Where the Department of Public Health temporarily revoked a respondent’s certification as an emergency medical technician, the revocation should be upheld because the department proved by a preponderance of the evidence that the respondent violated 105 CMR 170.940(M).
“On May 17, 2022 [Stephen] Medeiros, a paramedic and part-time employee of STAT NE, held a training session on Statewide Treatment Protocols (ST) for some of STAT NE’s EMTs. …
“Although eight EMTs attended the training session, Mr. Medeiros discovered ten names, signatures, and EMT numbers on the roster when he reviewed it the next morning. …
“DPH proceeded on the theory that [respondent Andrew] Westgate allegedly falsified the roster with the names and related information of EMTs #5 and #7 …, and DPH obtained it. … DPH has proven that theory by a preponderance of the evidence. …
“Either Mr. Westgate falsified the roster or facilitated deceiving a state investigator about who had falsified the roster, thus bringing an investigation to an end without identifying the true perpetrator. Either way, Mr. Westgate trampled on DPH’s need for accurate information to perform its important duties of regulating EMTs and the EMS system and protecting public health. 105 CMR 170.001. A falsified document in the EMS system is not a ‘little hiccup,’ as Mr. Westgate called it.”
Department of Public Health, Office of Emergency Medical Services v. Westgate (Lawyers Weekly No. 27-029-23) (13 pages) (Bresler, Administrative...
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