California Health and Safety Code 1799.112 – (a) EMT-P employers shall report in writing to the local EMS …
(a) EMT-P employers shall report in writing to the local EMS agency medical director and the authority and provide all supporting documentation within 30 days of whenever any of the following actions are taken:
(1) An EMT-P is terminated or suspended for disciplinary cause or reason.
Terms Used In California Health and Safety Code 1799.112
- Director: means "State Director of Health Services. See California Health and Safety Code 21
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) An EMT-P resigns following notice of an impending investigation based upon evidence indicating disciplinary cause or reason.
(3) An EMT-P is removed from paramedic duties for disciplinary cause or reason following the completion of an internal investigation.
(b) The reporting requirements of subdivision (a) do not require or authorize the release of information or records of an EMT-P who is also a peace officer protected by § 832.7 of the Penal Code.
(c) For purposes of this section, “disciplinary cause or reason” means only an action that is substantially related to the qualifications, functions, and duties of a paramedic and is considered evidence of a threat to the public health and safety as identified in subdivision (c) of Section 1798.200.
(d) Pursuant to subdivision (i) of § 1798.24 of the Civil Code, upon notification to the paramedic, the authority may share the results of its investigation into a paramedic’s misconduct with the paramedic’s employer, prospective employer when requested in writing as part of a preemployment background check, and the local EMS agency.
(e) The information reported or disclosed in this section shall be deemed in the nature of an investigative communication and is exempt from disclosure as a public record by Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code.
(f) A paramedic applicant or licensee to whom the information pertains may view the contents, as set forth in subdivision (a) of § 1798.24 of the Civil Code, of a closed investigation file upon request during the regular business hours of the authority.
(Amended by Stats. 2021, Ch. 615, Sec. 239. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)