Working as an emergency medical technician or a paramedic can come with many challenges. This is due to your ethical and legal responsibility for each treatment you provide, which compels you to follow the right procedure in every circumstance. Your profession also requires you to adhere to a specific scope of practice when performing your duties. Unfortunately, the job description may be misunderstood, which could lead to accusations of neglect or failure to act.

If you find yourself in this predicament, do not try fighting for your professional license alone. Rather, seek advice from our seasoned attorneys at the Santa Cruz License Attorney, who are ready to defend your professional license against any allegations of malpractice or negligence.

The Standards of Care For Emergency Medical Technicians (EMTs) and Paramedics

Paramedics and EMTs face numerous challenges due to their moral and legal responsibility for the treatments they deliver. Various circumstances require different algorithms and treatment compliance protocols.

In your role, you must fulfill your duties according to professional standards and adhere to established care guidelines. Additionally, you must recognize and document medication side effects, record contraindications, note usage changes, and trends, and maintain up-to-date records of ongoing drug prescriptions.

You also must observe and understand the proper treatments suited for different patients based on their symptoms. Your invasive methods ought to feel natural to remove any doubt regarding the course of medication or therapy that is recommended for accident victims. As the carer of injured or ill individuals, you must show dedication, emotional stability, and stress tolerance. You must also have the academic knowledge and physical capabilities to deal with any forthcoming problems.

Due to the scope of your responsibilities, the Emergency Medical Services Authority primarily determines whether you can practice in this field. If the board believes you have violated established care standards, they can quickly file legal complaints and lawsuits against you. You will need an attorney's assistance if your license is at risk, or if you face difficulties obtaining or renewing your practicing license.

At Santa Cruz License Attorney, we have highly trained, experienced attorneys knowledgeable about professional and criminal licensing laws. Our experts will analyze the claims against you, develop legal strategies to address the issue, and work to protect your license.

EMTs and Paramedics Roles

Emergencies in the medical field are impossible to predict, and emergency medical technicians and paramedics often respond to situations where lives are at stake. Generally speaking, people fail to adequately recognize how taxing the responsibilities of emergency personnel are. Most people tend to underrate these specialists until a crisis occurs. Unfortunately, even when these specialists respond, they often face official charges, lawsuits, or the loss of their licenses to practice.

Every step you take as an emergency respondent to administer drugs or therapy, and every decision you make regarding emergencies, is ethically and legally binding to higher standards of care. You must swiftly analyze chaotic events, respond quickly, and make judgments to protect everyone's safety while appropriately documenting everything that is happening.

Additionally, you should remain aware of the latest developments in:

  • Legislation
  • Treatments
  • Medications relevant to your work

You may also find that as you carry out your responsibilities, you put your own life in danger to save others. However, even a minor error could result in the suspension or revocation of your license, in addition to the possibility of facing criminal charges.

The general public must understand the differences between emergency medical technicians' and paramedics' responsibilities. EMTs are primarily trained to assist physicians and paramedics. Their range of practice is limited since they only complete specific medical procedures for which they have received proper training.

Unfortunately, these constraints often result in accusations of indecision when an emergency medical technician (EMT) is unable to administer certain treatments or perform tasks within their authorized scope of practice.

EMTs are responsible for certain roles, including:

  • Assessing vital signs
  • Providing immediate life-saving assistance
  • Transferring patients to the ER (emergency room)
  • Conducting victim interviews
  • Informing hospital staff of their evaluations and actions to ensure seamless continuity of care
  • Serving as adjuncts to the local fire stations and police

Paramedics, on the other hand, are legally authorized to perform invasive medical procedures.

The attorneys at Santa Cruz License Attorney respect the roles emergency responders play and how they risk their lives to help victims. Regardless of the allegations against you, we will defend you without judgment to protect your permit and ensure you can continue serving society by keeping your license.

Disciplinary Measures By the Emergency Medical Services Authority

The Emergency Medical Services Authority’s (EMSA) probe into your license does not necessarily spell the end of your career. In recent years, numerous claims or charges have been lodged against emergency workers. The primary cause for these repeated complaints is the Department of Justice and Federal Bureau of Investigation's current requirement for paramedics and emergency medical technicians to go through criminal background checks. Additionally, any future arrests must be reported to the appropriate Emergency Medical Services agency.

The nature of the job is the source of other complaints. A criminal history puts many emergency response workers at risk of license renewal or revocation issues. Many of these issues arise from criminal charges or convictions.

The following are examples of common issues that could lead to official complaints being filed against you:

  • Alcohol or drug abuse problems
  • Workplace sexual misconduct
  • Using unconventional methods to acquire the current license
  • Mistreatment of victims
  • Inability to perform duties
  • Engaging in actions beyond your range of authority or practice
  • Fraudulent actions associated with your pre-hospital responsibilities
  • Breaching patient confidentiality

In addition, you may face charges of gross negligence if you deviate from the established and recognized standard of care, causing harm to a patient or endangering their life. Specifically, gross negligence occurs when you behave in a manner that an average person would not under the same circumstances.

You may also be able to base your claim on incompetence, which refers to an absence of physical capacity, skills, or the proper knowledge necessary to work as an Emergency Medical Technician or paramedic. Without the appropriate education and training, you are likely to face these charges.

You might assume that accusations of gross carelessness, incompetence, or disregarding emergency medical staff regulations can result in employment termination. Many professionals facing official criminal charges or complaints believe that an arrest for committing a violation, even outside work, can lead to disciplinary measures.

However, being in trouble with EMSA will not always ruin your career. Investigations are insufficient to warrant disciplinary action. An experienced defense attorney can present mitigating factors during the trial or negotiate with the prosecution before or during the administrative procedure to achieve a fair outcome. By taking these steps, you can protect yourself from disciplinary action, preserving your career, standing in this field, and income source.

EMSA Recommended Procedures

EMTs and paramedics are not subject to disciplinary action for every criminal conviction they receive. Additionally, previous convictions will not impact your current license unless they negatively affect the permit due to the nature of the offense or its surrounding circumstances.

When presiding over cases, administrative law judges must adhere to guidelines issued by EMSA. These regulations provide equal and consistent sanctions for infractions committed by emergency medical technicians or paramedics.

When a professional attempts to resolve claims through negotiations, these guidelines serve as the standard for settling disciplinary proceedings. The results of the discussions or settlement are determined by what the parties involved in the conflict deem appropriate, per the Administrative Procedure Act.

If you contest the charges against you under this Act, the presiding ALJ will utilize the policies to suggest the proper disciplinary actions to the licensing body.

Throughout the hearing, you will have the opportunity to voice your opinions during the investigations, the formal filing of the complaints, the discussions concerning the settlement, as well as the administrative actions. Additionally, it helps you determine the nature of the disciplinary action that is most likely to be imposed on you based on the case.

The judge considers the following factors when recommending disciplinary action:

  • The seriousness of the offense or conduct under investigation
  • Your disciplinary record
  • The potential threat the crime presents to the general public
  • Proof of rehabilitation
  • Previous corrective actions or warnings on record
  • Aggravating and mitigating factors
  • Your general criminal history
  • Prior convictions and compliance with probation or sentencing terms.
  • Any employer-imposed disciplinary measures resulting from the offense.
  • Record expungement evidence
  • Time elapsed since the offense or infraction

Possible Disciplinary Actions and Penalties

The Emergency Medical Services Authority can respond to criminal charges against you in several ways. They could wait until your trial concludes or find that the claims against you are unconvincing or unrelated to your practice.

A private censure, also known as a warning letter, is one of the disciplinary actions the board may take against you. This letter will remain confidential and hidden from the public.

Also, the association can impose substantial fines and issue a citation that negatively impacts your professional reputation with potential clients. This citation is also published on EMSA’s website, where prospective employers and customers can see it. Although this disciplinary action is relatively minor, it could still adversely affect your career.

The monetary penalties could be between 250 to 25,000 dollars, regardless of the nature of the violation. You must pay the penalty within sixty days after the agency issues it. However, with the help of a licensing attorney, you might negotiate a longer repayment period. A skilled attorney can potentially arrange for you to pay the fine within a year if they can demonstrate your financial hardship.

Additionally, the board has the authority to impose probation terms. If the board decides to place you and your license on a probationary term, you should comply with all conditions to retrieve your license.

If the conditions are harsh, your lawyer can negotiate for lesser and more tolerant conditions that are easier to adhere to. With the help of a professional licensing attorney, you can better understand the set requirements, enabling you to comply and potentially shorten the probationary term.

If the charges involve substance misuse, you risk having your license revoked or suspended. During your suspension, you will not be allowed to practice. However, after a specified period, your lawyer could apply to have your license reinstated.

The final option is for your attorney to request that the suspension be put on hold and your license is placed on probation for approximately 36 to sixty months, contingent upon completing a sanctioned substance or alcohol abuse school. This choice is preferable to completely losing the license.

How You Can Defend Your License

A defense notification must be submitted within 15 days after receiving an accusation or complaint notice from the Emergency Medical Services Authority.

To understand the notice and observe the directions, it is highly recommended that you engage an attorney. They will explain the whole procedure to you. You must submit the defense notification to resolve the dispute or proceed with the hearing. If you fail to update the notice, you will be considered in default, then the ALJ will issue orders to revoke your license.

After submitting the notice, your lawyer will engage EMSA's legal representatives to request any discovery or proof the council has against your license.

Following an analysis of the proof, your attorney will identify any vulnerabilities and use those weaknesses to formulate a defense strategy. To effectively defend against these claims, it is necessary to provide evidence of mitigating factors and rehabilitation. These factors may include:

  • No record or history of criminal activity
  • Cooperation with authorities conducting the investigation
  • No harm was inflicted on the alleged victim
  • Commendable efforts toward rehabilitation and voluntary restitution to victims
  • Voluntary reporting of the infraction or occurrence to EMSA

Your license attorney will prioritize protecting your license, regardless of the criminal charges you face.

Can a Prior Conviction Impact Your License?

Your licensing attorney should be able to employ techniques that assist in obtaining an acquittal or dismissal of your charges. They can also protect your license even in situations where you are unable to avoid conviction.

The good news is that if you are found guilty and lose your license, you have several options, such as, expunging the conviction, sealing your criminal record, receiving a pardon, or securing a rehabilitation certificate. Through any of these procedures, you can effectively reinstate a suspended license.

Keep in mind that not all criminal offense convictions can be expunged. Consequently, the only viable course of action might be to obtain a rehabilitation certificate or a pardon from the governor. Additionally, if the allegations are dropped, you should strive to obtain a factual innocence finding to enhance your chances of retaining your license.

Find a Professional License Defense Attorney Near Me

Emergency medical technicians and paramedics work every day to save other people’s lives. Dealing with complaints or criminal charges after trying to save someone's life can be a daunting experience. Disciplinary action resulting from a complaint or charge may prevent you from practicing and harm your professional reputation. To protect your practicing license and ensure you can continue working, the Santa Cruz License Attorney can help you. Call us now at 831-732-4390.