Anyone can file a complaint against EMS workers―and complainants can even remain anonymous. After you have dedicated your life's work to helping people in urgent need of medical attention, even a single complaint could derail your career.
If you have been notified of a complaint against your EMS license or certificate, we urge you to contact an EMT and paramedic license defense attorney to protect your career.
EMS Compliance Group
Complaints against EMS workers are filed with the EMS Compliance Group, which is part of the Texas Department of State Health Services (DSHS). Complaints can be filed against any of the following certificants/licensees:
- EMS personnel:
- Licensed Paramedic
- Advanced EMT
- Emergency Care Attendant (ECA)
- EMS providers (company)
- EMS initial education programs
- EMS continuing education programs
- EMS educator (Instructor and Course Coordinator)
Investigating Complaints Against EMS Personnel
When a complaint is received, the EMS Compliance Group of DSHS will determine if it has jurisdiction to act on the complaint. Then the complaint is reviewed to determine if a violation has possibly occurred under the Emergency Health Care Act and/or the Texas EMS rules.
If the EMS Compliance Group determines it has jurisdiction and possible violations have occurred, then it will launch a formal investigation. At this stage an investigator will be assigned, and complainant will receive an acknowledgment letter that includes a tracking number, contact name, and phone number.
In most cases, the investigator will notify the EMS licensees or EMS entity under investigation to gather additional information. This process is generally conducted by mail, email, or phone interviews. In some cases, on-site visits are performed. This is your opportunity to provide all relevant information and respond to the allegations made against you.
The investigative materials and information developed in an investigation is confidential and privileged by Texas state statute. It may not be released to the public or the complainant.
The Enforcement Review Committee
The Enforcement Review Committee of DSHS will review the case once the investigation is complete. It will determine if a violation occurred and what disciplinary action should be taken, if any.
The following disciplinary actions could be imposed by DSHS:
- Revocations of certification/license
- Suspension/probated suspension
- Administrative penalty/fine (EMS provider only)
Alternatively, the Enforcement Review Committee may close a substantiated case without taking disciplinary action when it accepts a licensee's plan of correction or internal remediation.
Defending Your EMS Certification or License
As soon as you are notified by an EMS Compliance Group investigator of a complaint filed against you, we urge you to contact an EMT license defense attorney immediately. Your initial responses to the complaint will impact the ultimate outcome of the investigation.
Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. To best serve our clients we have offices in Austin, Houston, and San Antonio. Our honest, experienced attorneys will fight aggressively on behalf of your license and reputation. Contact us today or call (512) 717-5432 and schedule a case evaluation.