83R8069 KKR-F
By: Raymond H.B. No. 1342
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for obtaining an emergency medical
services provider license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 773.0571, Health and Safety Code, is
amended to read as follows:
Sec. 773.0571. REQUIREMENTS FOR PROVIDER LICENSE. The
department shall issue to an emergency medical services provider
applicant a license that is valid for two years if the department is
satisfied that:
(1) the applicant [emergency medical services
provider] has adequate staff to meet the staffing standards
prescribed by this chapter and the rules adopted under this
chapter;
(2) each emergency medical services vehicle is
adequately constructed, equipped, maintained, and operated to
render basic or advanced life support services safely and
efficiently;
(3) the applicant [emergency medical services
provider] offers safe and efficient services for emergency
prehospital care and transportation of patients; [and]
(4) the applicant:
(A) possesses sufficient professional experience
and qualifications to provide emergency medical services; and
(B) has not been excluded from participation in
the state Medicaid program;
(5) the applicant holds a certificate of local need
and necessity issued under Section 773.0573 by the governing body
of the municipality or the commissioners court of the county in
which the applicant is applying to provide emergency medical
services, as applicable; and
(6) [(4)] the applicant [emergency medical services
provider] complies with the rules adopted [by the board] under this
chapter.
SECTION 2. Subchapter C, Chapter 773, Health and Safety
Code, is amended by adding Section 773.0573 to read as follows:
Sec. 773.0573. CERTIFICATE OF LOCAL NEED AND NECESSITY.
(a) An emergency medical services provider applicant must obtain a
certificate of local need and necessity from:
(1) the governing body of the municipality in which
the applicant is located and is applying to provide emergency
medical services; or
(2) if the applicant is not located in a municipality,
the commissioners court of the county in which the applicant is
located and is applying to provide emergency medical services.
(b) A governing body of a municipality or a commissioners
court of a county may issue a certificate of local need and
necessity to an emergency medical services provider applicant who
is applying to provide emergency medical services in the
municipality or county only if the governing body or commissioners
court determines that:
(1) the addition of another licensed emergency medical
services provider will not interfere with or adversely affect the
provision of emergency medical services by the licensed emergency
medical services providers operating in the municipality or county;
(2) the addition of another licensed emergency medical
services provider will remedy an existing provider shortage that
cannot be resolved through the use of the licensed emergency
medical services providers operating in the municipality or county;
and
(3) the addition of another licensed emergency medical
services provider will not cause an oversupply of licensed
emergency medical services providers in the municipality or county.
(c) This section does not apply to:
(1) renewal of an emergency medical services provider
license; or
(2) a municipality, county, emergency medical
services district, hospital, or emergency medical services
volunteer provider organization in this state that applies for an
emergency medical services provider license.
SECTION 3. The change in law made by this Act applies only
to an application for approval of an emergency medical services
provider license submitted to the Department of State Health
Services on or after the effective date of this Act. An application
submitted before the effective date of this Act is governed by the
law in effect immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2013.