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PARAMEDICS & EMT AND DUI

 

 

 

 

PARAMEDIC DISCIPLINE STATUTE

 

Pursuant to California Health & Safety Code Section 1798.200, the EMS Authority may deny, revoke, suspend, or place on probation a paramedic’s license for the following acts or omissions:

  1. Conviction of any crime which is substantially related to the qualifications, functions, and duties of pre-hospital personnel.
  2. Violating or attempting to violate any federal or state statute or regulation which regulates narcotics, dangerous drugs, or controlled substances. This section is used on paramedics who fail a random drug test.
  3. Addiction to the excessive use of, or the misuse of, alcoholic beverages, narcotics, dangerous drugs, or controlled substances.

 

Denial/Revocation Standards.

 

 (a) The Authority shall deny/revoke a paramedic license if any of the following apply to the applicant:

(1) Has committed any sexually related offense specified under Section 290 of the Penal Code.

(2) Has been convicted of murder, attempted murder, or murder for hire. (3) Has been convicted of two (2) or more felonies. (4) Is on parole or probation for any felony. (b) The Authority shall deny/revoke a paramedic license, if any of the following apply to the applicant:

(3) Has been convicted and released from incarceration for said offense during the preceding fifteen (15) years for the crime of manslaughter or involuntary manslaughter. (2) Has been convicted and released from incarceration for said offense during the preceding ten (10) years for any offense punishable as a felony. (3) Has been convicted of two (2) misdemeanors within the preceding five (5) years for any offense relating to the use, sale, possession, or transportation of narcotics or addictive or dangerous drugs. (4) Has been convicted of two (2) misdemeanors within the preceding five (5) years for any offense relating to force, violence, threat, or intimidation. (5) Has been convicted within the preceding five (5) years of any theft related misdemeanor. (c) The Authority may deny/revoke a paramedic license if any of the following apply to the applicant: (1) Has committed any act involving fraud or intentional dishonesty for personal gain within the preceding seven (7) years. (2) Is required to register pursuant to Section 11590 of the Health & Safety Code. (d) Subsections (a) and (b) shall not apply to convictions that have been pardoned by the governor, and shall only apply to convictions where the applicant/licensee was prosecuted as an adult. Equivalent convictions from other states shall apply to the type of offenses listed in (a) and (b). As used in this section, “felony” or “offense punishable as a felony” refers to an offense for which the law prescribes imprisonment in the state prison as either an alternative or the sole penalty, regardless of the sentence the particular defendant received.  (e) This section shall not apply to those paramedics who obtained their California Paramedic License prior to the effective date of this Section; unless: (1) The licensee is convicted of any misdemeanor or felony subsequent to the effective date of this Section. (2) The licensee committed any sexually related offense specified under Section 290 of the Penal Code. (3) The licensee failed to disclose to the Authority any prior convictions when completing his/her application for initial paramedic license or license renewal. (f) Nothing in this section shall prevent the Authority from taking licensure action pursuant to Health & Safety Code Section 1798.200. (g) The Director of the Authority may grant a license to anyone otherwise precluded under subsections (a) and (b) of this section if the Director of the Authority believes that extraordinary circumstances exist to warrant such an exemption. (h) Nothing in this section shall negate an individual’s right to appeal the denial of a license or petition for reinstatement of a license pursuant to Chapter 5 .

 Substantial Relationship Criteria for the Denial, Placement on Probation, Suspension, Fine, or Revocation of a License.

 (a) For the purposes of denial, placement on probation, suspension, or revocation, of a license, pursuant to Section 1798.200 of the Health and Safety Code, or imposing an administrative fine pursuant to Section 1798.210 of the Health and Safety Code, a crime or act shall be substantially related to the qualifications, functions and/or duties of a person holding a paramedic license under Division 2.5 of the Health and Safety Code. A crime or act shall be considered to be substantially related to the qualifications, functions, or duties of a paramedic if to a substantial degree it evidences present or potential unfitness of a paramedic to perform the functions authorized by her/his license in a manner consistent with the public health and safety.

(b) For the purposes of a crime, the record of conviction or a certified copy of the record shall be conclusive evidence of such conviction. “Conviction” means the final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere.

RECOMMENDED GUIDELINES FOR DISCIPLINARY ORDERS AND CONDITIONS OF PROBATION

 Violating or attempting to violate any federal or state statute or regulation which regulates narcotics, dangerous drugs, or controlled substances.

Maximum Discipline: Revocation;  Recommended Discipline: Revocation stayed, 60 day suspension, and 3 years probation with terms and conditions.  Minimum Discipline: Revocation stayed, and 3 years probation with terms and conditions.  Minimum Conditions of Probation: All Standard Conditions and Optional  Conditions: 1, 2, 3, 4, and 10.

 

Addiction to the excessive use of, or the misuse of, alcoholic beverages, narcotics, dangerous drugs, or controlled substances.

Maximum Discipline: Revocation;  Recommended Discipline: Revocation stayed, suspension until assessment and successful completion of drug/alcohol detoxification diversion program, and 5 years probation with terms and conditions. # Minimum Discipline: Revocation stayed, and 3 years probation with terms and conditions.  Minimum Conditions of Probation: All Standard Conditions and Optional Conditions: 1, 2, 3, 4, and 10.

 

Optional Conditions of Probation

  1. Abstinence from Drug Possession and Use:

The respondent shall abstain from the possession, injection or consumption by any route of all controlled substances, dangerous drugs, or any drugs requiring a prescription unless prescribed under federal or state law as part of a documented medical treatment.          Within fourteen days of obtaining such a prescription, respondent shall ensure that the prescribing professional provides the EMSA a written report identifying the medication, dosage, the date the medication was prescribed, the respondent’s diagnosis, and the date the medication will no longer be required. This report must be provided to the EMSA directly by the prescribing professional.

If the respondent has a lawful prescription when initially placed on probation, this same report must be provided within fourteen days of the commencement of probation.

Any and all notifications to the EMSA shall be by certified mail.

  1. Abstinence from the Use of Alcoholic Beverages:

The respondent shall abstain from the use of alcoholic beverages.

  1. Biological Fluid Testing:

The respondent shall submit to routine and random biological fluid testing or drug/alcohol screening as directed by the EMSA or its designee. Respondent may use a lab pre-approved by the EMSA or may provide to the EMSA the name and location of an independent laboratory or licensed drug/alcohol testing facility for approval by the EMSA. The EMSA shall have sole discretion for lab approval based on criteria regulating professional laboratories and drug/alcohol testing facilities. When the EMSA requests a random test, the respondent shall provide the required blood/urine sample by the time specified, or within 12 hours of the request if no time is specified. When the EMSA requests a random test, the respondent shall ensure that any positive test results are conveyed telephonically by the lab to the EMSA within 48 hours, and all written positive or negative results are provided directly by the lab to the EMSA within 10 days. The respondent shall be responsible for all costs associated with the drug/alcohol screening.

At the EMSA’s sole discretion, the EMSA may allow the random drug testing to be conducted by the respondent’s employer to meet the requirement of random drug testing as set forth above. The results of the employer’s random drug testing shall be made available to the EMSA in the time frames described above.

  1. Drug/Detoxification/Diversion Program:

Within      days of the effective date of this decision, the respondent shall enroll and participate in a drug/detoxification/diversion program approved by the EMSA. The respondent shall participate in the program until appropriate medical supervision determines that further treatment and rehabilitation is no longer necessary.

If the respondent voluntarily withdraws from the drug/detoxification/diversion program or the respondent is expelled from the program, such withdrawal or expulsion shall constitute a violation of probation by the respondent. The respondent shall be responsible for all costs associated with such drug/detoxification/diversion program.

  1. Psychiatric/Medical Evaluation:

Within      days of the effective date of this decision, and on a periodic basis as specified by a psychiatrist certified by the American Board of Psychiatry and Neurology, or other specialist as determined by the director of the EMSA, the respondent shall submit to a psychiatric evaluation. The psychiatrist must be

approved by the EMSA prior to the evaluation. The respondent shall be responsible for all costs associated with the evaluation.

Within      days of the effective date of this decision, and on a periodic basis as specified by a licensed physician, or other specialist as determined by the director of the EMSA, the respondent shall submit to a medical evaluation. The physician must be approved by the EMSA prior to the evaluation. The respondent shall be responsible for all costs associated with the evaluation.

The EMSA shall have the sole discretion to determine if the respondent may continue to practice as a paramedic until such time that the psychiatrist or physician evaluates and determines that the respondent is mentally and/or physically fit to practice safely as a paramedic

 

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By Barry T. Simons: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”.

By Barry T. Simons: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”.