National Registry EMT Conviction Policy
At Hark and Hark, attorney Robert Q. Hark handles disciplinary matters involving denials of initial applications for, or renewal of, certification for the National Registry for Emergency Medical Technicians. These bi-annual recertifications can be denied for any number of reasons. It is important to retain the services of an attorney who has experience working on NREMT matters to represent you.
Any prior conviction affects a NREMT National Certification. The policy applies to eligibility requirements for initial and continuing certification by the National Registry. NREMT defines conviction to include a plea of nolo contendre, a guilty plea, or plea agreement, as well as a conviction after trial.
The NREMT may suspend or revoke an individual’s certification, or take other appropriate action if the certified EMT incurs a felony conviction or any other criminal conviction (whether felony or misdemeanor) relating to crimes involving physical assault, use of a dangerous weapon, sexual abuse or assault, abuse of children, the elderly or infirm and crimes against property, including robbery, burglary and felony theft.
Attorney Hark files timely objections to a denial of recertification. The initial filings need include many alternative documents and explanations. Also, attending any hearings in these cases is very important. EMTs who travel throughout the country require these national certifications.
All applicants for certification or recertification must disclose any criminal conviction as required on an application. This policy applies to an applicant’s plea of nolo contendre, a guilty plea, or plea agreement, as well as a conviction after trial. Applicants are not required to disclose any criminal conviction that has been expunged from the public record or a deferred adjudication that did not result in the entry of a conviction judgment. Failure to disclose a covered criminal conviction or the withholding of any material information regarding such conviction shall be an independent basis for denial of eligibility to sit for a certification examination, revocation of a certification or denial of an application for recertification.
The National Registry shall advise licensing authorities of the availability of information related to disclosure of convictions. The National Registry may deny an applicant eligibility to sit for the certification examination. It also may take other appropriate action if the applicable state licensing authority, in any state in which the applicant holds or seeks a license as an EMS professional, denies the applicant’s eligibility to obtain, or suspends or revokes, authorization to practice, based on a criminal conviction.
Notwithstanding the absence of any adverse action taken by an applicable state licensing authority on the basis of an applicant’s criminal conviction, the National Registry may deny an applicant eligibility to sit for a certification examination or recertification if, in the National Registry’s sole discretion, it determines that certification may jeopardize public health and safety, based on the following considerations:
- The seriousness of the crime.
- Whether the crime relates to performance of the duties of an EMS professional.
- How much time has elapsed since the crime was committed.
- Whether the crime involved violence to, or abuse of, another person.
- Whether the crime involved a minor or a person of diminished capacity.
- Whether the applicant’s actions and conduct since the crime occurred are consistent with the holding of a position of public trust.
- Whether the applicant is a repeat offender.
- Whether the applicant has complied with all court orders and probationary requirements associated with the conviction.
Any applicant or registrant subject to an adverse decision by the National Registry under this policy may appeal that decision as outlined in the National Registry Certification Eligibility, Discipline and Appeals Policy. The National Registry of Emergency Medical Technicians (National Registry) has adopted a Criminal Conviction Policy to safeguard the public from individuals who, in practice as an EMS professional, might pose a danger to the public.