EMT Background Investigation FAQ
This document is intended to provide answers to some commonly asked questions regarding the criminal history background checks that are required by the State of California for all EMT certification and recertification applicants as of July 1, 2010. While this information is generally relevant for any applicant for California EMT certification, questions regarding individual cases should be directed to the Local EMS Agency having juristiction in the applicant's area. A list of Local EMS Agencies is located on the California EMS Authority website. Coastal Valleys EMS Agency has juristiction only over the counties of Mendocino and Sonoma, and will not comment or speculate on other LEMSAs certification policies.
What has changed?
The general education/training requirements for EMT certification and recertification have not changed. However, under State regulations effective July 1, 2010, all EMT applicants must complete a criminal history background check to determine eligibility for certification. Some EMTs may be exempt from this requirement if they meet a "grandfathering" provision in the regulations.
Who is eligible for grandfathering?
The provision for "grandfathering" is available to EMTs that are actively certified prior to July 1, 2010, if the requirements outlined below are completed and the employer submitted the request to the EMS Agency prior to June 30, 2010 in the format specified by the California EMS Authority. EMTs who are certified after June 30, 2010 or do not meet the requirements below must pass a background investigation through the EMS Agency.
What are the requirements for grandfathering?
The EMT's employing agency must have previously conducted a California Department of Justice (DOJ)-level criminal background check AND must be actively receiving subsequent arrest notifications from the DOJ on the currently certified EMT. Additionally, there can be nothing in the criminal background or subsequent arrest information that would preclude that individual from being certified as an EMT pursuant to Title 22 Section 100214.3 (c) & (d).
Will EMTs who have been "grandfathered" need to have another criminal history check done in the future?
As long as the EMT continues to be employed with the same agency under which the grandfathering was granted and that agency continues to receive the subsequent arrest notifications, the EMT will not be required to have another criminal history background check done. However, an EMT who leaves employment with the agency under which they were grandfathered will no longer meet the requirements for being followed with subsequent arrest notifications and therefore will be required to complete the criminal history background check through the EMS Agency the next time they apply for recertification.
What is the new background check requirement for certification?
All EMT applicants are required to complete a criminal history background check in the first certification or recertification cycle unless that EMT has been grandfathered as outlined above.
If I was not "grandfathered", will the criminal history background check be a "one-time" requirement or will I need to repeat it again in the future?
As long as you remain actively certified under the same EMS agency, you will not be required to repeat the background check process (see note above regarding "grandfathered" personnel). You may be required to have another criminal history background check performed if you change local EMS agency jurisdictions (example - moved from San Diego County to Sonoma County). This is due to the fact that the other local EMS agency will stop receiving the subsequent arrest notifications once you are not operating within their system. Therefore, the EMS agency in the new jurisdiction will need to have you "LiveScanned" under their DOJ number so they will begin receiving the subsequent arrest notifications.
What is the process for having the criminal history background check completed?
EMT applicants must complete a DOJ "Request for Live Scan Service" form (pdf). The form is available on the EMS Agency website (pdf). You must use this specific form since it contains the EMS Agency's unique ORI number. This ORI number informs the DOJ where the background information will be sent. Failure to use the correct form may result in having to repeat the Live Scan process and pay additional associated fees.
What previous history would disqualify me from EMT certification?
California Code of Regulations (CCR) Title 22 Section 100214.3 (c) & (d) clearly defines disqualifying criminal history. Applicants are encouraged to review CCR Title 22, Division 9, Chapter 6 for a complete understanding of California EMT disciplinary regulations.
As a Local EMS Agency (LEMSA) and certifying entity, Coastal Valleys EMS Agency must adhere to the relevant State of California regulations governing the certification of EMTs. Part of the certification process entails a complete criminal history background check through the California Department of Justice and FBI. Applicant conviction and incarceration history must be reviewed and evaluated for certification eligibility based on state standards prior to certification. The following excerpts from the California Code of Regulations (CCR) Title 22.Social Security Division 9 (Prehospital Emergency Medical Services Chapter 6, Process for EMT and Advanced EMT Disciplinary Action) deal with this issue.
Section 100214.3 details those criminal convictions for which the EMS Agency must deny (or revoke) EMT certification. The section language requires the Local EMS Agency Medical Director act in accordance with the regulations as stated. The EMS Agency cannot certify individuals with criminal history consistent with the section.
§ 100214.3. Denial or Revocation of a Certificate.
(a) A certifying entity, that is not a LEMSA, shall advise a certification or recertification applicant whose conduct indicates a potential for disciplinary cause, based on an investigation by the certifying entity prompted by a DOJ and/or FBI CORI, pursuant to Section 100210(a) of this Chapter, to apply to a LEMSA for certification or recertification.
(b) The medical director may deny or revoke any EMT or Advanced EMT certificate for disciplinary cause that have been investigated and verified by application of this Chapter.
(c) The medical director shall deny or revoke an EMT or Advanced EMT certificate if any of the following apply to the applicant:
(1) Has committed any sexually related offense specified under Section 290 of the Penal Code.
(2) Has been convicted of murder, attempted murder, or murder for hire.
(3) Has been convicted of two (2) or more felonies.
(4) Is on parole or probation for any felony.
(5) Has been convicted and released from incarceration for said offense during the preceding fifteen (15) years for the crime of manslaughter or involuntary manslaughter. (
6) Has been convicted and released from incarceration for said offense during the preceding ten (10) years for any offense punishable as a felony.
(7) Has been convicted of two (2) or more misdemeanors within the preceding five (5) years for any offense relating to the use, sale, possession, or transportation of narcotics or addictive or dangerous drugs.
(8) Has been convicted of two (2) or more misdemeanors within the preceding five (5) years for any offense relating to force, threat, violence, or intimidation.
(9) Has been convicted within the preceding five (5) years of any theft related misdemeanor.
(d) The medical director may deny or revoke an EMT or Advanced EMT certificate if any of the following apply to the applicant:
(1) Has committed any act involving fraud or intentional dishonesty for personal gain within the preceding seven (7) years.
(2) Is required to register pursuant to Section 11590 of the Health and Safety Code.
The next excerpt details convictions that are exempt from consideration. All other convictions, even those considered “expunged” are considered as part of the applicant’s record for the purposes of EMT certification.
(e) Subsection (a) and (b) shall not apply to convictions that have been pardoned by the Governor, and shall only apply to convictions where the applicant/certificate holder was prosecuted as an adult. Equivalent convictions from other states shall apply to the type of offenses listed in (c) and (d). As used in this Section, “felony” or “offense punishable as a felony” refers to an offense for which the law prescribes imprisonment in the state prison as either an alternative or the sole penalty, regardless of the sentence the particular defendant received.
(f) This Section shall not apply to those EMT’s, or EMT-IIs who obtain their California certificate prior to the effective date of this Section; unless:
(1) The certificate holder is convicted of any misdemeanor or felony after the effective date of this Section.
(2) The certificate holder committed any sexually related offense specified under Section 290 of the Penal Code.
(3) The certificate holder failed to disclose to the certifying entity any prior convictions when completing his/her application for initial EMT or Advanced EMT certification or certification renewal.
The entire text of the regulations is available at the State of California EMS Authority website, www.emsa.ca.gov Applicants with potentially disqualifying criminal history are strongly encouraged to fully research the regulations and consult with the EMS Agency prior to applying for certification. Minor offenses may result in a probationary certification rather than a denial if sufficient time has elapsed since the conviction. As noted in the full text of the regulations, offenses not requiring a denial by statute or regulation may be handled by the EMSA Model Disciplinary Standards. That document is available for review at the EMS Authority website, www.emsa.ca.gov
Where can I go to have the Live Scan done?
There are multiple sites in each county that are approved to perform the Live Scan service. A list of those sites can be obtained on the DOJ website.
How much does the Live Scan cost?
At this time the DOJ fee for the Live Scan is $49. In addition to that fee, the Live Scan service will charge an additional "rolling" fee for their services. The "rolling" fee varies with the different Live Scan operators. Information on this fee is available on the California Department of Justice website listing of approved Live Scan operators.
The Live Scan fee is separate and in addition to the EMT certification/recertification fee that you will pay to the EMS Agency. You will pay the Live Scan operator the DOJ and "rolling" fee. The EMS Agency will collect only the fees for certification and recertification.
How much does my EMT certification or recertification cost?
The fees are as follows:
EMS Certification & Accreditation Fee Schedule
Note: the State definition of "certification" is an individual that has not had the criminal history background previous performed and that data is not yet entered into the State EMS database. A "recertification" is for individuals that have had the criminal history background performed and that data has been entered into the State EMS database.
How long does it take to complete the certification/recertification process?
The determining factor for processing certifications is obtaining the criminal history background information. The time varies depending on how long it takes to receive the background report from the DOJ, as well as the type of information returned (if any) on the report. While the EMS Agency works to process applications as rapidly as possible, EMTs should allow at least 30 days for processing to ensure that they don't experience a lapse or delay in receiving their certification. Same day processing is longer be possible.