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A BILL TO BE ENTITLED
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AN ACT
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relating to variances from Department of State Health Services |
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rules governing the provision of emergency medical services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 773.052(a), (c), (d), and (f), Health |
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and Safety Code, are amended to read as follows: |
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(a) An emergency medical services provider with a specific |
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hardship may apply to the department for a variance from a rule |
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adopted under this chapter. [The executive commissioner by rule |
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may adopt a fee of not more than $30 for filing an application for a |
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variance.] |
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(c) The department shall grant to an emergency medical |
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services provider who is the [a] sole provider for a service area a |
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variance from the minimum staffing standards [for staffing and |
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equipment] for the provision of [basic life-support] emergency |
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medical services in that service area [if the provider is an |
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emergency medical services provider exempt from the payment of fees |
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under Section 773.0581]. |
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(d) An applicant for a variance under Subsection (c) must |
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submit a letter to the department from the commissioners court of |
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the county or the governing body of the municipality in which the |
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provider intends to operate an emergency medical services vehicle |
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in the provision of emergency medical services in a service area of |
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the county or municipality. [The letter must state that there is no |
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other emergency medical services provider in the service area.] |
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(f) The department shall issue an emergency medical |
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services license to a provider granted a variance under this |
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section. The license is subject to annual review by the department. |
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A provider is encouraged to upgrade staffing [and equipment] to |
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meet the minimum standards set by the rules adopted under this |
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chapter. |
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SECTION 2. Section 773.052, Health and Safety Code, as |
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amended by this Act, applies only to a variance application |
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submitted on or after the effective date of this Act. A variance |
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application submitted before the effective date of this Act is |
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governed by the law applicable to the application on the date the |
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application was submitted, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |