QUESTION: Are there any previous arrests, convictions, or criminal history that would prevent a person from obtaining an EMS license?
ANSWER: OHA EMS cannot give an official determination on an applicant’s eligibility for EMS licensure until that person applies for a license and completes an FBI-based fingerprint background check. Each application and previous criminal history is reviewed individually, factoring in the nature of the crime, time since the arrest or conviction, and any aggravating or mitigating circumstances. To assist OHA EMS in making its determination, an applicant with a previous conviction(s) should submit the following documents with their application:
- Certified copies of court-sentencing documents and conditions of probation, if applicable.
- The date of the offense, as well as the county and state where the crime occurred, if not readily apparent from sentencing documents.
- Certified copies of court records that document the applicant's completion of any court-ordered sentencing including parole, probation, restitution, and education. If an evaluation was done pursuant to court order, then the results of the evaluation must be provided.
OHA EMS staff will review the application, taking into account the following:
- The extent of criminal history and the seriousness of the crime(s).
- The nexus of the crimes as they relate to EMS, public safety, and the ability or fitness required to perform the duties of an EMS provider.
- Evidence of rehabilitation, including completion of court ordered or voluntary treatment or counseling programs. It is the obligation of the applicant to provide evidence for consideration.
- Length of time elapsed since the last criminal activity.
- Age of the applicant at the time the crime(s) was committed.
- Any aggravating or mitigating circumstances.
- Misrepresentation of facts or omission of information on an application or during an investigation may be grounds for a disciplinary/administrative action, which could include denial.
The following are examples of crimes which may result in denial or revocation of licensure as specified in ORS 163 – Offenses Against Persons (where applicable):
- Sexual Misconduct or Harassment
- Rape
- Felony Drug Crimes
- Burglary
- Kidnapping
- Assault
- Robbery
- Theft
- Murder
- Menacing
- Elder or Child Abuse
QUESTION: Criminal history has been reported on an initial application, what can an applicant expect as part of the review process?
ANSWER: Based on the nature of the crime(s), time elapsed since the arrest(s), number of arrests and convictions, and documentation provided by the applicant, the application will be reviewed by the OHA EMS Professional Standards Unit (PSU). An investigator from the PSU will reach out to applicants when a determination on licensure cannot be made and more information is needed. This can occur via email, phone call or through an official interview. Most investigations related to application for licensure can be completed by the PSU, but occasionally an applicant will be invited to come before the OHA EMS Subcommittee on Licensure and Discipline. Any administrative actions other than approval of the application will be communicated with the applicant, affording them administrative hearing rights under the Administrative Procedures Act - ORS 183.
QUESTION: Do currently licensed EMS providers with the Oregon Health Authority Emergency Medical Services & Trauma Systems (OHA EMS) who are arrested or convicted of a crime, need to report this to OHA EMS?
ANSWER: EMS providers are responsible for notifying the OHA EMS per OAR 333-265-0080 within 10 calendar days of:
- Conviction of a misdemeanor or felony
- A felony arrest
Other matters that must be reported to OHA EMS within 10 calendar days:
- Any EMS provider who has reasonable cause to believe another EMS provider has engaged in prohibited, dishonorable or unprofessional conduct as defined in ORS 676.150
- A disciplinary restriction placed on a scope of practice of the license holder by the EMS medical director
- A legal action being filed against the license holder alleging medical malpractice or misconduct
- A physical disability that affects the ability of the license holder to meet the applicable Functional Job Analysis of the National Standard Curriculum and the license holder continues to respond to calls and is providing patient care
- A change in mental health which may affect a license holder’s ability to perform as a licensed EMS provider
- If a Transitional Paramedic, separation of employment from the sponsoring licensed ambulance service
All matters listed above are to be reported via a Reportable Actions Form, available to each EMS provider in their eLicense account, under applications or through the OHA EMS Complaint Form.
QUESTION: What administrative/disciplinary actions are possible at the outcome of an investigation for an applicant or licensee?
ANSWER: OHA EMS may:
- Close a case with no action
- Letter of reprimand
- Civil penalty
- Probation
- Suspension
- Revocation
- Denial
If an administrative action is proposed or imposed, OHA EMS follows the Administrative Procedures Act, affording them the right to request a hearing and the opportunity to have their case reviewed by an administrative law judge.
Once an administrative action becomes a final order, it is a public record and reported to the National Practitioner Data Bank (NPDB).