Section 1798.202 Of Chapter 7. Penalties From California Health And Safety Code >> Division 2.5. >> Chapter 7.
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.