • The seriousness and nature of the alleged violation

  • Whether you have a criminal background

  • Whether you have received any disciplinary action in the past

  • Whether you have received counseling or rehabilitation services

  • The seriousness of the harm that could have occurred to the patient

  • The time that has passed since you committed the offense

Disciplinary Measures EMSA Could Propose at the Administrative Hearing

During your case administrative hearing, the ALJ could propose various disciplinary actions to the licensing board. Then, the licensing board will determine whether to adjust them to suit your offense's seriousness. Examples of disciplinary measures you should expect at the end of the administrative hearing include the following:

  1. Citations and Fines

Any citation issued by the board against your professional license will appear on their website, meaning potential clients could review it, affecting your job opportunities. If a fine is imposed, you must settle it within two months, and it could range from $250 to $2,500, depending on your case's facts.

  1. License Probation

When EMSA puts your practice license on parole or probation, whether you will continue offering your services during the probation will depend on probationary conditions. However, your defense attorney can help you negotiate a shortened probation duration or favorable probationary terms with the board.

If your offense involves alcohol or drug abuse or addiction, the board will require you to enroll and complete a counseling and rehabilitation program during the probation duration.

  1. License Suspension or Revocation

The harshest disciplinary action you can expect at the end of the administrative hearing is license suspension or revocation, where you will lose your EMT or paramedic license for some time or indefinitely, respectively. However, with the legal assistance of an attorney, you can apply for the reinstatement of the suspended or revoked license after a certain period.

The EMSA is more likely to suspend or revoke your practice license in serious cases, like sexual abuse of a patient or gross negligence.

Defending Your EMT or Paramedic Practice License

When you receive a complaint or investigation notice from EMSA, consulting a skilled attorney as soon as possible would be wise. You will depend on your attorney to help file a notice of defense within fifteen days to avoid an automatic revocation of your license.

Your attorney can help you understand the nature of the allegations you are up against and craft well-detailed defenses to help you secure the best possible outcome. Once your attorney files your defense notice, he/she can request the board's investigators to share the evidence they have against you.

Then, he/she will examine this evidence to find weaknesses in the case and information to craft defenses suitable to your unique case. Below are a few examples of defenses that could work to your advantage to secure a favorable outcome:

  • You are now a rehabilitated and law-abiding citizen

  • You are a victim of false allegations, especially in criminal cases

  • You acted within the scope of your work and did not endanger any person's life

  • Fatigue is not the same as intoxication

A seasoned attorney will help you navigate the entire disciplinary process, aiming to protect your practice license and reputation. A skilled attorney who understands the vital roles of a paramedic or EMT in the community will offer you aggressive legal representation without judgment to secure the best possible results.

How a Skilled Attorney Can Help Protect Your Paramedic or EMT License

You cannot undermine the need to retain the services of an attorney if you have received the board's notice of investigation or are under arrest for any criminal offense. A skilled attorney can help protect your practice license to allow you to keep offering your services and earn income to care for your family's financial needs. Here is how your attorney can help you:

He/she Can Investigate and Examine Your Unique Case

Preparation of defenses to challenge the allegations you are up against begins during your initial consultation with your attorney. During this initial appointment, your attorney will access the facts of your case to know the appropriate course of action. If necessary, your attorney will speak to eyewitnesses to collect their testimonies to help strengthen your defense arguments.

He/she Can Prepare a Response to the Filed Complaints

As mentioned in the previous sentence, you have limited time to respond to the allegations you are up against, and a seasoned attorney understands this. Since your response can significantly influence the outcome of your case, you should let a skilled attorney handle the paperwork and response for the best possible outcome.

He/she Can Help You Handle Negotiations and Settlement Deals

Often, a seasoned attorney will try his/her best to negotiate with the EMSA to secure a favorable settlement to avoid having to challenge the allegations you are up against in a formal administrative hearing. That is particularly true if the board has sufficient evidence against you.

Settling your case means accepting a lighter disciplinary action or certain probation conditions in exchange for dismissal of the case you are up against.

He/she Will Represent You at the Administrative Hearing

If settlement is not a viable option, challenging the allegations you are up against at the administrative hearing will be your only option to avoid or reduce the possible consequences of the offense. The specific defenses your attorney will apply at the administrative hearing will depend on the nature and seriousness of your unique case.

Like a criminal case, your attorney can provide various evidence to support his/her arguments during this hearing, including:

  • Video surveillance tapes

  • Eyewitness testimonies

  • Statements from your counselor or rehabilitation facility

He/she Will Help You File an Appeal

Unfortunately, revocation or suspension of your EMT or paramedic license is sometimes inevitable. When the board suspends or revokes your license, your attorney can assist you in filing a reinstatement appeal after a certain period. If the appeal works in your favor, the EMSA will reinstate your license, allowing you to continue offering your services.

Find a Skilled License Attorney Near Me

As a licensed EMT or paramedic, your practice license means everything to you, and losing it could significantly affect your life. Whether you are applying for an EMT or paramedic license or have just received a notice of investigation from EMSA, retaining the services of an attorney is paramount.

At Riverside License Attorney, we can provide you with aggressive legal representation to increase your odds of retaining your practice license to continue offering your services lawfully. We invite you to call us at 951-404-0569 to discuss your case with our dedicated attorneys today.