Virginia Regulatory Town Hall
Agency
Virginia Department of Health
 
Board
State Board of Health
 
chapter
Virginia Emergency Medical Services Regulations [12 VAC 5 ‑ 31]
Action Amend current regulations to include new regulations as a result of legislative changes and changes in the practice of EMS.
Stage Proposed
Comment Period Ended on 3/19/2010
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2/24/10  3:53 pm
Commenter: Stephen Simon, Roanoke County Fire and Rescue Deparment

12VAC5-31-910 Criminal or Enforcement History - Supporting New Regulation
 

I am writing in support of the new language as it pertains to personnel convicted for DWI/DUI.  This language corrects the current in-accurate process of double penalizing personnel who are convicted of a DWI/DUI.  The current regulations caused many EMS providers in the Commonwealth to loose their jobs which no other profession in the Commonwealth would be prohibited from working their profession if they received a DWI/DUI while not employed.  Granted, their employer may terminate the EMS provider for the offense the Department of Health should not have the authority. 

For example; a physician who is arrested/convicted of a DWI/DUI while driving home from a party and not practicing medicine at the time of intoxication can still practice medicine as a doctor.  This example can be used for any other health care provider that the Department of Health regulates.

As the current law states, an EMS Provider convicted of a DWI/DUI would have all the normal penalties associated with the criminal offense but the Department of Health would then enact a 5 year prohibition for the EMS Provider to drive a licensed vehicle.  This was paramount more costly to the EMS Provider than what a Court of law would require.  If the person was a paid EMS Provider than typically would loose their job and not be able to gain employment in the EMS setting. 

As the only person who spoke out about this in the early Summer of 2002 during the last public hearing process (Richmond Airport Hotel) I can attest that this regulation was never intended to penalize EMS providers who were convicted off the job.  It was always designed to be a penalty for an EMS Provider who was charged/convicted while driving an EMS Vehicle.  Which the new regulations address.  Thus, I am strongly supporting the new proposed regulation 12VAC-5-31-910.

 

CommentID: 13121