§ 100214.3. Denial or Revocation of a Certificate.
22 CA ADC § 100214.3BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 9. Prehospital Emergency Medical Services
Chapter 6. Process for EMT and Advanced EMT Disciplinary Action
Article 4. Determination and Notification of Action
22 CCR § 100214.3
§ 100214.3. Denial or Revocation of a Certificate.
(a) A certifying entity, that is not a LEMSA, shall advise a certification or recertification applicant whose conduct indicates a potential for disciplinary cause, based on an investigation by the certifying entity prompted by a DOJ and/or FBI CORI, pursuant to Section 100210(a) of this Chapter, to apply to a LEMSA for certification or recertification.
(b) The medical director may deny or revoke any EMT or Advanced EMT certificate for disciplinary cause that have been investigated and verified by application of this Chapter.
(c) The medical director shall deny or revoke an EMT or Advanced EMT certificate if any of the following apply to the applicant:
(1) Has committed any sexually related offense specified under Section 290 of the Penal Code.
(2) Has been convicted of murder, attempted murder, or murder for hire.
(3) Has been convicted of two (2) or more felonies.
(4) Is on parole or probation for any felony.
(5) Has been convicted and released from incarceration for said offense during the preceding fifteen (15) years for the crime of manslaughter or involuntary manslaughter.
(6) Has been convicted and released from incarceration for said offense during the preceding ten (10) years for any offense punishable as a felony.
(7) Has been convicted of two (2) or more misdemeanors within the preceding five (5) years for any offense relating to the use, sale, possession, or transportation of narcotics or addictive or dangerous drugs.
(8) Has been convicted of two (2) or more misdemeanors within the preceding five (5) years for any offense relating to force, threat, violence, or intimidation.
(9) Has been convicted within the preceding five (5) years of any theft related misdemeanor.
(d) The medical director may deny or revoke an EMT or Advanced EMT certificate if any of the following apply to the applicant:
(1) Has committed any act involving fraud or intentional dishonesty for personal gain within the preceding seven (7) years.
(2) Is required to register pursuant to Section 11590 of the Health and Safety Code.
(e) Subsection (a) and (b) shall not apply to convictions that have been pardoned by the Governor, and shall only apply to convictions where the applicant/certificate holder was prosecuted as an adult. Equivalent convictions from other states shall apply to the type of offenses listed in (c) and (d). As used in this Section, “felony” or “offense punishable as a felony” refers to an offense for which the law prescribes imprisonment in the state prison as either an alternative or the sole penalty, regardless of the sentence the particular defendant received.
(f) This Section shall not apply to those EMT's, or EMT-IIs who obtain their California certificate prior to the effective date of this Section; unless:
(1) The certificate holder is convicted of any misdemeanor or felony after the effective date of this Section.
(2) The certificate holder committed any sexually related offense specified under Section 290 of the Penal Code.
(3) The certificate holder failed to disclose to the certifying entity any prior convictions when completing his/her application for initial EMT or Advanced EMT certification or certification renewal.
(g) Nothing in this Section shall negate an individual's right to appeal a denial of an EMT or Advanced EMT certificate pursuant to this Chapter.
(h) Certification action by a medical director shall be valid statewide and honored by all certifying entities for a period of at least twelve (12) months from the effective date of the certification action. An EMT or Advanced EMT whose application was denied or an EMT or Advanced EMT whose certification was revoked by a medical director shall not be eligible for EMT or Advanced EMT application by any other certifying entity for a period of at least twelve (12) months from the effective date of the certification action. EMT's or Advanced EMT's whose certification is placed on probation must complete their probationary requirements with the LEMSA that imposed the probation.
Note: Authority cited: Sections 1797.107, 1797.176, 1797.184 and 1798.204, Health and Safety Code; and Section 11522, Government Code. Reference: Sections 1797.61, 1797.62, 1797.118, 1797.176, 1797.202, 1797.216, 1797.220, 1798, 1798.200 and 1798.204, Health and Safety Code.
1. Renumbering of former section 1000216 to new section 1000214.3, including amendment of section and N ote, filed 5-18-2010; operative 6-17-2010 (Register 2010, No. 21).
This database is current through 1/3/20 Register 2020, No. 1
22 CCR § 100214.3, 22 CA ADC § 100214.3
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