Understanding The Roles of EMTs and Paramedics
Paramedics and emergency medical technicians (EMTs) are both essential parts of the emergency medical system (EMS). They both respond to medical emergencies and are crucial for public safety and health. However, their roles and responsibilities differ significantly.
The main difference between EMTs and paramedics is the level of education and training required. Paramedics have more advanced training and are qualified to perform more complex procedures. An EMT is a trained professional who responds to emergency calls, such as car accidents, in-home accidents, and natural disasters.
Duties of an EMT include:
- Providing oxygen to patients
- Assessing patients for medical conditions or trauma
- Performing CPR
- Splinting and bandaging broken bones
- Giving epinephrine injections or Narcan for overdoses
- Stabilizing patients who need to go to the hospital
EMTs must quickly evaluate the severity of a patient’s condition and make critical decisions on how to treat them. They need physical strength to move patients and equipment, good communication skills, and the ability to handle stressful situations.
Paramedics provide urgent, life-saving assistance to patients following an accident or serious injury. They can assess your condition at the scene of the accident and keep you stable during transport to the hospital. Paramedics normally undergo more extensive training than EMTs, which enables them to perform advanced procedures and advanced life support measures.
Paramedics can perform many procedures, including:
- Performing intubations to help patients breathe if their airways are damaged or blocked
- Monitoring and analyzing the electrocardiography readings to help diagnose heart attacks
Violations That Can Lead to Disciplinary Actions and License Suspension
Each year, thousands of complaints are filed against EMTs and paramedics in Oakland. Many of these complaints are due to the DOJ and FBI’s requirement that all EMTs undergo criminal background checks. Any new arrests must be reported to the local EMS agency.
This rule often complicates license renewals and can risk license suspension. Approximately two-thirds of complaints regarding professional licenses are linked to criminal charges or convictions.
About one-third of complaints involve issues such as alcohol or drug abuse, obtaining a license by fraud, performing duties beyond your training or authority, dishonesty in connection with medical duties, mistreatment or abuse of patients, sexual misconduct in the workplace, and breach of patient confidentiality.
Two other common accusations are:
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Gross Negligence
This is when a paramedic or EMT acts in a way that deviates significantly from accepted standards of care and seriously endangers or harms patients. A “reasonable person” would not take these actions in a similar situation.
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Incompetence
This is related to a lack of necessary skills, knowledge, or physical abilities to perform paramedic or EMT duties. It can result from failing to demonstrate competence on the job or not having the proper educational background.
If a paramedic or EMT faces serious complaints or formal accusations, they could feel that their career is over. Many emergency workers decide to leave their jobs when they are arrested for DUI while off duty or face administrative hearings that could lead to license revocation.
However, issues with the Emergency Medical Services Authority (EMSA) or EMS do not always mean the end of your career. An investigation might not result in any action being taken against you. Additionally, a skilled attorney specializing in license defense can help by presenting factors that support your case or negotiating a favorable outcome during or before the hearing.
Possible Disciplinary Measures
The Emergency Medical Services Authority may respond to a conviction or criminal case in various ways. The Board may decide to do so:
- To await the outcome of the proceedings
- To decide that the allegations are unconvincing or not closely related to your professional conduct
Below are some of the common disciplinary measure the California Emergency Medical Services Authority decides can take:
Private Censure
This is a private reprimand, like a confidential and non-public letter of censure.
Probation
Another possible action is probation. When your professional license is on probation, you must strictly follow all the conditions set. Your ability to continue working in your profession depends on how well you meet these conditions. You can negotiate the terms and length of probation. An experienced license attorney can help reduce the conditions and the duration of probation. They can also explain what you need to do and what actions could lead to a probation violation.
Fines and Citation
Another form of discipline includes a citation and fines. While the citation may harm your reputation with potential customers, fines can also be significant. The fines typically range from $250 to $2,500, depending on the nature of the offense and the details of the matter.
Generally, fines have to be paid within 60 days after you receive notice from the EMSA. However, with legal assistance, you can arrange to pay the fine over a year if you can show financial difficulty.
Fines and probation are usually given when the offense did not result in patient injury. Additionally, you cannot receive both fines and a license suspension for a single offense.
License Suspension or Revocation
The most serious disciplinary actions are license suspension or revocation. If your license is revoked, you lose the right to practice indefinitely. If it is suspended, you cannot practice for a set period. Fortunately, with the help of a skilled license lawyer, you can reinstate a suspended or revoked license after a certain amount of time, filling out the required paperwork, and showing up for an administrative hearing.
Suspension Stay
The EMSA may allow a stay of the license suspension, meaning you can continue working under probation and supervision. This is often the case when the allegation involves substance abuse. Typically, probation lasts between 3 to 5 years. Even though you will be monitored and face restrictions, following the probation conditions can lead to the restoration of your license.
EMSA Recommended Guidelines
The Emergency Medical Services Authority provides a guide for administrative law judges (ALJ) who oversee disciplinary hearings. It outlines various offenses according to the Health and Safety Code (HSC) 1798.200 and other laws that could result in disciplinary actions.
The ALJ can consider evidence that supports the defendant’s case or deviate from the EMSA guidelines to reach a case settlement that satisfies everyone involved. The EMSA guidelines instruct the ALJ to consider several factors:
- The severity of the accusations
- Whether the offense caused any actual harm
- The potential harm that could have occurred
- The defendant’s prior criminal record and any probation violations
- Any evidence that might lessen or increase the severity of the case
- In cases involving alcohol or drug abuse, whether the defendant completed their rehabilitation program
- Whether the defendant’s employer has imposed any disciplinary actions, which may influence the severity of the EMSA’s discipline
How Does The Licensing Board Learn About Your Charges?
As a general rule, you are required to give an account of all convictions, arrests, or charges to the board. Be sure to check with your licensing board for specific reporting requirements and deadlines. You can also ask your lawyer to verify this information.
EMSA checks records with the Department of Justice, which allows it to access information on convictions, tickets, and arrests. If the agency discovers a conviction or criminal charge against a EMT or paramedic, it will mail a notice to the defendant asking for detailed information.
Additionally, the DOJ may inform your board about any charges or arrests. While you should cooperate with the board it is wise to consult with a skilled license lawyer before providing any information. Anything you say can be used against you in your case.
Defending Your Paramedic or EMT License
If the Emergency Medical Services Authority has issued an Accusation against you, you should file a Notice of Defense. This notice should be submitted within 15 days of receiving the Accusation. Ensure you understand and follow the instructions carefully. A license attorney can assist you with this process.
You must file the notice regardless of whether you would like negotiate a settlement with the licensing board or have the administrative hearing. Failure to file the Notice of Defense may result in a default judgment and order, which usually results in your license being revoked.
After filing the notice, your attorney will begin engaging with the EMSA’s legal representative. The first step is to request discovery, which means asking for any incriminating information that the licensing board has against you.
The following step is to prepare your defenses. If you disagree with the allegations, your attorney will develop strong defenses by gathering evidence of rehabilitation and mitigation. An accusation can be settled in one of two ways:
Stipulated Settlement
This is an agreement between the licensing authority and the practitioner. Both parties consent on how to resolve the case. This may involve dismissing the case, suspending your license, or revoking it. Many cases are resolved through disciplinary measures that places the license on a probation term.
Administrative Hearing
When a settlement is not possible, the case will move to the administrative hearing phase with an ALJ.
Resolving the matter can take several months. Even if the case is settled, it must be approved by the EMSA board or director. When the case goes to the administrative hearing, the ALJ has 30 days to decide. Then, EMSA will have 100 days to approve or reject the ALJ’s decision.
Effect of a Previous Conviction on Your License
Your license lawyer can use strategies to help you avoid conviction or dismiss the charges and protect the license even if a conviction happens. If you are charged and lose your license, you might be able to have your conviction expunged, seal your criminal record, obtain a pardon, or receive a rehabilitation certificate. These actions can help you reinstate a suspended license.
However, not all convictions can be expunged. In some cases, obtaining a rehabilitation certificate or a governor’s pardon might be the ideal option. If your charges have been dismissed, being considered factually innocent can also improve your chances of keeping your license to practice.
What Happens When I Do Not Disclose Previous Convictions In My Professional License Application?
Concealing your criminal charges, investigations, or prior convictions—whether for felonies or misdemeanors, including expunged convictions or no contest pleas—is considered fraud on an application for a professional license. Under Penal Code 1203.4, this may result in the denial of your professional license or other disciplinary action.
You must disclose all prior incidents and convictions when applying for professional licensure. Provide verified court records or documents along with a detailed explanation of the situation.
You should also state whether you have had any certification, accreditation, or professional license revoked, denied, suspended, or placed under probation. Also, disclose when you are currently under any investigation or disciplinary action. It is your obligation to provide the required documentation and a statement explaining the circumstances and any steps taken for remediation.
