The Texas Department of State Health Services (DSHS) is the state agency responsible for licensing emergency medical services (EMS) professionals. As a result, DSHS investigates complaints against EMTs and paramedics and takes disciplinary action against them if warranted.
EMS personnel hold various types of certificates, depending on the level and type of their position. Since DSHS regulates these certificates, it can impose disciplinary sanctions in cases involving violations of the rules or laws governing the professions. Potential sanctions may include a reprimand, suspension of a certificate or license, probated suspension of a certificate or license, or revocation of a certificate.
Understanding Certificate Suspensions and Probated Suspensions
If DSHS wishes to suspend or revoke the certification of an EMT or paramedic, it must notify them of the complaint and its alleged violation(s). The EMS or paramedic then can request an appeal hearing within 30 days of the date of the notice of violation. However, if the EMT or paramedic fails to request an appeal hearing within that timeframe, they waive their right to appeal the DSHS proposed disciplinary action, and DSHS can proceed with it.
In extreme situations, DSHS can order the emergency suspension of an EMT or paramedic certificate separately from any disciplinary proceeding. Emergency suspension may be warranted if DSHS has reasonable cause to believe that the conduct poses a danger to the public’s health and safety.
During a certificate suspension, an EMT or paramedic is typically unable to practice in their profession. However, DSHS may opt to probate the suspension, which involves placing certain probationary conditions on the ability to continue practicing in their professions. Some common conditions of a probated suspension may include the following:
- Regularly report to DSHS concerning matters related to the violation;
- Observe restrictions on practice in areas prescribed by DSHS;
- Continue or review professional education until attaining a degree of skill satisfactory to DSHS in relevant areas; and
- Complete or continue to meet specific requirements or conditions related to the circumstances surrounding the certificate rule violations or background to ensure they will continue to meet and maintain general EMS standards.
Crimes and Their Impact on EMS Certification
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Under Tex. Health and Safety Code §773.06141, DSHS may suspend, revoke, or deny renewal of a certificate for a person who has been convicted of, or placed on deferred adjudication community supervision or deferred disposition for, an offense that directly relates to their duties and responsibilities. These offenses include murder, aggravated kidnapping, aggravated robbery, and certain sex offenses requiring registration. Another related criminal offense is Medicare or Medicaid fraud, as well as activities concerning the state Medicaid program.
In determining what crimes directly relate to the duties and responsibilities of EMTs and paramedics, Tex. Health and Safety Code §773.0615 outlines various factors that DSHS must consider, which include the following:
- The nature and severity of the crime;
- The relationship of the crime to the purposes of professional certification;
- The extent to which certification might offer an opportunity to engage in further similar criminal activity; and
- The relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the profession.
What Sanctions Can Result From a Complaint to DSHS Against an EMS Professional?
EMS professionals can face a range of sanctions for violating the rules or laws that relate to their respective professions. DSHS can impose the following disciplinary actions:
- License/certification revocations;
- License/certification suspensions or probated suspensions;
- Reprimands;
- Administrative penalties or fines for EMS providers.
Are There Any Alternatives to Disciplinary Action After a DSHS Complaint?
The Enforcement Review Committee of DSHS can close a case without disciplinary action, even if it has substantiated a violation of a rule or a law by a licensee. For example, a licensee may have the opportunity to complete a plan of correction or undergo internal remediation to avoid disciplinary action.
How Does DSHS Determine the Fitness of an EMT or Paramedic for Certification After Conviction or Deferred Adjudication for Certain Crimes?
DSHS must consider the following factors to determine the fitness of EMS personnel :
- The extent and nature of the person’s past criminal history;
- The age of the person at the time of the crime;
- How much time has passed since the person’s last crime occurred;
- The conduct and work activity of the person before and after the crime;
- Evidence of the person’s rehabilitation or rehabilitative efforts; and
- Other evidence of the person’s fitness, including letters of recommendation from:
- Prosecutors, law enforcement officers, correctional officers, or community supervision officers who prosecuted, arrested, or had custodial or other responsibility for the person;
- The sheriff or chief of police in the community where the person resides; and
- Any other person in contact with the person.
Get Legal Advice and Defend Yourself Against Disciplinary Proceedings
An experienced Texas EMT/Paramedic license defense attorney at Bertolino LLP can examine your situation, evaluate your options, and advise you on the most effective strategy for minimizing any sanctions against your license. Our goal is to put you in the best position to protect your license and career from potentially negative consequences that may result from disciplinary proceedings. Contact us today at (512) 980-3751 or visit our website for more information.
Call or text (512) 476-5757 or complete a Case Evaluation form
