Being a paramedic or an emergency medical technician is a noble calling. People facing medical emergencies are assured of quality medical care before they arrive at an ER or healthcare facility. However, the job requires long years of training, dedication, and experience. It also costs a lot of money to train in the profession. Additionally, you must demonstrate impeccable skills in your area of expertise and in local, state, and federal law laws affecting your profession to be licensed by the California Emergency Medical Services Authority.
However, the certification is always dependent on your performance. If you demonstrate incompetence or are accused of unprofessionalism, EMSA can revoke your license. This is unfortunate, considering how long and hard you have worked to build a career. EMSA has set operations standards for all paramedics and EMTs for you to abide by. Violating any of these standards can affect your license.
However, you can defend your livelihood before the board takes disciplinary action against you. You will need a competent license attorney for advice, support, and assistance in building a solid defense for your license. If you are under the board’s investigation at San Luis Obispo, our experienced lawyers at San Luis Obispo License Attorney can assist.
Critical Roles of Paramedics and EMTs
EMTs and paramedics work closely together to help people facing medical emergencies. People call for medical help from their homes, workplaces, markets, or even the middle of nowhere. When people face an emergency, they hope someone will find them quickly, offer first aid services, and assist them to a healthcare facility or ER for specialized care. Thus, your role as a certified first respondent is invaluable. Your service is among the most sought-after services in California.
However, building a career in this field is not very easy. Many people desire to become paramedics or EMTs, but only a few become licensed. This is because this is one of the careers that requires you to dedicate so much of your time and resources to build. You must undergo emergency response training, first aid, and other critical skills for years before sitting an exam to demonstrate your knowledge and prowess in the field. EMSA has strict criteria for those applying for licenses in this profession. To qualify, you must meet the set standards and demonstrate a willingness and ability to handle emergencies.
Additionally, being a licensed EMT or paramedic requires you to administer safe, professional, and effective services to retain your license. EMSA will not hesitate to suspend or cancel your license if you put your patients at risk of harm. The board can also take disciplinary action against your career if you violate laws affecting your profession or fail to abide by the profession’s operation standards. Thus, you must continuously exercise caution when discharging your services or living your everyday life to retain your license.
EMSA has several penalties for licensed paramedics and EMTs who violate their professional operations code. It will use one of the listed penalties against you if you behave unprofessionally towards your patients, colleagues, employer, or the public.
Cases of unprofessional conduct among paramedics and EMTs are usually high. Some professionals make genuine mistakes, while others are pushed into irrational decisions threatening their licenses. Sometimes, people can falsely accuse you of unprofessionalism, especially if they are jealous or dissatisfied with your service. You must act swiftly to defend your profession effectively. A skilled license attorney will explain your rights and options and help you fight to retain your license.
Why EMSA Disciplines Unprofessional Paramedics and EMTs
In addition to licensing qualified paramedics and EMTs to discharge their services in California, EMSA ensures that certified professionals always offer safe, effective, and professional services. The board welcomes the public to lodge their complaints of unprofessionalism and dissatisfaction if a paramedic or EMT falls short of the standards of their operations. EMSA receives complaints from dissatisfied patients, families, colleagues, or employers. The board must substantiate the complaints before taking action against the accused professional. If it receives an unsubstantiated complaint, the board dismisses it.
However, if the complaint is credible, Emsa must investigate to determine its severity and gather evidence. It must also determine the proper disciplinary action against the accused paramedic or EMT. EMSA officials will notify you of the complaint, any evidence against you, and the pending investigation to prepare you for the administrative process. You can conduct an independent inquiry into the matter and gather the evidence you will use to defend your actions or fight for your career. You can also seek legal representation to ensure you have a knowledgeable person by your side during the administrative process.
Here are some of the reasons why EMSA could discipline you:
- Obtaining your paramedic or EMT license through fraud
- Committing any other fraudulent act, including insurance fraud
- A police arrest or criminal conviction that affects your competence or professionalism
- Being addicted to alcohol or drugs to the point that you cannot discharge safe or effective services
- Demonstrating incompetence or being negligent when assisting a patient
- Offering more service than your license allows
- Abuse or mistreatment of patients
- Engaging in sexual misconduct with a patient or colleague
- Violating your patient’s confidentiality
- Operating without a valid license
The board handles complaints against EMTs and paramedics according to the severity of the matter. A complaint’s severity is determined by its possible consequences. For example, violations that put the safety of patients or the public at risk are considered more severe than those that do not affect patients or the public in any way. Since it is difficult to tell how your case will end, it is good to have legal representation. Your license defense attorney will also fight against your allegation to compel the board to rule favorably.
When facing a grave charge, like incompetence or gross negligence, it could seem more straightforward to leave your career or resign yourself to the board’s final verdict. However, remember how hard you have had to work to build your career to the level you are at. Remember your sacrifices, including financial sacrifices, to master the skills and obtain your license. If you are not willing to give all that up, a competent license attorney can help. They can look for mitigating issues to help your situation. For example, if you have performed well over the years, your lawyer can use your good record to negotiate a favorable resolution with EMSA.
Different Ways EMSA Disciplines Unprofessionalism
When EMSA decides to pursue an unprofessional allegation against you, it will appoint an administrative judge to spearhead an investigation and conduct a hearing to determine your proper discipline. The judge’s final decision will depend on its findings in the inquiry.
If the allegation is only minor and no one suffered actual harm by your actions or omissions, the judge can recommend a citation or letter of reprimand. EMSA will issue these through its website. According to the violation, it could charge you a fine or any other monetary charges it deems fit. Fortunately, a citation or reprimand letter does not affect your livelihood or license. However, it can affect your career if critical people, like your patients or employer, find out about the matter. Some people have lost their jobs, and others have lost important clients due to a citation or reprimand by EMSA.
If you are worried about this discipline’s impact on your career, your lawyer can negotiate with the board to dismiss your charges. When that happens, you can resume your life and job as if the allegation did not occur.
Sometimes, EMSA puts paramedics or EMTs on probation pending the determination of their case. When your license is on probation, you can resume working, but under some strict conditions. Violating your probation terms can severely affect your license and livelihood. For example, the board can cancel your license immediately after a probation violation. A skilled lawyer can also assist you while on probation. For example, they can bargain favorable probation conditions that will not affect your freedom to work or enjoy your time. Additionally, they can fight a reasonable probation time to enable you to resume full service without limiting conditions.
In some severe cases of unprofessionalism, EMSA can suspend your license for some months, a year, or several years. The suspension period depends on the nature and gravity of the violation. Although suspension is only temporary, you cannot earn a living within the period your license will be on suspension. You will also face severe consequences, including a possible revocation of your license, for discharging your services on a suspended license.
Your lawyer can fight your license suspension to ensure you do not miss a day at work. If that does not work, they can plead for a fair suspension period to ensure you return to work sooner rather than later.
EMSA uses license revocations in more severe cases, primarily those that result in harm or injury to a patient or another person. For example, if you are accused of gross or criminal negligence or your incompetence caused a patient to suffer physical harm or death, EMSA can cancel your license. License revocations are usually permanent, meaning you cannot serve as an EMT or paramedic in California after the revocation.
Your lawyer can put up a solid defense to fight the revocation. They can present evidence or mitigating elements to compel EMSA to reconsider its harsh decision. Your lawyer can also plead for a more favorable penalty, like license probation or suspension, in place of revocation to ensure you keep your livelihood.
How EMSA Determines Proper Discipline
EMSA has a published standard of operations for licensed paramedics and EMTs on its website. This is where you will find a complete list of violations that could trigger disciplinary action. Although it provides general guidelines on how it disciplines some of these violations, EMSA handles issues on a case-to-case basis. The final decision on your case will depend on several factors, including how aggressively your attorney presents your defense. If your attorney has solid evidence in your favor or uses mitigating factors, the board can review its decision to discipline you. Here are other factors EMSA considers when determining the proper penalty for an unprofessional EMT or paramedic:
- The nature or gravity of the allegation
- If your actions or omissions caused a patient or any other person to suffer physical harm or death
- The possible impact of your violation
- If you were previously warned about or punished for the violation
- If you have a record of an arrest or conviction, and how long ago the record occurred
- Your performance during a previous probation
- The presence of aggravating (like the death of a patient) or mitigating factors (like your excellent record of performance) in your case
- If you were punished for the same violation by your employer or supervisor
- Any measures you have taken to correct your behavior or stop future violations, for example, if you signed up for counseling, drug treatment, or anger management
A skilled license attorney will use any strategy that will result in a fair resolution of your case.
Find a Reliable License Lawyer Near Me
Whether fabricated or minor, an allegation of professional misconduct can gravely affect your paramedic or EMT career. If your job has cost you a lot of money, time, and effort, you will act immediately after being notified of a pending investigation by EMSA to defend your license. Remember that certification by EMSA does not come quickly. It takes years of training and retraining, money, and dedication. Fortunately, you can work with a competent attorney to ensure that your case does not result in a suspension or revocation of your license.
We understand how EMSA's administrative processes work at San Luis Obispo License Attorney. Our attorneys have defended many healthcare professional licenses. Thus, we know the procedures to follow and the best strategies to obtain a favorable outcome in your case. Contact us at 805-465-2766 if you or someone you love is under EMSA investigation. We can work together to influence the board’s final ruling.