ORDERS:
CONSENT AGREEMENT AND ORDER
This
matter is before me pursuant to Respondent Charles Welchel’s request for a
contested case hearing challenging the decision of Petitioner South Carolina
Department of Health and Environmental Control to suspend Welchel’s
EMT-Paramedic certification for one year, during which time Welchel’s
certification would be reduced to an EMT-Basic level, for violations of the Emergency
Medical Services Act, S.C. Code Ann. § 44-61-10, et seq. (Supp. 2005),
and the Emergency Medical Services Regulation, 24 S.C. Code Ann. Regs. 61-7
(Supp. 2005). Pursuant to the Department’s decision, Welchel was also
restricted from serving as a crew chief during the one-year suspension period.
The Department’s decision further required Welchel to attend and pass an
NREMT-Paramedic Refresher course prior to reinstatement of EMT-Paramedic level,
and to attend and pass a PHTLS class within one year of the suspension
decision.
Welchel’s
EMT-Paramedic certification expired by its own terms while the contested case
hearing was pending. Welchel is not currently certified as an EMT at any level
by the Department.
Prior
to a hearing on this matter, the parties entered into a mutual agreement to
resolve their dispute. The terms of the agreement are as follows:
(1) Welchel shall not apply for or be granted an EMT-Paramedic certificate
within one year of the date of this Consent Agreement and Order;
(2) Welchel may, however, apply for an EMT-Intermediate certificate with the
Department during the one-year period following the execution of this Consent
Agreement and Order. If he chooses to apply for an EMT-Intermediate
certificate during that one-year period, he must meet all statutory and
regulatory requirements for certification as an EMT-Intermediate, including
successfully completing an EMT-Intermediate program approved by the Department.
(3) At the end of the one-year period following execution of this Consent
Agreement and Order, Welchel may apply for certification as an EMT-Paramedic
with the Department. In order to apply for such certification, however,
Welchel must first attend and pass an NREMT-Paramedic Refresher course and pass
a PHTLS class. Welchel may enroll in the requisite courses during the last 3
months of the one-year period following execution of this Consent Agreement and
Order; however, he may not take the requisite examinations until the end of the
one-year period.
(2) Should Welchel become certified
as an EMT-Intermediate during the year following execution of this Consent
Agreement and Order, he will be restricted from serving as a crew chief for the
first six months. Six months after execution of this Consent Agreement and
Order, the restriction from serving as crew chief will be lifted.
[signatures on following page]
AND
IT IS SO ORDERED.
____________________________________
Ralph
King Anderson, III
Administrative
Law Judge
November 28, 2007
WE CONSENT:
Alonzo Smith, Director Date
DHEC Division of EMS
Ashley C. Biggers Date
Staff Attorney for DHEC Health Regulation
Charles Welchel Date
Matthew Henrikson, Esquire Date
Attorney for
Charles Welchel
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