2005 California Health and Safety Code Sections 1798.200-1798.211 CHAPTER 7. PENALTIES

1798.200.  (a) The medical director of the local EMS agency may, in
accordance with Chapter 6 (commencing with Section 100206) of
Division 9 of Title 22 of the California Code of Regulations, deny,
suspend, or revoke any EMT-I or EMT-II certificate issued under this
division, or may place any EMT-I or EMT-II certificate holder on
probation, upon the finding by that medical director of the
occurrence of any of the actions listed in subdivision (c).  The
authority shall ensure that the local EMS agency's disciplinary
policies and procedures are, at a minimum, as effective in protecting
the due process rights of any EMT-I or EMT-II certificate holder as
those in Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code.
   (b) The authority may deny, suspend, or revoke any EMT-P license
issued under this division, or may place any EMT-P license issued
under this division, or may place any EMT-P licenseholder on
probation upon the finding by the director of the occurrence of any
of the actions listed in subdivision (c).  Proceedings against any
EMT-P license or licenseholder shall be held in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
   (c) Any of the following actions shall be considered evidence of a
threat to the public health and safety and may result in the denial,
suspension, or revocation of a certificate or license issued under
this division, or in the placement on probation of a certificate or
licenseholder under this division:
   (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
which 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.  The
record of conviction or a certified copy of the record shall be
conclusive evidence of the conviction.
   (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 which 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.  Nothing in this section shall be deemed to prohibit an
EMT-I, EMT-II, or EMT-P from assisting a peace officer, or a peace
officer who is acting in the dual capacity of peace officer and
EMT-I, EMT-II, or EMT-P, from using that force that is reasonably
necessary to effect a lawful arrest or detention.
   (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.
1798.201.  (a) When information comes to the attention of the
medical director of the local EMS agency that an EMT-P licenseholder
has committed any act or omission that appears to constitute grounds
for disciplinary action under this division, the medical director of
the local EMS agency may evaluate the information to determine if
there is reason to believe that disciplinary action may be necessary.
   (b) If the medical director sends a recommendation to the
authority for further investigation or discipline of the
licenseholder, the recommendation shall include all documentary
evidence collected by the medical director in evaluating whether or
not to make that recommendation.  The recommendation and accompanying
evidence shall be deemed in the nature of an investigative
communication and be protected by Section 6254 of the Government
Code.  In deciding what level of disciplinary action is appropriate
in the case, the authority shall consult with the medical director of
the local EMS agency.
1798.202.  (a) The director of the authority or the medical director
of the local EMS agency, after consultation with the relevant
employer, may temporarily suspend, prior to hearing, any EMT-P
license upon a determination that:  (1) the licensee has engaged in
acts or omissions that constitute grounds for revocation of the EMT-P
license; and (2) permitting the licensee to continue to engage in
the licensed activity, or permitting the licensee to continue in the
licensed activity without restriction, would present an imminent
threat to the public health or safety.  When the suspension is
initiated by the local EMS agency, subdivision (b) shall apply.  When
the suspension is initiated by the director of the authority,
subdivision (c) shall apply.
   (b) The local EMS agency shall notify the licensee that his or her
EMT-P license is suspended and shall identify the reasons therefor.
Within three working days of the initiation of the suspension by the
local EMS agency, the agency shall transmit to the authority, via
facsimile transmission or overnight mail, all documentary evidence
collected by the local EMS agency relative to the decision to
temporarily suspend.  Within two working days of receipt of the local
EMS agency's documentary evidence, the director of the authority
shall determine the need for the licensure action.  Part of that
determination shall include an evaluation of the need for continuance
of the suspension during the licensure action review process.  If
the director of the authority determines that the temporary
suspension order should not continue, the authority shall immediately
notify the licensee that the temporary suspension is lifted.  If the
director of the authority determines that the temporary suspension
order should continue, the authority shall immediately notify the
licensee of the decision to continue the temporary suspension and
shall, within 15 calendar days of receipt of the EMS agency's
documentary evidence, serve the licensee with a temporary suspension
order and accusation pursuant to Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
   (c) The director of the authority shall initiate a temporary
suspension with the filing of a temporary suspension order and
accusation pursuant to Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code and shall
notify the director of the local EMS agency, and the relevant
employer.
   (d) If the licensee files a notice of defense, the hearing shall
be held within 30 days of the authority's receipt of the notice of
defense.  The temporary suspension order shall be deemed vacated if
the authority fails to make a final determination on the merits
within 15 days after the administrative law judge renders the
proposed decision.
1798.204.  Proceedings for probation, suspension, revocation, or
denial of a certificate, or a denial of a renewal of a certificate,
under this division shall be conducted in accordance with guidelines
established by the Emergency Medical Services Authority.
1798.205.  Any alleged violations of local EMS agency transfer
protocols, guidelines, or agreements shall be evaluated by the local
EMS agency.  If the local EMS agency has concluded that a violation
has occurred, it shall take whatever corrective action it deems
appropriate within its jurisdiction, including referrals to the
district attorney under Sections 1798.206 and 1798.208 and shall
notify the State Department of Health Services if it concludes that
any violation of Sections 1317 to 1317.9a, inclusive, has occurred.
1798.206.  Any person who violates this part, the rules and
regulations adopted pursuant thereto, or county ordinances adopted
pursuant to this part governing patient transfers, is guilty of a
misdemeanor.  The Attorney General or the district attorney may
prosecute any of these misdemeanors which falls within his or her
jurisdiction.
1798.207.  (a) It is a misdemeanor for any person to knowingly and
willfully engage in conduct that subverts or attempts to subvert any
licensing or certification examination, or the administration of any
licensing or certification examination, conducted pursuant to this
division, including, but not limited to, any of the following:
   (1) Conduct that violates the security of the examination
material.
   (2) Removing from the examination room any examination materials
without authorization.
   (3) The unauthorized reproduction by any means of any portion of
the actual licensing or certification examination.
   (4) Aiding by any means the unauthorized reproduction of any
portion of the actual licensing or certification examination.
   (5) Paying or using professional or paid examination-takers, for
the purpose of reconstructing any portion of the licensing or
certification examination.
   (6) Obtaining or attempting to obtain examination questions or
other examination material from examinees or by any other method,
except by specific authorization either before, during, or after an
examination.
   (7) Using or purporting to use any examination questions or
materials that were improperly removed or taken from any examination
for the purpose of instructing or preparing any applicant for
examination.
   (8) Selling, distributing, buying, receiving, or having
unauthorized possession of any portion of a future, current, or
previously administered licensing or certification examination.
   (9) Communicating with any other examinee during the
administration of a licensing or certification examination.
   (10) Copying answers from another examinee or permitting one's
answers to be copied by another examinee.
   (11) Having in one's possession during the administration of the
licensing or certification examination any books, equipment, notes
written or printed materials, or data of any kind, other than the
examination materials distributed, or otherwise authorized to be in
one's possession during the examination.
   (12) Impersonating any examinee or having an impersonator take the
licensing or certification examination on one's behalf.
   (b) The penalties provided in this section are not exclusive
remedies and shall not preclude remedies provided pursuant to any
other provision of law.
   (c) In addition to any other penalties, a person found guilty of
violating this section shall be liable for the actual damages
sustained by the agency administering the examination not to exceed
ten thousand dollars ($10,000) and the costs of litigation.
1798.208.  Whenever any person who has engaged, or is about to
engage, in any act or practice which constitutes, or will constitute,
a violation of any provision of this division, the rules and
regulations promulgated pursuant thereto, or local EMS agency
mandated protocols, guidelines, or transfer agreements, the superior
court in and for the county wherein the acts or practices take place
or are about to take place may issue an injunction or other
appropriate order restraining the conduct on application of the
authority, the Attorney General, or the district attorney of the
county.  The proceedings under this section shall be governed by
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure, except that no undertaking shall be
required.
1798.209.  The local EMS agency may place on probation, suspend, or
revoke the approval under this division of any training program for
failure to comply with this division or any rules or regulations
adopted pursuant thereto.
1798.210.  (a) The authority may impose an administrative fine of up
to two thousand five hundred dollars ($2,500) per violation on any
licensed paramedic found to have committed any of the actions
described by subdivision (c) of Section 1798.200 that did not result
in actual harm to a patient.  Fines may not be imposed if a paramedic
has previously been disciplined by the authority for any other act
committed within the immediately preceding five-year period.
   (b) The authority shall adopt regulations establishing an
administrative fine structure, taking into account the nature and
gravity of the violation.  The administrative fine shall not be
imposed in conjunction with a suspension for the same violation, but
may be imposed in conjunction with probation for the same violation
except when the conditions of the probation require a paramedic's
personal time or expense for training, clinical observation, or
related corrective instruction.
   (c) In assessing the fine, the authority shall give due
consideration to the appropriateness of the amount of the fine with
respect to factors that include the gravity of the violation, the
good faith of the paramedic, the history of previous violations, any
discipline imposed by the paramedic's employer for the same
occurrence of that conduct, as reported pursuant to Section 1799.112,
and the totality of the discipline to be imposed.  The imposition of
the fine shall be subject to the administrative adjudication
provisions set forth in Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code.
   (d) If a paramedic does not pay the administrative fine imposed by
the authority and chooses not to renew his or her license, the
authority may enforce the order for repayment in any appropriate
court.  This right of enforcement shall be in addition to any other
rights the authority may have to require a paramedic to pay costs.
   (e) In any action for collection of an administrative fine, proof
of the authority's decision shall be conclusive proof of the validity
of the order of payment and the terms for payment.
   (f) (1) Except as provided in paragraph (2), the authority shall
not license or renew the license of any paramedic who has failed to
pay an administrative fine ordered under this section.
   (2) The authority may, in its discretion, conditionally license or
renew for a maximum of one year the license of any paramedic who
demonstrates financial hardship and who enters into a formal
agreement with the authority to reimburse the authority within that
one-year period for the unpaid fine.
   (g) All funds recovered under this section shall be deposited into
the state General Fund.
   (h) Nothing in this section shall preclude the authority from
imposing an administrative fine in any stipulated settlement.
   (i) For purposes of this section, "licensed paramedic" includes a
paramedic whose license has lapsed or has been surrendered.
1798.211.  When making a decision regarding a disciplinary action
pursuant to Section 1798.200 or Section 1798.210, the authority, and
when applicable the administrative law judge, shall give credit for
discipline imposed by the employer and for any immediate suspension
imposed by the local EMS agency for the same conduct.