Discipline Terminology

Discipline Terminology

Accusation:
An Accusation is a legal document formally charging a registered nurse with a violation(s) of the Nursing Practice Act, and notifying the public that a disciplinary action is pending against that nurse.

Convicted of a crime substantially related to the qualifications, functions, and duties of an EMT:
Can apply to such crimes as embezzlement, child abuse, spousal abuse, battery, theft from a patient or client, or failure to report abuse. This list is for illustration only and is not all-inclusive of the acts for which the LEMSA may discipline an EMT's certificate.

Default Decision:
A decision based on the EMT's failure to provide a notice of defense after an accusation has been served, or failure to be present at an Administrative Hearing. All charges are deemed true, and the default decision normally results in a revocation of the EMT's Certificate.

Effective (date):
Indicates the date the disciplinary action goes into operation.

Gross Negligence:
An extreme departure from the standard of practice for EMTs. An extreme departure means the repeated failure to provide the required nursing care or failure to provide care or exercise precaution in a single situation which the nurse knew, or should have known, could result in patient harm.

Incompetence:
Lack of knowledge or skill in discharging professional obligations as an EMT.

Interim Suspension Order:
A license is suspended by an Administrative Law Judge due to the seriousness of the allegations in advance of the filing of an accusation and pending a final determination of the licensee's fitness to practice and provide EMT care.

License Denied:
The LEMSA denied an initial license application.

Order to Issue Conditional License:
The LEMSA grants an initial license application. Once Certified, the applicant is placed on probation, and must be monitored by the OCEMS for a set period of time.

PC 23:
Under California Penal Code Section 23, during a criminal proceeding, a judge may order that a licensee be suspended from practice as an EMT, or restricted in how he or she may practice.

Petition to Revoke Probation Filed:
The LEMSA is filing charges to revoke a certificates probation for violating the terms and conditions of his or her probation.

Probation:
Allows the certificate to practice as an EMT under certain restrictions for a set period of time.

Proposed Decision:
A decision rendered by an Administrative Law Judge through an Administrative Hearing. A proposed decision has to be adopted by the EMS Medical Director before it can go into effect. The EMS Medical Director may adopt or reject a Proposed Decision, or discuss it further before making a final decision.

Public Reproval/Reprimand:
The LEMSA issued a letter of reproval/reprimand for a minor violation, with no restrictions on the license.

Revocation stayed, Probation:
The LEMSA revoked an EMT certificate, stayed (i.e. temporarily set aside) the revocation, and allowed the licensee to practice as an EMT with a restricted license under terms and conditions of probation. While on probation, the EMT must be monitored by the Board for a set period of time.

Revocation Stayed, Suspension, Probation:
The LEMSA revokes a certificate. However, the revocation is "stayed" or temporarily set aside, pending successful completion of probation. If the certified EMT violates probation, the LEMSA may lift the "stay" and revoke the license.

Revoked/Surrendered License:
The LEMSA revoked the certificate and the individual no longer has the right to practice as an EMT or to use the title.

Statement of Issues:
A Statement of Issues is a legal document, formally charging an applicant for initial certification, with a violation(s), and notifying the public that a disciplinary action is pending against the applicant.

Stayed:
The LEMSA has temporarily set aside an order with the understanding that that the order will take effect if the licensee fails to fulfills certain conditions or if the licensee once again violates.

Stipulated Agreement:
A licensee facing disciplinary action by the LEMSA may negotiate a settlement or "stipulated agreement." The stipulated agreement is similar to an out-of court settlement in civil suits. The Stipulated Settlement Agreement must be approved by the OCEMS Medical Director.

Supplemental/Amended Accusation Filed:
Additional information or amendments have been made to a previously filed accusation.

Suspension:
The LEMSA has ordered the licensee not to practice as an EMT for a set or indefinite period of time. Suspensions may be imposed in disciplinary actions, prior to a probation term, or may be imposed as the result of a violation of probation.

Voluntary Surrender:
The licensee has surrendered the license as a resolution to a disciplinary matter. The individual can no longer practice as an EMT in California.