You asked if any state laws or regulations address a person volunteering as an emergency medical technician (EMT) who has had legal trouble in the past. You are particularly interested in misdemeanors, not felonies. You also want to know if the emergency medical services (EMS) organization for which the individual wishes to volunteer would have standards or regulations addressing this.

POSSIBLY RELEVANT STATUTES AND REGULATIONS

No state laws or regulations explicitly prohibit an EMT from volunteering his services because of prior legal difficulties. (We are presuming that the individual is already certified as an EMT. ) But a number of state laws and regulations may have some relevance. First, state regulations specify “no person engaged in the provision of emergency medical services shall commit an act which is detrimental to the safety, health or welfare of a patient or the general public “ (Public Health Code, § 19a-179-9(f)).

State regulations also provide that the Department of Public Health (DPH) cannot issue a certificate to a person applying for certification as an EMT “against whom a complaint is pending adjudication in another state or with DPH” (Code § 19a-179-16a(b)(3)).

The DPH commissioner, after a hearing, can issue a written reprimand to, or suspend or revoke a license or certificate of, any EMS provider, or can temporarily or permanently suspend from practice any provider when he finds that (1) there has been a substantial failure to comply with the requirements of the statutes and regulations or (2) the provider has failed t maintain the standards of the emergency medical services profession (Code § 19a-179-15(a)).

By law, DPH has the power to determine the eligibility of applicants for EMS-related licensure or certification based upon compliance with applicable statutes and regulations. DPH can deny an applicant’s eligibility for a license or certificate or issue one pursuant to a consent order with conditions that the applicant must meet if the department determines that he:

1. has failed to comply with the general statutes and regulations governing the profession;

2. has been found guilty or convicted because of an act constituting a felony under Connecticut law, federal law, or the laws of another jurisdiction;

3. is or has been subject to disciplinary action or an unresolved complaint before the authorized professional disciplinary agency of any state, U. S. possession or territory, or foreign jurisdiction;

4. has committed an act, which if the person was licensed, would not conform to the accepted standards of practice of the profession such as incompetence, negligence, fraud or deceit; illegal conduct; or obtaining a certificate by fraud or deceit; or

5. has a condition which would interfere with the practice of his profession (CGS §§ 19a-14(a)(6) and 19a-14(c)(23)).

EMS ORGANIZATIONS

According to the Office of Emergency Medical Services (OEMS) in DPH, the EMS organization for which the EMT wishes to volunteer his services may conduct a background check on its own. It could decide not to let the individual work for the organization because of previous legal difficulties.

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