- What is the Texas Department of State Health Services (DSHS)? What is the EMS Compliance Group?
- What happens when DSHS receives a complaint about a licensee?
- What kinds of complaints does DSHS investigate?
- What types of events lead to disciplinary action by DSHS?
- Do I need to contact a lawyer if I receive a complaint from DSHS?
- What can I do if I know the complaint isn’t valid?
- What sanctions can occur as a result of a DSHS complaint?
What is the Texas Department of State Health Services (DSHS)? What is the EMS Compliance Group?
The Texas DSHS is a state agency with various divisions, including the EMS Compliance Group, which licenses and regulates various individuals and entities related to emergency medical services. One of the duties of the EMS Compliance Group is to investigate complaints made against:
- EMS licensees or certificate holders (paramedics, emergency medical technicians (EMTs), and emergency care attendants (ECAs));
- EMS personnel;
- EMS providers;
- EMS first responder organizations;
- EMS education programs;
- EMS course coordinators; and
- EMS instructors.
What happens when DSHS receives a complaint about a licensee?
When the EMS Compliance Group of DSHS receives a complaint, it first determines whether it has jurisdiction to investigate and address it. If the DSHS decides that it has jurisdiction over the complaint, it reviews it to determine if it alleges a violation of the Emergency Health Care Act or the Texas EMS rules. If DSHS determines that violations may have occurred, it will assign the case to an investigator to complete a formal investigation.
At that point, the investigator will contact the EMS licensee or entity to notify them of the investigation. The investigator will gather additional information from all involved parties to carry out the investigation, which may occur via mail, email, phone interviews, or, in some cases, on-site visits. Licensees also will have the chance to respond to the allegations in the complaint and provide additional information.
What kinds of complaints does DSHS investigate?
DSHS investigates all types of complaints. Some of the most common complaints involve the following:
- Issues related to patient care;
- Failure to follow protocols;
- Failure to provide DSHS with requested information;
- Failure to appropriately document treatment and medication administration;
- Expired licenses/certificates;
- Equipment/supplies/medication deficiencies;
- Drug diversion;
- Criminal conduct;
- Reckless operation of an ambulance; and
- Unprofessional conduct which might endanger the public.
What types of events lead to disciplinary action by DSHS?
Anyone can file a complaint with DSHS against an EMS-licensed individual or entity. Another healthcare professional, first responder, or colleague can file a complaint with DSHS. However, other third parties, such as patients or patients’ family members, can also file complaints. The complaint process can also be anonymous, which may make complaints more likely.
For example, in 2024, DSHS received 1,519 complaints. Of those complaints, 1,339 were directed at EMS personnel. About 400 of those complaints were internally generated, and 779 were self-reported. Only 12 complaints in 2024 were made anonymously.
Do I need to contact a lawyer if I receive a complaint from DSHS?
You should always contact a lawyer when you receive notice from DSHS that someone has filed a complaint against you. How you initially respond to the complaint can make a huge difference in the outcome of your case. A lawyer can help you craft a comprehensive response to the complaint without any fear of admitting to a rules violation or harming your defense. By getting the help of legal counsel from the outset, you will have a better chance of resolving the complaint in your favor.
What can I do if I know the complaint isn’t valid?
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Even if you believe the complaint to be unfounded or wholly frivolous, you still must cooperate in the investigation process with DSHS and any ensuing disciplinary proceedings. Refusing to respond or ignoring the proceedings could result in a finding of misconduct by DSHS or, at the very least, a refusal to cooperate or provide information. As a result, you could face sanctions from DSHS affecting your license if you ignore or fail to respond to the complaint.
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Again, your first step after receiving notice of an active investigation should be to contact an experienced license defense attorney to protect your rights. Under no circumstances should you contact DSHS directly to tell your side of the story or explain why the complaint is false. All too often, talking directly to DSHS without the guidance of legal counsel can result in you inadvertently admitting to some misconduct or making your current situation worse.
What sanctions can occur as a result of a DSHS complaint?
If DSHS finds that a licensee has violated a rule or law related to their profession, they can face a range of sanctions, including license revocation, license suspension, a reprimand, or assessment of an administrative penalty.
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. Call us today at (512) 980-3751 or get more information about us online.
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