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FIREFIGHTERS ARRESTED
IF YOU ARE ARRESTED FOR AN ALCOHOL OR DRUG RELATED OFFENSE YOU MUST NOTIFY THE DEPARTMENT OF STATE HEALTH SERVICES WITHIN 10 DAYS
PLEASE READ ON FOR THE REST OF THIS VERY IMPORTANT ARTICLE. Firefighters are required by Department of State Health Services (DSHS) to comply with the above rule. Again, if you are arrested for an alcohol or drug related offense you must notify the Department of State Health Services within ten (10) days. [2] This brief article is intended to help firefighters by informing them of the need to comply with DSHS, and the possible consequences for failing to do so. For most fire departments, holding an EMT or paramedic certificate/license is a job requirement. DSHS has many other rules that subject firefighters who hold an EMT or paramedic license to discipline. This writing is not intended to address all of the policies of DSHS.
The Texas Legislature has given DSHS the authority and responsibility of certifying and decertifying EMS personnel. They have provided “guidelines and criteria for establishing the eligibility of persons with criminal backgrounds” [3] and the authority “to deny, decertify, revoke and or suspend a certificate or license to persons who have committed a felony or misdemeanor. . . .” [4] “The department [DSHS] is entitled to obtain criminal history information maintained by the Department of Public Safety, the Federal Bureau of Investigation Identification Division, or any other law enforcement agency to investigate the eligibility of a candidate for EMS personnel certification, recertification, licensure or renewal and to investigate the continued eligibility of certificant/licensee. [5]
This is important because up to now DSHS has not had the means to enforce these rules that they have had in the Texas Administrative Code and Occupation Code. DSHS now has access to the database of DPS. They are running background checks and can receive information regarding criminal backgrounds and even arrest.
Upon arrest, even if you are innocent of the allegation, if it is an alcohol or drug related offense you are required to notify DSHS of the arrest within 10 days. [6] Failure to do so can cause you to receive discipline in the form of a reprimand, suspension, revocation, or decertification. YOU MUST NOTIFY DSHS WITHIN 30 DAYS OF FINAL SENTENCING OF ANY CRIMINAL OFFENSE WHICH RESULTED IN FINAL CONVICTION [7]
Furthermore, failing to notify the department (DSHS) within 30 days of final sentencing of any criminal offense which resulted in final conviction . . . [8] is reason for discipline. This rule of course allows DSHS the ability to follow up on cases while placing the burden on the firefighter since a criminal case may take years to conclude.
CONCLUSION
This article was written in order to address the recent high occurrences of cases regarding this issue and to assist firefighters by informing them. These rules can be found on the internet at http://www.capitol.state.tx.us/statutes/statutes.html. These policies have existed for some time but most firefighters are unaware and can easily be caught off guard. Most of us are not familiar with any cases where DSHS has disciplined under these rules in the past and therefore are completely unaware that they exist. However, DSHS now has the ability to enforce these policies and therefore we must be aware and comply.
Certainly if a firefighter is arrested for an alcohol or drug related offense, a criminal case will almost always be filed and that firefighter will have to deal with that case. However, regardless if the firefighter is exonerated or not, that firefighter has a duty to notify DSHS of the alcohol or drug related arrest within 10 days [9] and to notify “within 30 days of final sentencing of any criminal offense which resulted in final conviction” . . . . [10]
Imagine being wrongfully arrested. The case ultimately dismissed after months of work. Then imagine finding yourself facing a rule violation of DSHS for failing to notify of the wrongful arrest. Don’t like it at all, I don’t either, but it is happening. Now we know, let’s comply, and let’s keep our certifications.
Thank You
Clemente De La Cruz |
