§ 1797.125.09. — 1797.125.09. (Added by Stats. 2021, Ch. 463, Sec. 2.)

California § 1797.125.09.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 2.5.: DIVISION 2.5. EMERGENCY MEDICAL SERVICES
• Ch. 3.: CHAPTER 3. State Administration
• Art. 2.5.: ARTICLE 2.5. Paramedic Disciplinary Review Board

Text

(a)
(1)
An employer of a paramedic shall report to the director of the authority and the board the suspension or termination for cause of a paramedic in their employ within 72 hours of the event. The required reporting does not waive the confidentiality of medical records. The information reported or disclosed shall be kept confidential as
investigative information consistent with subdivision (d) of Section 1798.200. Except as provided in subdivision (c) of Section 1797.117, the information reported shall not be subject to discovery in civil cases.
(2)
The authority shall provide to the board information received pursuant to Section 1797.117.
(b)
(1)
The information submitted pursuant to this section that is not a public record shall be confidential, except that the licenseholder involved, or the licenseholder’s counsel or representative, may inspect and have copies made of the licenseholder’s information as long as it does not disclose the identity of an information source.
(2)
For the purposes of this section, the board may protect an information
source by providing a copy of the material with only the deletions necessary to protect the identity of the source or by providing a summary of the substance of the material. The board shall ensure that full disclosure is made to the licenseholder of any personal information that could reasonably reflect or convey anything detrimental, disparaging, or threatening to a licenseholder’s reputation, rights, benefits, privileges, or qualifications, or be used by the board to make a determination that would affect a licenseholder’s rights, benefits, privileges, or qualifications.
(3)
The licenseholder may submit an additional exculpatory or explanatory statement or other information. If a statement or information is submitted, the board shall include it in the investigatory information.
(4)
Disclosure of information that is not a public record does not change the confidential status of the information.
(c)
Failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.
(d)
For purposes of this section, “suspension or termination for cause” means suspension or termination from employment for any of the following reasons:
(1)
Use of controlled substances or alcohol to such an extent that it impairs the ability to safely practice paramedicine.
(2)
Unlawful sale of controlled substances or other prescription items.
(3)
Patient neglect, physical harm to a patient, or sexual contact with a patient.
(4)
Falsification of medical records.
(5)
Gross incompetence or negligence.
(6)
Theft from patients, other employees, or the employer.

Legislative History

Added by Stats. 2021, Ch. 463, Sec. 2. (AB 450) Effective January 1, 2022.