M E M O R A N D U M

August 12, 1998

TO: San Luis Obispo County EMS Providers

EMT Training Programs

Potential EMT Initial and Refresher Students

FROM: Thomas G. Lynch, EMT-P, BSBA

Executive Director

RE: EMT Student Determination of Certification Eligibility

The San Luis Obispo County EMS Agency encourages individuals to pursue careers as EMTs. However, the background of some individuals prevents them from being certified by the EMS Agency. In order to avoid an applicant the embarrassment of being denied certification after spending a great deal of personal time and money in obtaining their EMT training, the EMS Agency has established guidelines to assist the applicant in determining if he/she would qualify for an EMT certificate. Please note, the following are guidelines only. The EMS Agency Medical Director will give each application careful consideration on a case-by-case basis. The Medical Director reserves the right to send any cases involving current EMT certificate holders directly to an Investigative Review Panel for their independent input prior to making a determination of continued eligibility for certification.

The California Health and Safety Code Section 1798.200 allows the EMS Agency Medical Director to deny issuing an EMT certificate, or issue a certificate with probationary terms attached, if one or more of the following applies:

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 certified copy of the record shall be conclusive evidence of such 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 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 or 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.

In addition to other State requirements, all initial EMT applicants must successfully pass the San Luis Obispo County EMT certification exam (written and skills) in order to become a certified California EMT.

If an applicant believes he/she may be disqualified by the EMS Agency because of Health and Safety Code Section 1798.200, the applicant should contact the EMS Agency prior to starting EMT initial or refresher training to obtain clarity in whether an EMT certificate would be issued upon successful completion of EMT initial or refresher training and testing.

In order to assist the applicant, the EMS Agency Medical Director will consider the following guidelines in making a determination.

Denial is indicated for the following situations:

• The applicant is required under Section 290 of the Penal Code to register as a sex offender for any offense involving force, duress, threat, or intimidation.
• The applicant is required by law to register as an offender for any criminal offense.
• The applicant habitually or excessively uses or is addicted to narcotics, dangerous drugs, or alcohol, or has been convicted during the preceding seven years of any offense relating to the sale, use, possession, or transportation of narcotics or addictive or dangerous drugs.
• The applicant has been convicted during the preceding seven years of any offense punishable as a felony, including but not limited to situations involving force, violence, threat, or intimidation, or has been convicted of theft during that period.

Probation for one year is indicated for applicants with a single misdemeanor, except those situations listed above, within the last seven years who answer truthfully on the EMS Agency certification application.

Probation for two years is indicated for:

• Applicants with two misdemeanors within the last seven years, except those situations listed above.
• Applicants who deny convictions on the EMS Agency certification application that are later determined to exist or knowingly falsifies or fails to disclose a material fact on the application and would otherwise be eligible for certification with or without probation.

Applicants with three or more misdemeanors shall be referred to the EMS Agency Investigative Review Panel for a determination of eligibility.

All applicants offered certification with probation shall be required to enter into a contract with the EMS Agency that clearly defines the parameters of probation.
If applicants have any concerns regarding their ability to meet the minimum qualifications as outlined by this memo, they should contact the EMS Agency via telephone for consultation and informal review. The applicant may be requested to provide additional written details to the EMS Agency Medical Director as part of this process. Full disclosure to the EMS Agency is crucial. Upon the completion of the review, the EMS Agency will advise the applicant via letter of its position. A formal review consisting of a Department of Justice criminal background check will not be conducted until the applicant has applied for an EMT certificate. If the EMS Agency Medical Director discovers discrepancies in the formal background check that were not disclosed during the informal process, the EMS Agency reserves the right to deny issuing an EMT certificate as outlined in Health and Safety Code Section 1798.200.

Inquiries should be directed to (805) 546-8728, extension 1.

Thank you.