ORDERS:
ORDER DENYING MOTION FOR RECONSIDERATION AND STAY
This matter is before the Administrative Law Court (“Court”) pursuant to a Motion for Reconsideration and a Motion to Stay filed by Respondent Stuart Platt on July 30, 2007. On July 20, 2007, the Court issued a Final Order and Decision (“Final Order”) in this matter, which suspended Respondent’s Emergency Medical Technician (“EMT”) -Paramedic certification (No. 81216) for a period of fifteen months. The Final Order also required Respondent to hand-deliver his certification to the South Carolina Department of Health and Environmental Control (“Department”) within fifteen days of its date, at which time a fifteen month suspension of Respondent’s certification would begin. By an order dated August 2, 2007, the Court stayed its Final Order and Decision pending resolution of the Motion for Reconsideration.
Pursuant to notice to the parties, the Court heard arguments on the Motion for Reconsideration in Columbia, South Carolina on August 21, 2007. At that time, the parties also offered arguments on the Motion to Stay. After careful consideration of the parties’ arguments and a review of the entire matter, I conclude that the Motion for Reconsideration must be denied and that the stay imposed by order of the Court on August 2, 2007 be lifted.
As previously stated in the Final Order and after the parties had given their arguments in the hearing on August 21, 2007, the Court finds Respondent to be a credible and sincere person. Mr. Platt is an EMT-Paramedic trained in advanced life support who has provided many years of emergency medical care to the citizens of this state. He has extricated many individuals from vehicles at accident scenes and has trained many in the art of extrications. He is an asset to the paramedic community in Lexington County and this state.
Further, the Court recognizes that Mr. Platt has been employed with the County of Lexington as a shift supervisor of EMT’s and Paramedics since 2000 and, except for a short time after this accident, continued in that position with Lexington County with no further incidents. The Court also recognizes that there have not been any previous incidents or charges against Mr. Platt in his several employment positions with Lexington County. As well, the Court appreciates Mr. Platt’s acknowledgement that he failed to manage effectively and appropriately the EMT/Paramedic staff under his supervision on the evening of April 16, 2006.
During the weekend days after the accident on Friday night, April 16, 2004, Mr. Platt realized that he had failed to adequately supervise his shift that Friday evening and began to conduct a qualitative assessment analysis. He immediately reported the findings to his supervisor. In these findings, Mr. Platt acknowledged that he had failed to adequately perform his duties as a supervisor on the night of April 16, 2004.
Although the Court finds that Mr. Platt is an excellent EMT-Paramedic and has performed in an outstanding manner during his years of employment with the County of Lexington, and further finds that Mr. Platt sincerely regrets his failure to exercise his job duties responsibly during the evening hours of April 16, 2004, the Court cannot ignore his misconduct that night. The Court is aware of Respondent’s contrition. Also, it is aware that Mr. Platt has already been sanctioned by his employer. Notwithstanding, this Court finds that those sanctions are insufficient for Mr. Platt’s misconduct. The citizens of Lexington County placed their trust in Respondent to be vigilant and proactive that evening in overseeing those he supervised and to remain in contact with them when they are at an accident scene.
It is the responsibility of Petitioner to regulate those it licenses as EMT’s and Paramedics. The grant of this license by this state only amounts to a privilege to engage in this occupation; it does not amount to a right. In this instance, Respondent failed to exercise that duty to the citizens of this state which is required pursuant to this license. Accordingly, the Department sought and seeks revocation of Respondent’s EMT-Paramedic certification. In its Final Order, this Court found that revocation was not warranted but that the license should be revoked for a period of fifteen months. This Court finds that no new matters have been presented which would cause it to change its previous sanction.
The Court realizes that that this sanction will most probably create a financial hardship for Mr. Platt in supporting his family. Nevertheless, the duty of care impressed on Mr. Platt necessitates this Court impose a sanction of suspension of his EMT-Paramedic certification for a term of fifteen months and affirms the decision issued in its Final Order dated July 20, 2007. Again, the Court finds that such sanction is fair, appropriate and reasonable under all the circumstances herein. Further, the Court concludes that the interests of justice do not require a stay of this Court’s July 20, 2007 Final Order and Decision. Accordingly,
ORDER
IT IS HEREBY ORDERED that Respondent’s Motion for Reconsideration is denied and the sanction imposed in this Court’s Final Order and Decision dated July 20, 2007 is affirmed; and
IT IS FURTHER ORDERED that the stay imposed on this Court’s July 20, 2007 Final Order and Decision by Order dated August 2, 2007 is lifted.
AND IT IS SO ORDERED.
__________________________________
Marvin F. Kittrell
Chief Administrative Law Judge |
