Administrative Law Judge Proposed Decisions on EMT Certifications

The following index is a list of cases where the Respondent requested a due process hearing before an administrative law judge, and the proposed decision of the judge after the conclusion of the hearing. Clicking on the case number will open a .PDF copy of the proposed decision, and the order adopting the decision from the Medical Director of the EMS Agency. The "Final Decision" column contains links to those decisions in which the Medical Director did not adopt the proposed decision of the Administrative Law Judge, and contains a link to the final discipline that was actually imposed, and the reasons for the modified decision.

Copies of Accusations, Statements of Issues and other documents may be found by searching for an individual on the State of California Emergency Medical Services Authority (EMSA) Central Registry of EMT's and Paramedics and clicking on that individual's name to see if there is a history of discipline. Please note that all individuals whose licenses have been disciplined are not reflected on this page, only those cases that actually proceeded to a hearing and where a proposed decision was rendered. All individuals who have had their certification disciplined, regardless of whether or not they requested a hearing, can be found by searching the Central Registry.

Excerpt from Healthy and Safety Code section 1798.200(c)

1. Fraud in the procurement of any certificate or license under this division.
2. Gross negligence.
3. Repeated negligent acts.
4. Incompetence.
5. The commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, and duties of prehospital personnel.
6. Conviction of any crime which is substantially related to the qualifications, functions, and duties of prehospital personnel.
7. Violating or attempting to violate directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this division or the regulations adopted by the authority pertaining to prehospital personnel.
8. Violating or attempting to violate any federal or state statute or regulation that regulates narcotics, dangerous drugs, or controlled substances.
9. Addiction to, the excessive use of, or the misuse of, alcoholic beverages, narcotics, dangerous drugs, or controlled substances.
10. Functioning outside the supervision of medical control in the field care system operating at the local level, except as authorized by any other license or certification.
11. Demonstration of irrational behavior or occurrence of a physical disability to the extent that a reasonable and prudent person would have reasonable cause to believe that the ability to perform the duties normally expected may be impaired.
12. Unprofessional conduct exhibited by any of the following: (A) The mistreatment or physical abuse of any patient resulting from force in excess of what a reasonable and prudent person trained and acting in a similar capacity while engaged in the performance of his or her duties would use if confronted with a similar circumstance. (B) The failure to maintain confidentiality of patient medical information, except as disclosure is otherwise permitted or required by law in Sections 56 to 56.6, inclusive, of the Civil Code. (C) The commission of any sexually related offense specified under Section 290 of the Penal Code.

Excerpt from California Code of Regulations §100214.3. Denial or Revocation of a Certificate

1. A certifying entity, that is not a LEMSA, shall advise a certification or recertification applicant whose conduct indicates a potential for disciplinary cause, based on an investigation by the certifying entity prompted by a DOJ and/or FBI CORI, pursuant to Section 100210(a) of this Chapter, to apply to a LEMSA for certification or recertification.
2. The medical director may deny or revoke any EMT or Advanced EMT certificate for disciplinary cause that have been investigated and verified by application of this Chapter.
3. The medical director shall deny or revoke an EMT or Advanced EMT certificate 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.
   5. Has been convicted and released from incarceration for said offense during the preceding fifteen (15) years for the crime of manslaughter or involuntary manslaughter.
   6. Has been convicted and released from incarceration for said offense during the preceding ten (10) years for any offense punishable as a felony.
   7. Has been convicted of two (2) or more 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.
   8. Has been convicted of two (2) or more misdemeanors within the preceding five (5) years for any offense relating to force, threat, violence, or intimidation.
   9. Has been convicted within the preceding five (5) years of any theft related misdemeanor.
4. The medical director may deny or revoke an EMT or Advanced EMT certificate 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 and Safety Code.

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