H.B. No. 2845
AN ACT
relating to the certification of and disciplinary actions against
emergency medical services personnel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 53.002, Occupations Code, is amended to
read as follows:
Sec. 53.002. APPLICABILITY OF CHAPTER. This chapter does
not apply to:
(1) the Supreme Court of Texas, a person licensed
under the court's authority on behalf of the judicial department of
government, or an applicant for a license issued under the court's
authority on behalf of the judicial department of government;
(2) a peace officer or an applicant for a license as a
peace officer described by Article 2.12, Code of Criminal
Procedure; [or]
(3) an applicant for certification as emergency
medical services personnel under Chapter 773, Health and Safety
Code; or
(4) a person who:
(A) is licensed by the Texas [State Board of]
Medical Board [Examiners], the Texas State Board of Pharmacy, the
State Board of Dental Examiners, or the State Board of Veterinary
Medical Examiners; and
(B) has been convicted of a felony under Chapter
481 or 483 or Section 485.033, Health and Safety Code.
SECTION 2. Section 773.050, Health and Safety Code, is
amended by amending Subsections (b), (c), (d), (e), and (f) and
adding Subsection (h) to read as follows:
(b) The executive commissioner [board] by rule shall
establish minimum standards for:
(1) staffing an advanced life-support emergency
medical services vehicle, a mobile intensive-care unit, or a
specialized emergency medical services vehicle;
(2) emergency medical services personnel
certification and performance, including provisional
certification, certification, decertification, recertification,
suspension, emergency suspension, and probation;
(3) the approval of courses and training programs, the
certification of program instructors, examiners, and course
coordinators for emergency medical services personnel training,
and the revocation and probation of an approval or certification;
(4) examinations of emergency medical services
personnel;
(5) medical supervision of basic and advanced
life-support systems;
(6) granting, suspending, and revoking a license for
emergency medical services providers; and
(7) emergency medical services vehicles.
(c) The executive commissioner [board] shall consider the
education, training, criminal background, and experience of allied
health professionals in adopting the minimum standards for
emergency medical services personnel certification and may
establish criteria for interstate reciprocity of emergency medical
services personnel. Each out-of-state application for
certification must be accompanied by a nonrefundable fee of not
more than $120. The executive commissioner [board] may also
establish criteria for out-of-country emergency medical services
personnel certification. Each out-of-country application for
certification must be accompanied by a nonrefundable fee of not
more than $180.
(d) The executive commissioner [board] may not adopt a rule
that requires any system, service, or agency to provide advanced
life-support or staffing beyond basic life-support levels except
for providers of:
(1) advanced life-support emergency medical services;
(2) mobile intensive care; or
(3) specialized emergency medical services.
(e) The executive commissioner [board] shall adopt minimum
standards for recognition of first responder organizations.
(f) The executive commissioner [board] shall recognize,
prepare, or administer continuing education programs for certified
personnel. A certificate holder must participate in the programs
to the extent required by the executive commissioner [board] to
remain certified.
(h) The department may provide a prescreening criminal
history record check for an emergency medical services personnel
applicant to determine the applicant's eligibility to receive
certification before enrollment in the educational and training
requirements mandated by the executive commissioner. The
department may charge a reasonable fee for the costs associated
with prescreening to each applicant who requests prescreening.
SECTION 3. Subchapter C, Chapter 773, Health and Safety
Code, is amended by adding Sections 773.0614, 773.0615, 773.0616,
and 773.0617 to read as follows:
Sec. 773.0614. AUTHORITY TO REVOKE, SUSPEND, DISQUALIFY
FOR, OR DENY CERTIFICATION OF EMERGENCY MEDICAL SERVICES PERSONNEL
FOR CERTAIN CRIMINAL OFFENSES. (a) In addition to the grounds
under Section 773.061, the commissioner may suspend or revoke a
certificate, disqualify a person from receiving a certificate, or
deny a person the opportunity to take a certification examination
on the grounds that the person has been convicted of, or placed on
deferred adjudication community supervision or deferred
disposition for, an offense that directly relates to the duties and
responsibilities of emergency medical services personnel.
(b) For purposes of Subsection (a), the department may not
consider offenses for which points are assessed under Section
708.052, Transportation Code.
(c) A certificate holder's certificate shall be revoked if
the certificate holder is convicted of or placed on deferred
adjudication community supervision or deferred disposition for:
(1) an offense listed in Sections 3g(a)(1)(A) through
(H), Article 42.12, Code of Criminal Procedure; or
(2) an offense, other than an offense described by
Subdivision (1), committed on or after September 1, 2009, for which
the person is subject to registration under Chapter 62, Code of
Criminal Procedure.
Sec. 773.0615. FACTORS CONSIDERED IN SUSPENSION,
REVOCATION, OR DENIAL OF CERTIFICATE. (a) In determining whether
an offense directly relates to the duties and responsibilities of
emergency medical services personnel under Section 773.0614(a),
the commissioner shall consider:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purposes for
requiring certification to engage in emergency medical services;
(3) the extent to which certification might offer an
opportunity to engage in further criminal activity of the same type
as that in which the person previously had been involved; and
(4) the relationship of the crime to the ability,
capacity, or fitness required to perform the duties and discharge
the responsibilities of emergency medical services personnel.
(b) In determining the fitness to perform the duties and
discharge the responsibilities of emergency medical services
personnel for a person who has been convicted of, or placed on
deferred adjudication community supervision or deferred
disposition for, a crime the commissioner shall consider, in
addition to the factors listed in Subsection (a):
(1) the extent and nature of the person's past criminal
activity;
(2) the age of the person when the crime was committed;
(3) the amount of time that has elapsed since the
person's last criminal activity;
(4) the conduct and work activity of the person before
and after the criminal activity;
(5) evidence of the person's rehabilitation or
rehabilitative effort while incarcerated, after release, or since
imposition of community supervision or deferred adjudication; and
(6) other evidence of the person's fitness, including
letters of recommendation from:
(A) prosecutors, law enforcement officers,
correctional officers, or community supervision officers who
prosecuted, arrested, or had custodial or other responsibility for
the person;
(B) the sheriff or chief of police in the
community where the person resides; and
(C) any other person in contact with the person.
(c) The applicant or certificate holder has the
responsibility, to the extent possible, to obtain and provide to
the commissioner the recommendations of the persons required by
Subsection (b)(6).
(d) In addition to providing evidence related to the factors
under Subsection (b), the applicant or certificate holder shall
furnish proof in the form required by the department that the
applicant or certificate holder has:
(1) maintained a record of steady employment;
(2) supported the applicant's or certificate holder's
dependents;
(3) maintained a record of good conduct; and
(4) paid all outstanding court costs, supervision
fees, fines, and restitution ordered in any criminal case in which
the applicant or certificate holder has been convicted, been placed
on community supervision, or received deferred adjudication.
Sec. 773.0616. PROCEEDINGS GOVERNED BY ADMINISTRATIVE
PROCEDURE ACT; GUIDELINES. (a) A proceeding before the
commissioner to consider the issues under Section 773.0615 is
governed by Chapter 2001, Government Code.
(b) The executive commissioner shall issue guidelines
relating to the commissioner's decision-making under Sections
773.0614 and 773.0615. The guidelines must state the reasons a
particular crime is considered to relate to emergency medical
services personnel and include any other criterion that may affect
the decisions of the commissioner.
(c) The executive commissioner shall file the guidelines
with the secretary of state for publication in the Texas Register.
(d) The department annually shall issue any amendments to
the guidelines.
Sec. 773.0617. NOTICE AND REVIEW OF SUSPENSION, REVOCATION,
DISQUALIFICATION FOR, OR DENIAL OF CERTIFICATION. (a) If the
commissioner suspends or revokes a certification, denies a person a
certificate, or denies the opportunity to be examined for a
certificate under Section 773.0614, the commissioner shall notify
the person in writing of:
(1) the reason for the suspension, revocation, denial,
or disqualification;
(2) the review procedure provided by Subsection (b);
and
(3) the earliest date the person may appeal the action
of the commissioner.
(b) A person whose certificate has been suspended or revoked
or who has been denied a certificate or the opportunity to take an
examination and who has exhausted the person's administrative
appeals may file an action in the district court in Travis County
for review of the evidence presented to the commissioner and the
decision of the commissioner.
(c) The petition for an action under Subsection (b) must be
filed not later than the 30th day after the date the commissioner's
decision is final.
SECTION 4. Not later than January 1, 2010, the executive
commissioner of the Health and Human Services Commission shall
issue the guidelines required by Section 773.0616(b), Health and
Safety Code, as added by this Act.
SECTION 5. The changes in law made by this Act to Chapter
773, Health and Safety Code, apply only to an application for
certification or renewal of certification of emergency medical
services personnel submitted on or after January 1, 2010.
SECTION 6. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2845 was passed by the House on May 5,
2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2845 on May 29, 2009, by the following vote: Yeas 140, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2845 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor