| 1 | 1 | | 88R6149 MCF-F |
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| 2 | 2 | | By: Morales of Maverick H.B. No. 5117 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to variances from Department of State Health Services |
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| 8 | 8 | | rules governing the provision of emergency medical services. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 773.052(a), (c), (d), and (f), Health |
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| 11 | 11 | | and Safety Code, are amended to read as follows: |
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| 12 | 12 | | (a) An emergency medical services provider with a specific |
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| 13 | 13 | | hardship may apply to the department for a variance from a rule |
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| 14 | 14 | | adopted under this chapter. [The executive commissioner by rule |
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| 15 | 15 | | may adopt a fee of not more than $30 for filing an application for a |
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| 16 | 16 | | variance.] |
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| 17 | 17 | | (c) The department shall grant to an emergency medical |
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| 18 | 18 | | services provider who is the [a] sole provider for a service area a |
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| 19 | 19 | | variance from the minimum staffing standards [for staffing and |
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| 20 | 20 | | equipment] for the provision of [basic life-support] emergency |
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| 21 | 21 | | medical services in that service area [if the provider is an |
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| 22 | 22 | | emergency medical services provider exempt from the payment of fees |
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| 23 | 23 | | under Section 773.0581]. |
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| 24 | 24 | | (d) An applicant for a variance under Subsection (c) must |
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| 25 | 25 | | submit a letter to the department from the commissioners court of |
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| 26 | 26 | | the county or the governing body of the municipality in which the |
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| 27 | 27 | | provider intends to operate an emergency medical services vehicle |
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| 28 | 28 | | in the provision of emergency medical services in a service area of |
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| 29 | 29 | | the county or municipality. [The letter must state that there is no |
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| 30 | 30 | | other emergency medical services provider in the service area.] |
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| 31 | 31 | | (f) The department shall issue an emergency medical |
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| 32 | 32 | | services license to a provider granted a variance under this |
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| 33 | 33 | | section. The license is subject to annual review by the department. |
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| 34 | 34 | | A provider is encouraged to upgrade staffing [and equipment] to |
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| 35 | 35 | | meet the minimum standards set by the rules adopted under this |
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| 36 | 36 | | chapter. |
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| 37 | 37 | | SECTION 2. Section 773.052, Health and Safety Code, as |
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| 38 | 38 | | amended by this Act, applies only to a variance application |
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| 39 | 39 | | submitted on or after the effective date of this Act. A variance |
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| 40 | 40 | | application submitted before the effective date of this Act is |
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| 41 | 41 | | governed by the law applicable to the application on the date the |
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| 42 | 42 | | application was submitted, and that law is continued in effect for |
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| 43 | 43 | | that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2023. |
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