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Many professions require licensed individuals in that profession to report to a licensing division or authority when the person is charged with a criminal offense, particularly DUIs, violent crimes (such as assault or domestic violence), drug crimes (such as controlled substance distribution), financial crimes (such as fraud), or property crimes (such as theft). Here are the reporting requirements for Emergency Medical Services personnel:
(2) Certified EMS personnel must notify the Department of any arrest, charge, or conviction within seven days of the arrest, charge or conviction. If the person works for a licensed or designated EMS agency, the agency is also responsible to inform the Bureau of the arrest, charge or conviction.
(b) Except in extraordinary circumstances, established by clear and convincing evidence that certification or recertification will not jeopardize public health and safety, the Department shall deny applicants for certification or recertification in the following categories:
(i) persons who are convicted of any crime not listed in (a) and who are currently incarcerated, on work release, on probation or on parole;
(ii) conviction of crimes in the following categories, unless at least three years have passed since the conviction or at least three years have passed since release from custodial confinement, whichever occurs later:
(A) crimes of violence against persons, such as assault;
(B) crimes defined as domestic violence under Section 77-36-1;
(C) crimes involving controlled substances or synthetics, or counterfeit drugs, including unlawful possession or distribution, or intent to distribute unlawfully, Schedule I through V drugs as defined by the Uniform Controlled Dangerous Substances Act; and
(D) crimes against property, such as grand larceny, burglary, embezzlement or insurance fraud.
(c) The Department may deny certification or recertification to individuals convicted of crimes, including DUIs, but not including minor traffic violations chargeable as infractions after consideration of the following factors:
(i) the seriousness of the crime;
(ii) whether the crime relates directly to the skills of pre-hospital care service and the delivery of patient care;
(iii) the amount of time that has elapsed since the crime was committed;
(iv) whether the crime involved violence to or abuse of another person;
(v) whether the crime involved a minor or a person of diminished capacity as a victim;
(vi) whether the applicant’s actions and conduct since the crime occurred are consistent with the holding of a position of public trust;
(vii) the total number of arrests and convictions; and
(viii) whether the applicant was truthful regarding the crime on his or her application.
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