1-1  By:  Glaze (Senate Sponsor - Patterson)               H.B. No. 1604
    1-2        (In the Senate - Received from the House May 11, 1995;
    1-3  May 12, 1995, read first time and referred to Committee on Health
    1-4  and Human Services; May 17, 1995, reported favorably by the
    1-5  following vote:  Yeas 9, Nays 0; May 17, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the regulation of emergency medical services providers
    1-9  and of training programs for those providers.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 773.003(11), Health and Safety Code, is
   1-12  amended to read as follows:
   1-13              (11)  "Emergency medical services provider" means a
   1-14  person who uses or maintains emergency medical services vehicles,
   1-15  medical equipment, and emergency medical services personnel to
   1-16  provide emergency medical services.
   1-17        SECTION 2.  Sections 773.011(c) and (d), Health and Safety
   1-18  Code, are amended to read as follows:
   1-19        (c)  The board shall adopt a rule that requires an emergency
   1-20  medical services provider to secure a surety bond in the amount of
   1-21  sums to be subscribed before soliciting subscriptions and <or to
   1-22  purchase and maintain contractual liability insurance before>
   1-23  creating and operating a subscription program.  The surety bond
   1-24  must be issued by a company that is licensed by or eligible to do
   1-25  business in this state.
   1-26        (d)  The board may adopt rules for waiver of the <contractual
   1-27  liability insurance or> surety bond.
   1-28        SECTION 3.  Section 773.042, Health and Safety Code, is
   1-29  amended to read as follows:
   1-30        Sec. 773.042.  BASIC LIFE-SUPPORT EMERGENCY MEDICAL SERVICES
   1-31  PROVIDER <VEHICLE> QUALIFICATIONS.  A provider <vehicle> qualifies
   1-32  as a basic life-support emergency medical services provider
   1-33  <vehicle> if it provides a vehicle that is designed for
   1-34  transporting the sick or injured and has personnel and sufficient
   1-35  equipment and supplies for providing basic life support.
   1-36        SECTION 4.  Section 773.043, Health and Safety Code, is
   1-37  amended to read as follows:
   1-38        Sec. 773.043.  ADVANCED LIFE-SUPPORT EMERGENCY MEDICAL
   1-39  SERVICES PROVIDER <VEHICLE> QUALIFICATIONS.  A provider <vehicle>
   1-40  qualifies as an advanced life-support emergency medical services
   1-41  provider <vehicle> if it:
   1-42              (1)  meets the requirements of a basic life-support
   1-43  emergency medical services provider <vehicle>; and
   1-44              (2)  has personnel and sufficient equipment and
   1-45  supplies for providing intravenous therapy and endotracheal or
   1-46  esophageal intubation.
   1-47        SECTION 5.  Section 773.044, Health and Safety Code, is
   1-48  amended to read as follows:
   1-49        Sec. 773.044.  MOBILE INTENSIVE-CARE PROVIDER <UNIT>
   1-50  QUALIFICATIONS.  A provider <vehicle> qualifies as a mobile
   1-51  intensive-care provider <unit> if it:
   1-52              (1)  meets the requirements of an advanced life-support
   1-53  emergency medical services provider <vehicle>; and
   1-54              (2)  has personnel and sufficient equipment and
   1-55  supplies to provide cardiac monitoring, defibrillation,
   1-56  cardioversion, drug therapy, and two-way radio communication.
   1-57        SECTION 6.  Section 773.045, Health and Safety Code, is
   1-58  amended to read as follows:
   1-59        Sec. 773.045.  SPECIALIZED EMERGENCY MEDICAL SERVICES
   1-60  PROVIDER <VEHICLE> QUALIFICATIONS.  (a)  A provider using a
   1-61  vehicle, including a helicopter, boat, fixed-wing aircraft, or
   1-62  ground vehicle, qualifies as a specialized emergency medical
   1-63  services provider <vehicle> if <it>:
   1-64              (1)  the vehicle is designed for transporting the sick
   1-65  or injured by air, water, or ground transportation; and
   1-66              (2)  the provider has personnel and sufficient
   1-67  equipment and supplies to provide for the specialized needs of the
   1-68  patient transported.
    2-1        (b)  A fixed-wing aircraft and staff used to transport a
    2-2  patient by stretcher and that advertises as an air ambulance
    2-3  service is required to be licensed by the department.
    2-4        SECTION 7.  Sections 773.050(b), (c), and (d), Health and
    2-5  Safety Code, are amended to read as follows:
    2-6        (b)  The board by rule shall establish minimum standards for:
    2-7              (1)  staffing an advanced life-support emergency
    2-8  medical services vehicle, a mobile intensive-care unit, or a
    2-9  specialized emergency medical services vehicle;
   2-10              (2)  emergency medical services personnel certification
   2-11  and performance, including provisional certification,
   2-12  certification, decertification, recertification, suspension,
   2-13  emergency suspension, and probation;
   2-14              (3)  the approval of courses and training programs, the
   2-15  certification of program instructors, examiners, and course
   2-16  coordinators for emergency medical services personnel training, and
   2-17  the revocation and probation of an approval or certification;
   2-18              (4)  continuing education programs and examinations of
   2-19  emergency medical services personnel;
   2-20              (5)  medical supervision of basic and advanced
   2-21  life-support systems;
   2-22              (6)  granting, suspending, and revoking a license for
   2-23  emergency medical services providers; and
   2-24              (7)  emergency medical services vehicles.
   2-25        (c)  The board shall consider the education, training, and
   2-26  experience of allied health professionals in adopting the minimum
   2-27  standards for emergency medical services personnel certification
   2-28  and may establish criteria for interstate reciprocity of emergency
   2-29  medical services personnel.  Each out-of-state application for
   2-30  certification must be accompanied by a nonrefundable fee of $100.
   2-31  The board may also establish criteria for out-of-country emergency
   2-32  medical services personnel certification.  Each out-of-country
   2-33  application for certification must be accompanied by a
   2-34  nonrefundable fee of $150.
   2-35        (d)  The board may not adopt a rule that requires any system,
   2-36  service, or agency to provide advanced life-support or staffing
   2-37  beyond basic life-support levels except for providers <the
   2-38  operation> of:
   2-39              (1)  <an> advanced life-support emergency medical
   2-40  services <vehicle>;
   2-41              (2)  <a> mobile intensive care <intensive-care unit>;
   2-42  or
   2-43              (3)  <a> specialized emergency medical services
   2-44  <vehicle that provides advanced life support>.
   2-45        SECTION 8.  Section 773.051, Health and Safety Code, is
   2-46  amended to read as follows:
   2-47        Sec. 773.051.  MUNICIPAL REGULATION.  A municipality may
   2-48  establish standards for <staffing or equipping> an emergency
   2-49  medical services provider <vehicle> that are stricter than the
   2-50  minimum standards of this chapter and department rules adopted
   2-51  under this chapter.
   2-52        SECTION 9.  Section 773.054, Health and Safety Code, is
   2-53  amended by amending Subsection (c) and adding Subsection (d) to
   2-54  read as follows:
   2-55        (c)  Each application under Subsection (a)(3) must be
   2-56  accompanied by a nonrefundable fee of $25 for a program instructor
   2-57  or examiner or $50 for a course coordinator.  The department may
   2-58  not require a fee for a certification from an instructor, examiner,
   2-59  or coordinator who does not receive compensation for providing
   2-60  services.
   2-61        (d)  Each application under Subsection (a)(2) must be
   2-62  accompanied by a nonrefundable fee of $25 for a basic course or
   2-63  training program or $50 for an advanced course or training program.
   2-64  The department may not require a fee for approval of a course or
   2-65  training program if the course coordinator or sponsoring agency
   2-66  does not receive compensation for providing the course or training
   2-67  program.
   2-68        SECTION 10.  Section 773.055(a), Health and Safety Code, is
   2-69  amended to read as follows:
   2-70        (a)  A nonrefundable fee must accompany each application for
    3-1  emergency medical services personnel certification.  The fee may
    3-2  not exceed:
    3-3              (1)  $75 for <examination for certification of> an
    3-4  emergency medical technician-paramedic or emergency medical
    3-5  technician-intermediate;
    3-6              (2)  $50 for <examination for certification of> an
    3-7  emergency medical technician or emergency care attendant;
    3-8              (3)  $75 for recertification of an emergency medical
    3-9  technician-paramedic or emergency medical technician-intermediate;
   3-10  or
   3-11              (4)  $50 for recertification of an emergency medical
   3-12  technician or emergency care attendant.
   3-13        SECTION 11.  Section 773.056(b), Health and Safety Code, is
   3-14  amended to read as follows:
   3-15        (b)  The department shall issue a certificate to each program
   3-16  instructor, examiner, or course coordinator who meets the minimum
   3-17  standards adopted under Section 773.050.  The certificate is valid
   3-18  for two years.  The department shall charge a fee of $5 to replace
   3-19  a lost or stolen certificate.
   3-20        SECTION 12.  Sections 773.057(b) and (c), Health and Safety
   3-21  Code, are amended to read as follows:
   3-22        (b)  A nonrefundable fee determined by the board must
   3-23  accompany each application.  The fee may not exceed $150<:>
   3-24              <(1)  $100> for each emergency medical services vehicle
   3-25  operated by the provider<; or>
   3-26              <(2)  $2,000 for a fleet of emergency medical services
   3-27  vehicles operated by the provider>.
   3-28        (c)  The department may delegate vehicle inspections to the
   3-29  commissioners court of a county or the governing body of a
   3-30  municipality.  The delegation must be made:
   3-31              (1)  at the request of the commissioners court or
   3-32  governing body; and
   3-33              (2)  in accordance with criteria and procedures adopted
   3-34  by the board.
   3-35        SECTION 13.  Section 773.0571, Health and Safety Code, is
   3-36  amended to read as follows:
   3-37        Sec. 773.0571.  REQUIREMENTS <INSPECTION REQUIRED> FOR
   3-38  PROVIDER LICENSE.  The department shall issue to an emergency
   3-39  medical services provider a license that is valid for two years if
   3-40  the department <conducts an inspection and> is satisfied that:
   3-41              (1)  the emergency medical services provider has
   3-42  adequate staff to meet the staffing standards prescribed by this
   3-43  chapter and the rules adopted under this chapter;
   3-44              (2)  each emergency medical services vehicle is
   3-45  adequately constructed, equipped, maintained, and operated to
   3-46  render basic or advanced life support services safely and
   3-47  efficiently;
   3-48              (3)  the emergency medical services provider offers
   3-49  safe and efficient services for emergency prehospital care and
   3-50  transportation of patients; and
   3-51              (4)  the emergency medical services provider complies
   3-52  with the rules adopted by the board under this chapter.
   3-53        SECTION 14.  Section 773.0572, Health and Safety Code, is
   3-54  amended to read as follows:
   3-55        Sec. 773.0572.  PROVISIONAL LICENSES.  The board by rule
   3-56  shall establish conditions under which an emergency medical
   3-57  services provider who fails to meet the minimum standards
   3-58  prescribed by this chapter may be issued a provisional license.
   3-59  The department may issue a provisional license to an emergency
   3-60  medical services provider under this chapter if the department
   3-61  finds that issuing the license would serve the public interest and
   3-62  that the provider meets the requirements of the rules adopted under
   3-63  this section.  A nonrefundable fee of $25 must accompany each
   3-64  application for a provisional license.
   3-65        SECTION 15.  Section 773.0611(c), Health and Safety Code, is
   3-66  amended to read as follows:
   3-67        (c)  The board shall adopt rules for unannounced inspections
   3-68  authorized under this section.  The department or its
   3-69  representative shall perform unannounced inspections in accordance
   3-70  with those rules.  An emergency medical services provider shall pay
    4-1  to the department a nonrefundable fee of $25 if reinspection is
    4-2  necessary to determine compliance with this chapter and the rules
    4-3  adopted under this chapter.
    4-4        SECTION 16.  Section 773.065, Health and Safety Code, is
    4-5  amended to read as follows:
    4-6        Sec. 773.065.  ADMINISTRATIVE PENALTY.  (a)  The commissioner
    4-7  <of health> may assess an administrative penalty against an
    4-8  emergency medical services provider or a course coordinator who
    4-9  violates this chapter or a rule adopted or an order issued under
   4-10  this chapter.
   4-11        (b)  In determining the amount of the penalty, the
   4-12  commissioner shall consider:
   4-13              (1)  the emergency medical services provider's or
   4-14  course coordinator's previous violations;
   4-15              (2)  the seriousness of the violation;
   4-16              (3)  any hazard to the health and safety of the public;
   4-17              (4)  the emergency medical services provider's or
   4-18  course coordinator's demonstrated good faith; and
   4-19              (5)  any other matter as justice may require.
   4-20        (c)  The penalty may not exceed $250 for each violation.
   4-21        (d)  Each day a violation continues may be considered a
   4-22  separate violation.
   4-23        SECTION 17.  Section 773.066, Health and Safety Code, is
   4-24  amended to read as follows:
   4-25        Sec. 773.066.  ASSESSMENT OF ADMINISTRATIVE PENALTY.  (a)  An
   4-26  administrative penalty may be assessed only after an emergency
   4-27  medical services provider or course coordinator charged with a
   4-28  violation is provided notice and given an opportunity to request a
   4-29  hearing.
   4-30        (b)  If a hearing is held, the commissioner shall make
   4-31  findings of fact and shall issue a written decision regarding
   4-32  whether the emergency medical services provider or course
   4-33  coordinator committed a violation and the amount of any penalty to
   4-34  be assessed.
   4-35        (c)  If the emergency medical services provider or course
   4-36  coordinator charged with the violation does not request a hearing,
   4-37  the commissioner shall determine whether the provider or course
   4-38  coordinator committed a violation and the amount of any penalty to
   4-39  be assessed.
   4-40        (d)  After making a determination under Subsection (b) or (c)
   4-41  that a penalty is to be assessed against an emergency medical
   4-42  services provider or a course coordinator, the commissioner shall
   4-43  issue an order requiring that the emergency medical services
   4-44  provider or course coordinator pay the penalty.
   4-45        (e)  Not later than the 30th day after the date an order is
   4-46  issued under Subsection (d), the commissioner shall give written
   4-47  notice of the order to the emergency medical services provider or
   4-48  course coordinator.
   4-49        (f)  The commissioner may consolidate a hearing held under
   4-50  this section with another proceeding.
   4-51        SECTION 18.  Section 773.067, Health and Safety Code, is
   4-52  amended to read as follows:
   4-53        Sec. 773.067.  PAYMENT OF ADMINISTRATIVE PENALTY.  (a)  Not
   4-54  later than the 30th day after the date on which an order charging
   4-55  the emergency medical services provider or course coordinator with
   4-56  a penalty is final as provided by Chapter 2001, Government Code,
   4-57  the person charged shall:
   4-58              (1)  pay the penalty in full;
   4-59              (2)  pay the penalty and file a petition for judicial
   4-60  review contesting the occurrence of the violation, the amount of
   4-61  the penalty, or both the occurrence of the violation and the amount
   4-62  of the penalty; or
   4-63              (3)  without paying the penalty, file a petition for
   4-64  judicial review contesting the occurrence of the violation, the
   4-65  amount of the penalty, or both the occurrence of the violation and
   4-66  the amount of the penalty.
   4-67        (b)  Within the 30-day period, a person who acts under
   4-68  Subsection (a)(3) may:
   4-69              (1)  stay enforcement of the penalty by:
   4-70                    (A)  paying the amount of the penalty to the
    5-1  court for placement in an escrow account; or
    5-2                    (B)  giving to the court a supersedeas bond that
    5-3  is approved by the court for the amount of the penalty and that is
    5-4  effective until all judicial review of the commissioner's order is
    5-5  final; or
    5-6              (2)  request the court to stay enforcement of the
    5-7  penalty by:
    5-8                    (A)  filing with the court a sworn affidavit of
    5-9  the person stating that the person is financially unable to pay the
   5-10  amount of the penalty and is financially unable to give the
   5-11  supersedeas bond; and
   5-12                    (B)  giving a copy of the affidavit to the
   5-13  commissioner by certified mail.
   5-14        (c)  If the commissioner receives a copy of an affidavit
   5-15  under Subsection (b)(2), the commissioner may file with the court,
   5-16  within five days after the date the copy is received, a contest to
   5-17  the affidavit.  The court shall hold a hearing on the facts alleged
   5-18  in the affidavit as soon as practicable and shall stay the
   5-19  enforcement of the penalty on finding that the alleged facts are
   5-20  true.  The person who files an affidavit has the burden of proving
   5-21  that the person is financially unable to pay the amount of the
   5-22  penalty and to give a supersedeas bond.
   5-23        (d)  If the person does not pay the amount of the penalty and
   5-24  the enforcement of the penalty is not stayed, the commissioner may
   5-25  refer the matter to the attorney general for collection of the
   5-26  amount of the penalty.
   5-27        (e)  Judicial review of the order of the commissioner:
   5-28              (1)  is instituted by filing a petition as provided by
   5-29  Subchapter G, Chapter 2001, Government Code; and
   5-30              (2)  is under the substantial evidence rule.
   5-31        (f)  If the court sustains the occurrence of the violation,
   5-32  the court may uphold or reduce the amount of the penalty and order
   5-33  the person to pay the full or reduced amount of the penalty.  If
   5-34  the court does not sustain the occurrence of the violation, the
   5-35  court shall order that no penalty is owed.
   5-36        (g)  When the judgment of the court becomes final, the court
   5-37  shall proceed under this subsection.  If the person paid the
   5-38  penalty and if the amount of the penalty is reduced or the penalty
   5-39  is not upheld by the court, the court shall order that the
   5-40  appropriate amount plus accrued interest be remitted to the person.
   5-41  The rate of the interest is the rate charged on loans to depository
   5-42  institutions by the New York Federal Reserve Bank, and the interest
   5-43  shall be paid for the period beginning on the date the penalty was
   5-44  paid and ending on the date the penalty is remitted.  If the person
   5-45  gave a supersedeas bond and if the penalty is not upheld by the
   5-46  court, the court shall order the release of the bond.  If the
   5-47  person gave a supersedeas bond and if the amount of the penalty is
   5-48  reduced, the court shall order the release of the bond after the
   5-49  person pays the amount.  <mailed or otherwise transmitted to the
   5-50  provider, the provider shall:>
   5-51              <(1)  pay the penalty in full; or>
   5-52              <(2)  if the provider seeks judicial review of the
   5-53  amount of the penalty, the fact of the violation, or both:>
   5-54                    <(A)  send the amount of the penalty to the
   5-55  commissioner for placement in an escrow account; or>
   5-56                    <(B)  post with the commissioner a bond for the
   5-57  amount of the penalty.>
   5-58        <(b)  A bond posted under this section must be in a form
   5-59  approved by the commissioner and must be effective until judicial
   5-60  review of the order is final.>
   5-61        <(c)  An emergency medical services provider who does not
   5-62  send the amount of the penalty to the commissioner or post the bond
   5-63  within the period prescribed by Subsection (a) may not contest the
   5-64  violation or the amount of the penalty.>
   5-65        SECTION 19.  Sections 773.010, 773.053, and 773.068, Health
   5-66  and Safety Code, are repealed.
   5-67        SECTION 20.  Section 774.003(b), Health and Safety Code, is
   5-68  amended to read as follows:
   5-69        (b)  In providing for the services authorized by Subsection
   5-70  (a), a commissioners court may enter into exclusive agreements with
    6-1  any municipality, hospital district, sheriff's office, fire
    6-2  department, private ambulance service, or other agency or entity
    6-3  that the commissioners court finds to be suitably organized to
    6-4  provide efficient emergency ambulance service in the county.  The
    6-5  governing body of a municipality or hospital district in which
    6-6  emergency ambulance service is to be rendered must approve an
    6-7  agreement made with the commissioners court to provide that service
    6-8  in the municipality or hospital district.
    6-9        SECTION 21.  The importance of this legislation and the
   6-10  crowded condition of the calendars in both houses create an
   6-11  emergency and an imperative public necessity that the
   6-12  constitutional rule requiring bills to be read on three several
   6-13  days in each house be suspended, and this rule is hereby suspended,
   6-14  and that this Act take effect and be in force from and after its
   6-15  passage, and it is so enacted.
   6-16                               * * * * *