California EMT Oversight Changes Now in Governor`s Hands

Sep. 13--Under a bill awaiting the governor's signature, local emergency medical service agencies would lose much of their authority to revoke the licenses of emergency medical technicians for negligence or misconduct.

Assembly Bill 2554 would give fire departments and other public agencies the primary authority to discipline their EMTs if needed. The local EMS agencies still would oversee EMTs who work for private ambulance companies.

The legislation's opponents said it would make it harder to take action to protect patients against incompetent or negligent emergency personnel.

"The problem is that the fire departments may not have medical personnel to evaluate the violations that have occurred," said Dr. David Ghilarducci, president of the Emergency Medical Directors Association of California. The association is urging Gov. Schwarzenegger to veto the legislation.

"We think the best way to do this is with a third-party physician," Ghilarducci said. "We don't know of any purpose that is served by excluding a physician from the quality assurance process."

A variety of agencies can issue EMT certificates to people who complete the required training. The technicians are dispatched to car crashes and other medical emergencies, assess patient injuries and give first aid or basic life support to patients.

Local EMS agencies, which regulate emergency medical response in their respective counties, have medical directors who review the conduct of EMTs. They can suspend or revoke an EMT's license for acts of fraud, gross negligence, incompetence, criminal convictions or physical abuse of patients.

No opposition from lawmakers

AB 2554, written by Assemblyman Mark Ridley-Thomas, D-Los Angeles, and co-authored by Assemblyman Greg Aghazarian, R-Stockton, sailed through the Senate and Assembly without a single "no" vote in August. It was sponsored by California Professional Firefighters.

Carroll Wills, spokesman for the organization, said it sponsored the bill because firefighters who are trained as EMTs are subject to duplicated punishment under current law.

"The fire departments are the most accountable and the most appropriate agency to handle the discipline because they are the most visible to the public," Wills said.

Gail Delihant, capitol director for Aghazarian, said the lawmaker put his name on the bill because "it did not make sense for two separate entities to discipline a person for the same infraction."

The bill's opponents contend it would place a financial burden on counties by giving disciplined employees the right to hearings before an administrative law judge. The opponents include the Emergency Medical Services Administrators Association and Emergency Medical Directors Association of California.

Ghilarducci noted that state medical boards oversee physicians, paramedics, nurses and dentists, but, under AB 2554, fire department and public agency EMTs would become the only health providers whose conduct is not subject to review by medical professionals.

Nine EMTs disciplined this year

Dan Burch, administrator of the San Joaquin County EMS Agency, said the agency has taken action against nine EMTs in the past year.

Eight are on probation because of convictions for off-duty misdemeanors, such as driving while intoxicated or being drunk in public. One certificate was revoked because the EMT had a felony sex offense conviction.

"The county has not taken an official position on the bill," Burch said this week. "But the county has opposed anything that takes away from the county's authority to administer the emergency health system."

Steve Andriese, executive director of the Mountain Valley EMS Agency, which includes Stanislaus and four mountain counties, said the agency disciplines a few EMTs a year. He said EMS agencies need a more effective way to check the background of personnel who relocate from other areas of the state.

Mountain Valley relies on other agencies to disclose if an applicant has prior disciplinary actions, he said.

Bee staff writer Ken Carlson canbe reached at 578-2321 or .

Copyright (c) 2006, The Modesto Bee, Calif. Distributed by McClatchy-Tribune Business News. For reprints, email , call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.

News stories provided by third parties are not edited by "Site Publication" staff. For suggestions and comments, please click the Contact link at the bottom of this page.