Convicted Felon Certified As EMT

[RescueKujo 130]

SAN DIEGO -- You depend on them when there’s a crisis; Emergency Medical Technicians or EMTs.

They can make the difference between life and death. Two year old Hailey Williams needed an EMT when her life was cut short in a shocking death. The little girl with Down syndrome died at the hands of her mother’s fiancé, Jesse Thrush, a sheriff’s deputy in Twin Falls County Idaho at the time.

“Thrush had in fact shaken Hailey Williams and thrown her on a bed and after hitting the bed she fell on the floor,” said a Twin Falls Police Captain during a press conference in 1999.

Thrush pleaded guilty to voluntary manslaughter. He could have served six years in prison, but was paroled after nine months. Thrush moved to Escondido and the I-Team learned the ex -sheriff’s deputy found a new profession, as an EMT. He was certified last March.

KGTV Story-Convicted Felon Certified as EMT

[ny10570 745]

It happens all the time. While thats a particularly brutal crime, I've worked with a convicted felon in the city and have seen plenty of people have to submit to regular piss tests because of the stip they were hired on. It happens in the military, pd, fire, and ems.

[Goose 188]

It happens all the time. While thats a particularly brutal crime, I've worked with a convicted felon in the city and have seen plenty of people have to submit to regular piss tests because of the stip they were hired on. It happens in the military, pd, fire, and ems.

Sad, but very true.

As far as NY...not sure exactly how the DOH goes about dealing with checking up on certified personnel.

[helicopper 1,050]

Sad, but very true.

As far as NY...not sure exactly how the DOH goes about dealing with checking up on certified personnel.

There's a straight forward procedure for it. I worked with at least one person seeking certification who had to go through this process and they were successful. It is time consuming and requires a little bit of leg work but if you want to be an EMT or medic, you can work through it...

Certification for Individuals with Criminal Convictions

Bureau of EMS Policy Statement

Policy Statement # 02-02

Date 05/01/02

Subject Re: Certification for

Individuals with

Criminal Convictions

Supercedes/Updates 00-12

Purpose

This policy describes the process for the review of criminal convictions for candidates seeking EMS certification. In addition, it describes the responsibilities for the candidate, the certified instructor coordinator (CIC) and the Department.

Applications for Original Certification or Recertification

In accordance with the provisions of the State Emergency Medical Services (EMS) Code - Part 800; candidates for EMS certification or recertification must not have been convicted of certain misdemeanors or felonies. The Department of Health (DOH) will review all criminal convictions from any federal, military or state jurisdiction to determine if such convictions fall within the scope of those specified in Part 800, or represent a potential risk or danger to patients or the public at large.

The regulation does not prevent a candidate with a criminal conviction from attending and completing all of the requirements of an EMS course. However, it may prevent the candidates from becoming certified in New York State until DOH has reviewed the circumstances of the conviction(s) and made a determination that the candidate does not demonstrate a risk or danger to patients. If DOH makes such a determination, the candidate will be eligible to take the NYS practical and written certification examinations, if otherwise qualified. All candidates should be fully informed of these requirements by the CIC at the beginning of the course.

Candidates will not be permitted to take the NYS practical or written certification examination until the background review and investigation is completed and a determination is made.

The Certification Application

All candidates applying for NYS EMS certification at any level must complete the Application for Emergency Medical Services Certification (DOH-65). The application contains an affirmation that the candidate must sign. Under no circumstances should a candidate sign this application if he or she has a criminal conviction of any type.

The CIC must identify all unsigned applications and send them with the course memorandum and all other applications to DOH immediately after the second class session. The CIC should include a memo or note identifying each unsigned application to DOH. The candidate(s) will be listed on the class list but will not be issued an examination ticket until cleared in writing by DOH. In an effort to permit a timely review and determination, the candidate must provide the DOH with all the required documentation within 30 days of the initial DOH contact.

There is no need for the applicant to contact the Bureau of EMS (BEMS) directly. Upon the Bureaus' receipt and processing of the unsigned application, the candidate will be sent a package of information outlining the investigative process and the required information to be supplied.

DOH will discuss issues related to criminal convictions ONLY with the candidate or their legal representative. There is no requirement or need for the candidate to divulge or discuss the circumstances of any conviction(s) with the CIC.

The Review Process

All candidates entered in the review process will need to provide the following written documentation concerning all convictions. This information will be sent directly to the DOH investigator:

A notarized sworn affidavit stating that the candidate has not had any conviction (s) for a crime or crimes other than the one(s) identified.

If the candidate is recertifying and has signed previous certification applications, he/she must provide an explanation as to why they signed these applications.

A signed and dated statement describing why they are seeking EMS certification.

A signed and dated narrative description of the circumstances leading to each conviction.

An original or certified copy of the plea and sentence minutes, certificate of disposition and the pre-sentencing report (if available) from the court (The Certificate of Relief from Disabilities does not fulfill this documentation requirement). If any of these items are not available, an original letter from the court must be supplied attesting to this.

A letter from the candidate's probation/parole officer (if applicable) documenting compliance with their probation/parole. A copy of the final probation/parole report should also be included.

If the candidate's conviction was related to alcohol, drugs, or sexual abuse, a letter or report from the organization or individual who provided any psychological counseling and/or therapy is required. The letter or report should indicate if therapy is ongoing or if it has been completed and whether or not it was successful.

The candidate is required to submit letters from the administration of each EMS agency they are affiliated with. These letters must be on official letterhead and presented to the DOH EMS investigator in a sealed and signed envelope. These letters must describe any involvement in EMS or other health care settings and an awareness of the conviction(s).

The candidate may submit other letters of recommendation from current employers, health care professionals, or other community leaders who know the candidate and can attest to their current behavior. These letters must also be presented to the DOH EMS investigator in a sealed and signed envelope.

Each candidate will have a personal interview with an EMS investigator from the regional office only after all the documentation requirements have been met.

Upon completion of the investigation and review, the candidate will be notified in writing of the DOH's decision.

While the investigation is ongoing, a candidate may attend all classes. The applicant will be prevented from taking the final practical and final written certification examination until all course requirements are completed and a determination is made in writing by DOH about their specific conviction(s).

Candidates possessing current NYS EMS certification will be afforded a hearing in accordance with the provisions of Section 12-a of the Public Health Law if the Department seeks suspension, revocation or any other action.

Issued and Authorized by:

Edward G. Wronski, Director

Bureau of Emergency Medical Services

http://www.health.state.ny.us/nysdoh/ems/policy/02-02.htm

[Goose 188]

I was referring to wether or not the DOH spot checks - on their own accord - certified providers during the 3 year life of their certification.

Edited May 29, 2009 by Goose

[Guest Keith00923]

It happens all the time. While thats a particularly brutal crime, I've worked with a convicted felon in the city and have seen plenty of people have to submit to regular piss tests because of the stip they were hired on. It happens in the military, pd, fire, and ems.

i can see how a piss test would help with a drug related crime but how would it help if the person was charged with a crime like rape?

[Guest MVFD334]

Why are so many people against having ex-criminals as EMS workers? Im not talkin about repeat offenders either.. Because someone has a past must they automaticaly be disqualified? Cause I know way to many leo, fire, ems that had very checkered pasts but perform well with their jobs now.

[ny10570 745]

i can see how a piss test would help with a drug related crime but how would it help if the person was charged with a crime like rape?

I'm sure a rape conviction would not require piss testing. The particular stipulations that result in regular piss testing are a result of drug or alcohol offense ie: paraphernalia, possession, DUI, DWAI, DWI, etc. Non-distribution and non-violent offenses are often able to be worked around.

[pd125 0]

I'm sure a rape conviction would not require piss testing. The particular stipulations that result in regular piss testing are a result of drug or alcohol offense ie: paraphernalia, possession, DUI, DWAI, DWI, etc. Non-distribution and non-violent offenses are often able to be worked around.

I have been around people who have been convicted for DWI,drugs and for perjury. DOH did follow up on these people, but they all self reported to the DOH. I have read newspaper article on an EMT in the Albany that did time for manslaughter. Would I like a thief or stoner for a partner? Hard question to answer.

Edited June 24, 2009 by pd125

[KC2OBW 1]

I don't know, some people deserve a second chance (depending on what their conviction was), maybe they are looking to turn their life around and do positive things instead of negative things. Maybe that stoner OD'd one day and the EMT's and Medics go them quick and maybe that impacted their life. They deserve a chance, if they mess it up then bye bye certification..

[ckroll 101]

Each case should be judged on its merits, or lack thereof. I believe that is what NY does. If time has been served, I see no reason why EMS should not be a career option... with adequate supervision. I'd be queasy about stalkers, serial killers and foot fetishes.