Texas 2009 - 81st Regular

Texas House Bill HB2845 Compare Versions

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1	1	H.B. No. 2845
2	2
3	3
4	4	AN ACT
5	5	relating to the certification of and disciplinary actions against
6	6	emergency medical services personnel.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 53.002, Occupations Code, is amended to
9	9	read as follows:
10	10	Sec. 53.002. APPLICABILITY OF CHAPTER. This chapter does
11	11	not apply to:
12	12	(1) the Supreme Court of Texas, a person licensed
13	13	under the court's authority on behalf of the judicial department of
14	14	government, or an applicant for a license issued under the court's
15	15	authority on behalf of the judicial department of government;
16	16	(2) a peace officer or an applicant for a license as a
17	17	peace officer described by Article 2.12, Code of Criminal
18	18	Procedure; [or]
19	19	(3) an applicant for certification as emergency
20	20	medical services personnel under Chapter 773, Health and Safety
21	21	Code; or
22	22	(4) a person who:
23	23	(A) is licensed by the Texas [State Board of]
24	24	Medical Board [Examiners], the Texas State Board of Pharmacy, the
25	25	State Board of Dental Examiners, or the State Board of Veterinary
26	26	Medical Examiners; and
27	27	(B) has been convicted of a felony under Chapter
28	28	481 or 483 or Section 485.033, Health and Safety Code.
29	29	SECTION 2. Section 773.050, Health and Safety Code, is
30	30	amended by amending Subsections (b), (c), (d), (e), and (f) and
31	31	adding Subsection (h) to read as follows:
32	32	(b) The executive commissioner [board] by rule shall
33	33	establish minimum standards for:
34	34	(1) staffing an advanced life-support emergency
35	35	medical services vehicle, a mobile intensive-care unit, or a
36	36	specialized emergency medical services vehicle;
37	37	(2) emergency medical services personnel
38	38	certification and performance, including provisional
39	39	certification, certification, decertification, recertification,
40	40	suspension, emergency suspension, and probation;
41	41	(3) the approval of courses and training programs, the
42	42	certification of program instructors, examiners, and course
43	43	coordinators for emergency medical services personnel training,
44	44	and the revocation and probation of an approval or certification;
45	45	(4) examinations of emergency medical services
46	46	personnel;
47	47	(5) medical supervision of basic and advanced
48	48	life-support systems;
49	49	(6) granting, suspending, and revoking a license for
50	50	emergency medical services providers; and
51	51	(7) emergency medical services vehicles.
52	52	(c) The executive commissioner [board] shall consider the
53	53	education, training, criminal background, and experience of allied
54	54	health professionals in adopting the minimum standards for
55	55	emergency medical services personnel certification and may
56	56	establish criteria for interstate reciprocity of emergency medical
57	57	services personnel. Each out-of-state application for
58	58	certification must be accompanied by a nonrefundable fee of not
59	59	more than $120. The executive commissioner [board] may also
60	60	establish criteria for out-of-country emergency medical services
61	61	personnel certification. Each out-of-country application for
62	62	certification must be accompanied by a nonrefundable fee of not
63	63	more than $180.
64	64	(d) The executive commissioner [board] may not adopt a rule
65	65	that requires any system, service, or agency to provide advanced
66	66	life-support or staffing beyond basic life-support levels except
67	67	for providers of:
68	68	(1) advanced life-support emergency medical services;
69	69	(2) mobile intensive care; or
70	70	(3) specialized emergency medical services.
71	71	(e) The executive commissioner [board] shall adopt minimum
72	72	standards for recognition of first responder organizations.
73	73	(f) The executive commissioner [board] shall recognize,
74	74	prepare, or administer continuing education programs for certified
75	75	personnel. A certificate holder must participate in the programs
76	76	to the extent required by the executive commissioner [board] to
77	77	remain certified.
78	78	(h) The department may provide a prescreening criminal
79	79	history record check for an emergency medical services personnel
80	80	applicant to determine the applicant's eligibility to receive
81	81	certification before enrollment in the educational and training
82	82	requirements mandated by the executive commissioner. The
83	83	department may charge a reasonable fee for the costs associated
84	84	with prescreening to each applicant who requests prescreening.
85	85	SECTION 3. Subchapter C, Chapter 773, Health and Safety
86	86	Code, is amended by adding Sections 773.0614, 773.0615, 773.0616,
87	87	and 773.0617 to read as follows:
88	88	Sec. 773.0614. AUTHORITY TO REVOKE, SUSPEND, DISQUALIFY
89	89	FOR, OR DENY CERTIFICATION OF EMERGENCY MEDICAL SERVICES PERSONNEL
90	90	FOR CERTAIN CRIMINAL OFFENSES. (a) In addition to the grounds
91	91	under Section 773.061, the commissioner may suspend or revoke a
92	92	certificate, disqualify a person from receiving a certificate, or
93	93	deny a person the opportunity to take a certification examination
94	94	on the grounds that the person has been convicted of, or placed on
95	95	deferred adjudication community supervision or deferred
96	96	disposition for, an offense that directly relates to the duties and
97	97	responsibilities of emergency medical services personnel.
98	98	(b) For purposes of Subsection (a), the department may not
99	99	consider offenses for which points are assessed under Section
100	100	708.052, Transportation Code.
101	101	(c) A certificate holder's certificate shall be revoked if
102	102	the certificate holder is convicted of or placed on deferred
103	103	adjudication community supervision or deferred disposition for:
104	104	(1) an offense listed in Sections 3g(a)(1)(A) through
105	105	(H), Article 42.12, Code of Criminal Procedure; or
106	106	(2) an offense, other than an offense described by
107	107	Subdivision (1), committed on or after September 1, 2009, for which
108	108	the person is subject to registration under Chapter 62, Code of
109	109	Criminal Procedure.
110	110	Sec. 773.0615. FACTORS CONSIDERED IN SUSPENSION,
111	111	REVOCATION, OR DENIAL OF CERTIFICATE. (a) In determining whether
112	112	an offense directly relates to the duties and responsibilities of
113	113	emergency medical services personnel under Section 773.0614(a),
114	114	the commissioner shall consider:
115	115	(1) the nature and seriousness of the crime;
116	116	(2) the relationship of the crime to the purposes for
117	117	requiring certification to engage in emergency medical services;
118	118	(3) the extent to which certification might offer an
119	119	opportunity to engage in further criminal activity of the same type
120	120	as that in which the person previously had been involved; and
121	121	(4) the relationship of the crime to the ability,
122	122	capacity, or fitness required to perform the duties and discharge
123	123	the responsibilities of emergency medical services personnel.
124	124	(b) In determining the fitness to perform the duties and
125	125	discharge the responsibilities of emergency medical services
126	126	personnel for a person who has been convicted of, or placed on
127	127	deferred adjudication community supervision or deferred
128	128	disposition for, a crime the commissioner shall consider, in
129	129	addition to the factors listed in Subsection (a):
130	130	(1) the extent and nature of the person's past criminal
131	131	activity;
132	132	(2) the age of the person when the crime was committed;
133	133	(3) the amount of time that has elapsed since the
134	134	person's last criminal activity;
135	135	(4) the conduct and work activity of the person before
136	136	and after the criminal activity;
137	137	(5) evidence of the person's rehabilitation or
138	138	rehabilitative effort while incarcerated, after release, or since
139	139	imposition of community supervision or deferred adjudication; and
140	140	(6) other evidence of the person's fitness, including
141	141	letters of recommendation from:
142	142	(A) prosecutors, law enforcement officers,
143	143	correctional officers, or community supervision officers who
144	144	prosecuted, arrested, or had custodial or other responsibility for
145	145	the person;
146	146	(B) the sheriff or chief of police in the
147	147	community where the person resides; and
148	148	(C) any other person in contact with the person.
149	149	(c) The applicant or certificate holder has the
150	150	responsibility, to the extent possible, to obtain and provide to
151	151	the commissioner the recommendations of the persons required by
152	152	Subsection (b)(6).
153	153	(d) In addition to providing evidence related to the factors
154	154	under Subsection (b), the applicant or certificate holder shall
155	155	furnish proof in the form required by the department that the
156	156	applicant or certificate holder has:
157	157	(1) maintained a record of steady employment;
158	158	(2) supported the applicant's or certificate holder's
159	159	dependents;
160	160	(3) maintained a record of good conduct; and
161	161	(4) paid all outstanding court costs, supervision
162	162	fees, fines, and restitution ordered in any criminal case in which
163	163	the applicant or certificate holder has been convicted, been placed
164	164	on community supervision, or received deferred adjudication.
165	165	Sec. 773.0616. PROCEEDINGS GOVERNED BY ADMINISTRATIVE
166	166	PROCEDURE ACT; GUIDELINES. (a) A proceeding before the
167	167	commissioner to consider the issues under Section 773.0615 is
168	168	governed by Chapter 2001, Government Code.
169	169	(b) The executive commissioner shall issue guidelines
170	170	relating to the commissioner's decision-making under Sections
171	171	773.0614 and 773.0615. The guidelines must state the reasons a
172	172	particular crime is considered to relate to emergency medical
173	173	services personnel and include any other criterion that may affect
174	174	the decisions of the commissioner.
175	175	(c) The executive commissioner shall file the guidelines
176	176	with the secretary of state for publication in the Texas Register.
177	177	(d) The department annually shall issue any amendments to
178	178	the guidelines.
179	179	Sec. 773.0617. NOTICE AND REVIEW OF SUSPENSION, REVOCATION,
180	180	DISQUALIFICATION FOR, OR DENIAL OF CERTIFICATION. (a) If the
181	181	commissioner suspends or revokes a certification, denies a person a
182	182	certificate, or denies the opportunity to be examined for a
183	183	certificate under Section 773.0614, the commissioner shall notify
184	184	the person in writing of:
185	185	(1) the reason for the suspension, revocation, denial,
186	186	or disqualification;
187	187	(2) the review procedure provided by Subsection (b);
188	188	and
189	189	(3) the earliest date the person may appeal the action
190	190	of the commissioner.
191	191	(b) A person whose certificate has been suspended or revoked
192	192	or who has been denied a certificate or the opportunity to take an
193	193	examination and who has exhausted the person's administrative
194	194	appeals may file an action in the district court in Travis County
195	195	for review of the evidence presented to the commissioner and the
196	196	decision of the commissioner.
197	197	(c) The petition for an action under Subsection (b) must be
198	198	filed not later than the 30th day after the date the commissioner's
199	199	decision is final.
200	200	SECTION 4. Not later than January 1, 2010, the executive
201	201	commissioner of the Health and Human Services Commission shall
202	202	issue the guidelines required by Section 773.0616(b), Health and
203	203	Safety Code, as added by this Act.
204	204	SECTION 5. The changes in law made by this Act to Chapter
205	205	773, Health and Safety Code, apply only to an application for
206	206	certification or renewal of certification of emergency medical
207	207	services personnel submitted on or after January 1, 2010.
208	208	SECTION 6. This Act takes effect September 1, 2009.
209	209	______________________________ ______________________________
210	210	President of the Senate Speaker of the House
211	211	I certify that H.B. No. 2845 was passed by the House on May 5,
212	212	2009, by the following vote: Yeas 144, Nays 0, 1 present, not
213	213	voting; and that the House concurred in Senate amendments to H.B.
214	214	No. 2845 on May 29, 2009, by the following vote: Yeas 140, Nays 0,
215	215	1 present, not voting.
216	216	______________________________
217	217	Chief Clerk of the House
218	218	I certify that H.B. No. 2845 was passed by the Senate, with
219	219	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
220	220	0.
221	221	______________________________
222	222	Secretary of the Senate
223	223	APPROVED: __________________
224	224	Date
225	225	__________________
226	226	Governor