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AB-2293 Emergency medical services: licensure.(2017-2018)

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Date Published: 05/26/2018 04:00 AM
AB2293:v96#DOCUMENT

Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  April 26, 2018
Amended  IN  Assembly  April 16, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2293


Introduced by Assembly Member Reyes

February 13, 2018


An act to amend Section 1798.200 of the Health and Safety Code, relating to emergency medical services.


LEGISLATIVE COUNSEL'S DIGEST


AB 2293, as amended, Reyes. Emergency medical services: licensure.
Under existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, the Emergency Medical Services Authority (authority) is responsible for establishing training, scope of practice, and continuing education for emergency medical technicians and other prehospital personnel, including Emergency Medical Technician-I (EMT-I), Emergency Medical Technician-II (EMT-II), and Emergency Medical Technician-Paramedic (EMT-P). Existing law authorizes the authority to, among other things, deny, suspend, or revoke an EMT EMT-P license for specified conduct to protect the public health and safety. Existing law authorizes an EMT-I, EMT-II, and EMT-P to file a notice of defense within 15 days of service of an accusation.
This bill would modify allow the authority to deny an application submitted by an individual for an EMT-I or EMT-II license and would establish the criteria related to conduct that the authority may consider in denying an EMT application, the application, as specified, and would permit the authority to consider whether an applicant demonstrates substantial rehabilitation, as defined. The bill would extend the time for an applicant to file a notice of defense from 15 to allow an applicant 30 days in response to respond to a denied EMT EMT-I or EMT-II application.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1798.200 of the Health and Safety Code is amended to read:

1798.200.
 (a) (1) (A) Except as provided in paragraph (2), an employer of an EMT-I or EMT-II may conduct investigations, as necessary, and take disciplinary action against an EMT-I or EMT-II who is employed by that employer for conduct in violation of subdivision (c). The employer shall notify the medical director of the local EMS agency that has jurisdiction in the county in which the alleged violation occurred within three days when an allegation has been validated as a potential violation of subdivision (c).
(B) Each employer of an EMT-I or EMT-II employee shall notify the medical director of the local EMS agency that has jurisdiction in the county in which a violation related to subdivision (c) occurred within three days after the EMT-I or EMT-II is terminated or suspended for a disciplinary cause, the EMT-I or EMT-II resigns following notification of an impending investigation based upon evidence that would indicate the existence of a disciplinary cause, or the EMT-I or EMT-II is removed from EMT-related duties for a disciplinary cause after the completion of the employer’s investigation.
(C) At the conclusion of an investigation, the employer of an EMT-I or EMT-II may develop and implement, in accordance with the guidelines for disciplinary orders, temporary suspensions, and conditions of probation adopted pursuant to Section 1797.184, a disciplinary plan for the EMT-I or EMT-II. Upon adoption of the disciplinary plan, the employer shall submit that plan to the local EMS agency within three working days. The employer’s disciplinary plan may include a recommendation that the medical director of the local EMS agency consider taking action against the holder’s certificate pursuant to paragraph (3).
(2) If an EMT-I or EMT-II is not employed by an ambulance service licensed by the Department of the California Highway Patrol or a public safety agency or if that ambulance service or public safety agency chooses not to conduct an investigation pursuant to paragraph (1) for conduct in violation of subdivision (c), the medical director of a local EMS agency shall conduct the investigations, and, upon a determination of disciplinary cause, take disciplinary action as necessary against the EMT-I or EMT-II. At the conclusion of these investigations, the medical director shall develop and implement, in accordance with the recommended guidelines for disciplinary orders, temporary orders, and conditions of probation adopted pursuant to Section 1797.184, a disciplinary plan for the EMT-I or EMT-II. The medical director’s disciplinary plan may include action against the holder’s certificate pursuant to paragraph (3).
(3) The medical director of the local EMS agency may, upon a determination of disciplinary cause and in accordance with regulations for disciplinary processes adopted pursuant to Section 1797.184, deny, suspend, suspend or revoke any EMT-I or EMT-II certificate issued under this division, or may place any EMT-I or EMT-II certificate holder on probation, upon the finding by that medical director of the occurrence of any of the actions listed in subdivision (c) and the occurrence of one of the following:
(A) The EMT-I or EMT-II employer, after conducting an investigation, failed to impose discipline for the conduct under investigation, or the medical director makes a determination that the discipline imposed was not according to the guidelines for disciplinary orders and conditions of probation and the conduct of the EMT-I or EMT-II certificate holder constitutes grounds for disciplinary action against the certificate.
(B) Either the employer of an EMT-I or EMT-II further determines, after an investigation conducted under paragraph (1), or the medical director determines after an investigation conducted under paragraph (2), that the conduct requires disciplinary action against the certificate.
(4) The medical director of the local EMS agency, after consultation with the employer of an EMT-I or EMT-II, may temporarily suspend, prior to a hearing, any EMT-I or EMT-II certificate or both EMT-I and EMT-II certificates upon a determination that both of the following conditions have been met:
(A) The certificate holder has engaged in acts or omissions that constitute grounds for revocation of the EMT-I or EMT-II certificate.
(B) Permitting the certificate holder to continue to engage in the certified activity without restriction would pose an imminent threat to the public health or safety.
(5) If the medical director of the local EMS agency temporarily suspends a certificate, the local EMS agency shall notify the certificate holder that his or her EMT-I or EMT-II certificate is suspended and shall identify the reasons therefor. Within three working days of the initiation of the suspension by the local EMS agency, the agency and employer shall jointly investigate the allegation in order for the agency to make a determination of the continuation of the temporary suspension. All investigatory information not otherwise protected by law held by the agency and employer shall be shared between the parties via facsimile transmission or overnight mail relative to the decision to temporarily suspend. The local EMS agency shall decide, within 15 calendar days, whether to serve the certificate holder with an accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. If the certificate holder files a notice of defense, the hearing shall be held within 30 days of the local EMS agency’s receipt of the notice of defense. The temporary suspension order shall be deemed vacated if the local EMS agency fails to make a final determination on the merits within 15 days after the administrative law judge renders the proposed decision.
(6) The medical director of the local EMS agency shall refer, for investigation and discipline, any complaint received on an EMT-I or EMT-II to the relevant employer within three days of receipt of the complaint, pursuant to subparagraph (A) of paragraph (1) of subdivision (a).
(b) The authority may deny, suspend, or revoke any EMT-P license issued under this division, or may place any EMT-P license issued under this division, or may place any EMT-P licenseholder on probation upon the finding by the director of the occurrence of any of the actions listed in subdivision (c). Proceedings against any EMT-P license or licenseholder shall be held in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) Any For purposes of subdivision (b), any of the following actions shall be considered are evidence of a threat to the public health and safety and may may, except as specified in subdivision (d), result in the denial, suspension, or revocation of a certificate or license issued under this division, or in the placement on probation of a certificate holder or licenseholder under this division:
(1) Fraud in the procurement of any certificate or license under this division.
(2) Gross negligence.
(3) Repeated negligent acts.
(4) Incompetence.
(5) The commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, and duties of prehospital personnel.
(6) Conviction of any crime which is substantially related to the qualifications, functions, and duties of prehospital personnel. The record of conviction or a certified copy of the record shall be conclusive evidence of the conviction.
(7) Violating or attempting to violate directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this division or the regulations adopted by the authority pertaining to prehospital personnel.
(8) Violating or attempting to violate any federal or state statute or regulation that regulates narcotics, dangerous drugs, or controlled substances.
(9) Addiction to, the excessive use of, or the misuse of, alcoholic beverages, narcotics, dangerous drugs, or controlled substances.
(10) Functioning outside the supervision of medical control in the field care system operating at the local level, except as authorized by any other license or certification.
(11) Demonstration of irrational behavior or occurrence of a physical disability to the extent that a reasonable and prudent person would have reasonable cause to believe that the ability to perform the duties normally expected may be impaired.
(12) Unprofessional conduct exhibited by any of the following:
(A) The mistreatment or physical abuse of any patient resulting from force in excess of what a reasonable and prudent person trained and acting in a similar capacity while engaged in the performance of his or her duties would use if confronted with a similar circumstance. Nothing in this This section shall be deemed to does not prohibit an EMT-I, EMT-II, or EMT-P from assisting a peace officer, or a peace officer who is acting in the dual capacity of peace officer and EMT-I, EMT-II, or EMT-P, from using that force that is reasonably necessary to effect a lawful arrest or detention.
(B) The failure to maintain confidentiality of patient medical information, except as disclosure is otherwise permitted or required by law in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code.
(C) The commission of any sexually related offense specified under Section 290 of the Penal Code.
(d) (1) The authority may deny an application submitted by an individual for an EMT-I or EMT-II license issued under this division upon the finding by the director of the occurrence of any of the actions listed in paragraph (2), unless the applicant demonstrates substantial rehabilitation as defined in paragraph (3). Proceedings against the applicant shall be held in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. Notwithstanding subdivision (a) of Section 11506 of the Government Code, the applicant may file a notice of defense within 30 days after service of an accusation.
(2) For purposes of this subdivision, any of the following actions are evidence of a threat to the public health and safety, and in the absence of the applicant’s demonstration of substantial rehabilitation as defined in paragraph (3), may result in the denial of an application pursuant to paragraph (1) for a certificate or license issued under this division:
(A) Fraud in the procurement of any certificate or license under this division.
(B) A grossly negligent act in the course of employment in a related field.
(C) Repeated negligent acts in the course of employment in a related field.
(D) Demonstrated incompetence in the course of employment in a related field.
(E) The commission of any fraudulent, dishonest, or corrupt act committed in the course of employment in a related field.
(F) Conviction of a violent felony, as defined in Section 667.5 of the Penal Code.
(G) Conviction of a crime within the last five years that is directly related to, and adversely impacts the qualifications, functions, and duties of, prehospital personnel. The record of conviction or a certified copy of the record is conclusive evidence of conviction.
(H) Violation of any provision of this division or regulation adopted by the authority pertaining to prehospital personnel, which occur in the course of employment.
(I) Conviction for the violation of any federal or state statute or regulation that regulates narcotics, dangerous drugs, or controlled substances within the last five years which resulted in incarceration. The facts underlying the conviction shall directly relate to, and adversely impact the qualification, functions, and duties of, prehospital personnel.
(J) Excessive use of alcoholic beverages, narcotics, dangerous drugs, or controlled substances.
(K) Functioning outside of the supervision of medical control in the field care system operating at the local level, except as authorized by any other license or certification.
(L) Demonstration of irrational behavior or occurrence of a physical disability, to the extent that a reasonable and prudent person would have reasonable cause to believe that the ability to perform duties normally expected may be impaired.
(M) Unprofessional conduct exhibited by any of the following:
(i) The mistreatment or physical abuse of any patient resulting from force in excess of what a reasonable and prudent person trained and acting in a similar capacity while engaged in the performance of his or her duties would use if confronted with a similar circumstance. This section does not prohibit an EMT-I or EMT-II from assisting a peace officer, or a peace officer who is acting in the dual capacity of peace officer and EMT-I or EMT-II, from using that force that is reasonably necessary to effect a lawful arrest or detention.
(ii) The failure to maintain confidentiality of patient medical information, except as disclosure is otherwise permitted or required by law in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code.
(iii) The conviction of any sexually related offense specified in Section 290 of the Penal Code. Pending a criminal proceeding related to a sexually related offense specified in Section 290 of the Penal Code, the authority may temporarily suspend its review of the application until the criminal proceeding is resolved.
(3) For purposes of this subdivision, “substantial rehabilitation” means the applicant for an EMT-I or EMT-II license has done either of the following:
(A) Satisfied the criteria for rehabilitation developed by the board.
(B) Provided documentation to the authority that he or she maintained employment in a related field for at least one year prior to licensure or successfully completed a course of training in a related filed, and there is no public record of an official finding related to professional misconduct. For purposes of this paragraph, a “related field” includes employment duties that are substantially similar to the field regulated by the board and may be uncompensated or compensated, or performed while incarcerated.
(4) (A) A certificate for license for an EMT-I or EMT-II issued under this division shall not be denied on the basis of a conviction or the acts underlying the conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1210.1 of the Penal Code, or a comparable out-of-state dismissal, certificate or rehabilitation, governor pardon, or expungement.
(B) An applicant shall furnish to the authority proof of the dismissal if the authority does not have documentation.
(5) Notwithstanding any other law, a certificate or license for an EMT-I or EMT-II issued under this division shall not be denied on the basis of a citation or arrest for an offense punishable as an infraction or a misdemeanor or for a matter adjudicated within the jurisdiction of the juvenile court, as defined in Section 602 of the Welfare and Institutions Code.

(d)

(e) The information shared among EMT-I, EMT-II, and EMT-P employers, medical directors of local EMS agencies, the authority, and EMT-I and EMT-II certifying entities shall be deemed to be an investigative communication that is exempt from public disclosure as a public record pursuant to subdivision (f) of Section 6254 of the Government Code. A formal disciplinary action against an EMT-I, EMT-II, or EMT-P shall be considered a public record available to the public, unless otherwise protected from disclosure pursuant to state or federal law.

(e)

(f) For purposes of this section, “disciplinary cause” means an act that is substantially related to the qualifications, functions, and duties of an EMT-I, EMT-II, or EMT-P and is evidence of a threat to the public health and safety described in subdivision (c).

SECTION 1.Section 1798.200 of the Health and Safety Code is amended to read:
1798.200.

(a)(1)(A)Except as provided in paragraph (2), an employer of an EMT-I or EMT-II may conduct investigations, as necessary, and take disciplinary action against an EMT-I or EMT-II who is employed by that employer for conduct in violation of subdivision (b). The employer shall notify the medical director of the local EMS agency that has jurisdiction in the county in which the alleged violation occurred within three days when an allegation has been validated as a potential violation of subdivision (b).

(B)Each employer of an EMT-I or EMT-II employee shall notify the medical director of the local EMS agency that has jurisdiction in the county in which a violation related to subdivision (b) occurred within three days after the EMT-I or EMT-II is terminated or suspended for a disciplinary cause, the EMT-I or EMT-II resigns following notification of an impending investigation based upon evidence that would indicate the existence of a disciplinary cause, or the EMT-I or EMT-II is removed from EMT-related duties for a disciplinary cause after the completion of the employer’s investigation.

(C)At the conclusion of an investigation, the employer of an EMT-I or EMT-II may develop and implement, in accordance with the guidelines for disciplinary orders, temporary suspensions, and conditions of probation adopted pursuant to Section 1797.184, a disciplinary plan for the EMT-I or EMT-II. Upon adoption of the disciplinary plan, the employer shall submit that plan to the local EMS agency within three working days. The employer’s disciplinary plan may include a recommendation that the medical director of the local EMS agency consider taking action against the holder’s certificate pursuant to paragraph (3).

(2)If an EMT-I or EMT-II is not employed by an ambulance service licensed by the Department of the California Highway Patrol or a public safety agency or if that ambulance service or public safety agency chooses not to conduct an investigation pursuant to paragraph (1) for conduct in violation of subdivision (b) the medical director of a local EMS agency shall conduct the investigations, and, upon a determination of disciplinary cause, take disciplinary action as necessary against the EMT-I or EMT-II. At the conclusion of these investigations, the medical director shall develop and implement, in accordance with the recommended guidelines for disciplinary orders, temporary orders, and conditions of probation adopted pursuant to Section 1797.184, a disciplinary plan for the EMT-I or EMT-II. The medical director’s disciplinary plan may include action against the holder’s certificate pursuant to paragraph (3).

(3)The medical director of the local EMS agency may, upon a determination of disciplinary cause and in accordance with regulations for disciplinary processes adopted pursuant to Section 1797.184, suspend or revoke any EMT-I or EMT-II certificate issued under this division, or may place any EMT-I or EMT-II certificate holder on probation, upon the finding by that medical director of the occurrence of any of the actions listed in subdivision (b) and the occurrence of one of the following:

(A)The EMT-I or EMT-II employer, after conducting an investigation, failed to impose discipline for the conduct under investigation, or the medical director makes a determination that the discipline imposed was not according to the guidelines for disciplinary orders and conditions of probation and the conduct of the EMT-I or EMT-II certificate holder constitutes grounds for disciplinary action against the certificate.

(B)Either the employer of an EMT-I or EMT-II further determines, after an investigation conducted under paragraph (1), or the medical director determines after an investigation conducted under paragraph (2), that the conduct requires disciplinary action against the certificate.

(4)The medical director of the local EMS agency, after consultation with the employer of an EMT-I or EMT-II, may temporarily suspend, prior to a hearing, any EMT-I or EMT-II certificate or both EMT-I and EMT-II certificates upon a determination that both of the following conditions have been met:

(A)The certificate holder has engaged in acts or omissions set forth in subdivision (b) that constitute grounds for revocation of the EMT-I or EMT-II certificate.

(B)Permitting the certificate holder to continue to engage in the certified activity without restriction would pose an imminent threat to the public health or safety.

(5)If the medical director of the local EMS agency temporarily suspends a certificate, the local EMS agency shall notify the certificate holder that his or her EMT-I or EMT-II certificate is suspended and shall identify the reasons therefor. Within three working days of the initiation of the suspension by the local EMS agency, the agency and employer shall jointly investigate the allegation in order for the agency to make a determination of the continuation of the temporary suspension. All investigatory information not otherwise protected by law held by the agency and employer shall be shared between the parties via facsimile transmission or overnight mail relative to the decision to temporarily suspend. The local EMS agency shall decide, within 15 calendar days, whether to serve the certificate holder with an accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. Notwithstanding subdivision (a) of Section 11506 of the Government Code, a certificate holder may file a notice of defense within 15 days after service of an accusation. If the certificate holder files a notice of defense, the hearing shall be held within 30 days of the local EMS agency’s receipt of the notice of defense. The temporary suspension order shall be deemed vacated if the local EMS agency fails to make a final determination on the merits within 15 days after the administrative law judge renders the proposed decision.

(6)The medical director of the local EMS agency shall refer, for investigation and discipline, any complaint received on an EMT-I or EMT-II to the relevant employer within three days of receipt of the complaint, pursuant to subparagraph (A) of paragraph (1) of subdivision (a).

(b)(1)The authority may suspend or revoke any EMT-P license issued under this division, or may place any EMT-P license issued under this division, or may place any EMT-P licenseholder on probation upon the finding by the director of the occurrence of any of the actions listed in paragraph (2). Proceedings against any EMT-P license or licenseholder shall be held in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(2)Any of the following actions shall be considered evidence of a threat to the public health and safety and may result in the suspension or revocation of a certificate or license issued under this division, or in the placement on probation of a certificate holder or licenseholder under this division:

(A)Fraud in the procurement of any certificate or license under this division.

(B)Gross negligence.

(C)Repeated negligent acts.

(D)Incompetence.

(E)The commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, and duties of prehospital personnel.

(F)Conviction of any crime that is substantially related to the qualifications, functions, and duties of prehospital personnel. The record of conviction or a certified copy of the record shall be conclusive evidence of the conviction.

(G)Violating or attempting to violate directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this division or the regulations adopted by the authority pertaining to prehospital personnel.

(H)Violating or attempting to violate any federal or state statute or regulation that regulates narcotics, dangerous drugs, or controlled substances.

(I)Addiction to, the excessive use of, or the misuse of, alcoholic beverages, narcotics, dangerous drugs, or controlled substances.

(J)Functioning outside the supervision of medical control in the field care system operating at the local level, except as authorized by any other license or certification.

(K)Demonstration of irrational behavior or occurrence of a physical disability to the extent that a reasonable and prudent person would have reasonable cause to believe that the ability to perform the duties normally expected may be impaired.

(L)Unprofessional conduct exhibited by any of the following:

(i)The mistreatment or physical abuse of any patient resulting from force in excess of what a reasonable and prudent person trained and acting in a similar capacity while engaged in the performance of his or her duties would use if confronted with a similar circumstance. Nothing in this section shall be deemed to prohibit an EMT-I, EMT-II, or EMT-P from assisting a peace officer, or a peace officer who is acting in the dual capacity of peace officer and EMT-I, EMT-II, or EMT-P, from using that force that is reasonably necessary to effect a lawful arrest or detention.

(ii)The failure to maintain confidentiality of patient medical information, except as disclosure is otherwise permitted or required by law in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code.

(iii)The commission of any sexually related offense specified under Section 290 of the Penal Code.

(c)(1)The authority may deny an application submitted by an individual for an EMT-P license issued under this division upon the finding by the director of the occurrence of any of the actions listed in paragraph (2) unless the applicant demonstrates substantial rehabilitation as defined in subdivision (d). Proceedings against the applicant shall be held in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. Notwithstanding subdivision (a) of Section 11506 of the Government Code, the applicant may file a notice of defense within 30 days after service of an accusation.

(2)The following may be considered evidence of a threat to the public health and safety, and in the absence of the applicant’s demonstration of substantial rehabilitation as defined in subdivision (d), may result in the denial of an application related to a certificate or license issued under this division:

(A)Fraud in the procurement of any certificate or license under this division.

(B)A grossly negligent act in the course of employment in a related field.

(C)Repeated negligent acts in the course of employment in a related field.

(D)Demonstrated incompetence in the course of employment in a related field.

(E)The commission of any fraudulent, dishonest, or corrupt act committed in the course of employment in a related field.

(F)Conviction of a violent felony as defined in Section 667.5 of the Penal Code.

(G)Conviction of a crime within the last five years that is directly related to and adversely impacts the qualifications, functions, and duties of prehospital personnel. The record of conviction or a certified copy of the record shall be conclusive evidence of the conviction.

(H)Conviction for the violation of any federal or state statute or regulation that regulates narcotics, dangerous drugs, or controlled substances that resulted in incarceration. The facts underlying the conviction must directly relate to and adversely impact the qualifications, functions, and duties of prehospital personnel.

(I)Excessive use of alcoholic beverages, narcotics, dangerous drugs, or controlled substances in the course of employment.

(J)Functioning outside the supervision of medical control in the field care system operating at the local level, except as authorized by any other license or certification.

(K)Demonstration of irrational behavior or occurrence of a physical disability to the extent that a reasonable and prudent person would have reasonable cause to believe that the ability to perform the duties normally expected may be impaired.

(L)Unprofessional conduct exhibited by any of the following:

(i)The conviction of any sexually related offense specified under Section 290 of the Penal Code.

(ii)Pending the criminal proceeding related to a sexually related offense specified under Section 290 of the Penal Code, the authority may temporarily suspend its review of the application until the criminal proceeding is resolved.

(d)

For purposes of this section, “substantial rehabilitation” means the applicant either:

(1)Satisfied the criteria for rehabilitation developed by the board; or

(2)(A)Provided documentation to the authority that he or she maintained employment in a related field for at least one year prior to licensure or successfully completed a course of training in a related field, and there is no public record of an official finding related to professional misconduct.

(B)A “related field” includes employment duties that are substantially similar to the field regulated by the board and may be uncompensated or compensated, or performed while incarcerated.

(e)

(1)A certificate or license issued under this division shall not be denied on the basis of a conviction or the acts underlying the conviction that has been dismissed pursuant to Section 1203.4a, 1203.41, 1203.42, or 1210.1 of the Penal Code, or a comparable out-of-state dismissal, certificate of rehabilitation, governor pardon, or expungement.

(2)An applicant shall furnish to the agency or authority proof of the dismissal if the agency or authority does not have documentation.

(f)

Notwithstanding any other law, an application issued under this division shall not be denied on the basis of an arrest, infraction, or citation, as defined in Sections 19, 19.6, and 19.8 of the Penal Code, or a matter adjudicated within the jurisdiction of the juvenile court, as defined in Section 602 of Welfare and Institutions Code.

(g)

The information shared among EMT-I, EMT-II, and EMT-P employers, medical directors of local EMS agencies, the authority, and EMT-I and EMT-II certifying entities shall be deemed to be an investigative communication that is exempt from public disclosure as a public record pursuant to subdivision (f) of Section 6254 of the Government Code. A formal disciplinary action against an EMT-I, EMT-II, or EMT-P shall be considered a public record available to the public, unless otherwise protected from disclosure pursuant to state or federal law.