By:  Patterson                                         S.B. No. 998
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the regulation of emergency medical services providers
    1-2  and of training programs for those providers.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 773.003(11), Health and Safety Code, is
    1-5  amended to read as follows:
    1-6              (11)  "Emergency medical services provider" means a
    1-7  person who uses or maintains emergency medical services vehicles,
    1-8  medical equipment, and emergency medical services personnel to
    1-9  provide emergency medical services.
   1-10        SECTION 2.  Sections 773.011(c) and (d), Health and Safety
   1-11  Code, are amended to read as follows:
   1-12        (c)  The board shall adopt a rule that requires an emergency
   1-13  medical services provider to secure a surety bond in the amount of
   1-14  sums to be subscribed before soliciting subscriptions and <or to
   1-15  purchase and maintain contractual liability insurance before>
   1-16  creating and operating a subscription program.  The surety bond
   1-17  must be issued by a company that is licensed by or eligible to do
   1-18  business in this state.
   1-19        (d)  The board may adopt rules for waiver of the <contractual
   1-20  liability insurance or> surety bond.
   1-21        SECTION 3.  Section 773.042, Health and Safety Code, is
   1-22  amended to read as follows:
   1-23        Sec. 773.042.  BASIC LIFE-SUPPORT EMERGENCY MEDICAL SERVICES
    2-1  PROVIDER <VEHICLE> QUALIFICATIONS.  A provider <vehicle> qualifies
    2-2  as a basic life-support emergency medical services provider
    2-3  <vehicle> if it provides a vehicle that is designed for
    2-4  transporting the sick or injured and has personnel and sufficient
    2-5  equipment and supplies for providing basic life support.
    2-6        SECTION 4.  Section 773.043, Health and Safety Code, is
    2-7  amended to read as follows:
    2-8        Sec. 773.043.  ADVANCED LIFE-SUPPORT EMERGENCY MEDICAL
    2-9  SERVICES PROVIDER <VEHICLE> QUALIFICATIONS.  A provider <vehicle>
   2-10  qualifies as an advanced life-support emergency medical services
   2-11  provider <vehicle> if it:
   2-12              (1)  meets the requirements of a basic life-support
   2-13  emergency medical services provider <vehicle>; and
   2-14              (2)  has personnel and sufficient equipment and
   2-15  supplies for providing intravenous therapy and endotracheal or
   2-16  esophageal intubation.
   2-17        SECTION 5.  Section 773.044, Health and Safety Code, is
   2-18  amended to read as follows:
   2-19        Sec. 773.044.  MOBILE INTENSIVE-CARE PROVIDER <UNIT>
   2-20  QUALIFICATIONS.  A provider <vehicle> qualifies as a mobile
   2-21  intensive-care provider <unit> if it:
   2-22              (1)  meets the requirements of an advanced life-support
   2-23  emergency medical services provider <vehicle>; and
   2-24              (2)  has personnel and sufficient equipment and
   2-25  supplies to provide cardiac monitoring, defibrillation,
    3-1  cardioversion, drug therapy, and two-way radio communication.
    3-2        SECTION 6.  Section 773.045, Health and Safety Code, is
    3-3  amended to read as follows:
    3-4        Sec. 773.045.  SPECIALIZED EMERGENCY MEDICAL SERVICES
    3-5  PROVIDER <VEHICLE> QUALIFICATIONS.  (a)  A provider using a
    3-6  vehicle, including a helicopter, boat, fixed-wing aircraft, or
    3-7  ground vehicle, qualifies as a specialized emergency medical
    3-8  services provider <vehicle> if <it>:
    3-9              (1)  the vehicle is designed for transporting the sick
   3-10  or injured by air, water, or ground transportation; and
   3-11              (2)  the provider has personnel and sufficient
   3-12  equipment and supplies to provide for the specialized needs of the
   3-13  patient transported.
   3-14        (b)  A fixed-wing aircraft and staff used to transport a
   3-15  patient by stretcher and that advertises as an air ambulance
   3-16  service is required to be licensed by the department.
   3-17        SECTION 7.  Sections 773.050(b), (c), and (d), Health and
   3-18  Safety Code, are amended to read as follows:
   3-19        (b)  The board by rule shall establish minimum standards for:
   3-20              (1)  staffing an advanced life-support emergency
   3-21  medical services vehicle, a mobile intensive-care unit, or a
   3-22  specialized emergency medical services vehicle;
   3-23              (2)  emergency medical services personnel certification
   3-24  and performance, including provisional certification,
   3-25  certification, decertification, recertification, suspension,
    4-1  emergency suspension, and probation;
    4-2              (3)  the approval of courses and training programs, the
    4-3  certification of program instructors, examiners, and course
    4-4  coordinators for emergency medical services personnel training, and
    4-5  the revocation and probation of an approval or certification;
    4-6              (4)  continuing education programs and examinations of
    4-7  emergency medical services personnel;
    4-8              (5)  medical supervision of basic and advanced
    4-9  life-support systems;
   4-10              (6)  granting, suspending, and revoking a license for
   4-11  emergency medical services providers; <and>
   4-12              (7)  emergency medical services vehicles; and
   4-13              (8)  the scope of practice of emergency medical
   4-14  services personnel.
   4-15        (c)  The board shall consider the education, training, and
   4-16  experience of allied health professionals in adopting the minimum
   4-17  standards for emergency medical services personnel certification
   4-18  and may establish criteria for interstate reciprocity of emergency
   4-19  medical services personnel.  Each out-of-state application for
   4-20  certification must be accompanied by a nonrefundable fee of $100.
   4-21  The board may also establish criteria for out-of-country emergency
   4-22  medical services personnel certification.  Each out-of-country
   4-23  application for certification must be accompanied by a
   4-24  nonrefundable fee of $150.
   4-25        (d)  The board may not adopt a rule that requires any system,
    5-1  service, or agency to provide advanced life-support or staffing
    5-2  beyond basic life-support levels except for providers <the
    5-3  operation> of:
    5-4              (1)  <an> advanced life-support emergency medical
    5-5  services <vehicle>;
    5-6              (2)  <a> mobile intensive care <intensive-care unit>;
    5-7  or
    5-8              (3)  <a> specialized emergency medical services
    5-9  <vehicle that provides advanced life support>.
   5-10        SECTION 8.  Section 773.051, Health and Safety Code, is
   5-11  amended to read as follows:
   5-12        Sec. 773.051.  MUNICIPAL REGULATION.  A municipality may
   5-13  establish standards for <staffing or equipping> an emergency
   5-14  medical services provider <vehicle> that are stricter than the
   5-15  minimum standards of this chapter and department rules adopted
   5-16  under this chapter.
   5-17        SECTION 9.  Section 773.054, Health and Safety Code, is
   5-18  amended by amending Subsection (c) and adding Subsection (d) to
   5-19  read as follows:
   5-20        (c)  Each application under Subsection (a)(3) must be
   5-21  accompanied by a nonrefundable fee of $25 for a program instructor
   5-22  or examiner or $50 for a course coordinator.  The department may
   5-23  not require a fee for a certification from an instructor, examiner,
   5-24  or coordinator who does not receive compensation for providing
   5-25  services.
    6-1        (d)  Each application under Subsection (a)(2) must be
    6-2  accompanied by a nonrefundable fee of $25 for a basic course or
    6-3  training program or $50 for an advanced course or training program.
    6-4  The department may not require a fee for approval of a course or
    6-5  training program if the course coordinator or sponsoring agency
    6-6  does not receive compensation for providing the course or training
    6-7  program.
    6-8        SECTION 10.  Section 773.055(a), Health and Safety Code, is
    6-9  amended to read as follows:
   6-10        (a)  A nonrefundable fee must accompany each application for
   6-11  emergency medical services personnel certification.  The fee may
   6-12  not exceed:
   6-13              (1)  $75 for <examination for certification of> an
   6-14  emergency medical technician-paramedic or emergency medical
   6-15  technician-intermediate;
   6-16              (2)  $50 for <examination for certification of> an
   6-17  emergency medical technician or emergency care attendant;
   6-18              (3)  $75 for recertification of an emergency medical
   6-19  technician-paramedic or emergency medical technician-intermediate;
   6-20  or
   6-21              (4)  $50 for recertification of an emergency medical
   6-22  technician or emergency care attendant.
   6-23        SECTION 11.  Section 773.056(b), Health and Safety Code, is
   6-24  amended to read as follows:
   6-25        (b)  The department shall issue a certificate to each program
    7-1  instructor, examiner, or course coordinator who meets the minimum
    7-2  standards adopted under Section 773.050.  The certificate is valid
    7-3  for two years.  The department shall charge a fee of $5 to replace
    7-4  a lost or stolen certificate.
    7-5        SECTION 12.  Sections 773.057(b) and (c), Health and Safety
    7-6  Code, are amended to read as follows:
    7-7        (b)  A nonrefundable fee of $150 for each emergency medical
    7-8  services patient transport vehicle owned by the provider and
    7-9  operating in this state <determined by the board> must accompany
   7-10  each application.  <The fee may not exceed:>
   7-11              <(1)  $100 for each emergency medical services vehicle
   7-12  operated by the provider; or>
   7-13              <(2)  $2,000 for a fleet of emergency medical services
   7-14  vehicles operated by the provider.>
   7-15        (c)  The department may delegate vehicle inspections to the
   7-16  commissioners court of a county or the governing body of a
   7-17  municipality.  The delegation must be made:
   7-18              (1)  at the request of the commissioners court or
   7-19  governing body; and
   7-20              (2)  in accordance with criteria and procedures adopted
   7-21  by the board.
   7-22        SECTION 13.  Section 773.0571, Health and Safety Code, is
   7-23  amended to read as follows:
   7-24        Sec. 773.0571.  REQUIREMENTS <INSPECTION REQUIRED> FOR
   7-25  PROVIDER LICENSE.  The department shall issue to an emergency
    8-1  medical services provider a license that is valid for two years if
    8-2  the department <conducts an inspection and> is satisfied that:
    8-3              (1)  the emergency medical services provider has
    8-4  adequate staff to meet the staffing standards prescribed by this
    8-5  chapter and the rules adopted under this chapter;
    8-6              (2)  each emergency medical services vehicle is
    8-7  adequately constructed, equipped, maintained, and operated to
    8-8  render basic or advanced life support services safely and
    8-9  efficiently;
   8-10              (3)  the emergency medical services provider offers
   8-11  safe and efficient services for emergency prehospital care and
   8-12  transportation of patients; and
   8-13              (4)  the emergency medical services provider complies
   8-14  with the rules adopted by the board under this chapter.
   8-15        SECTION 14.  Section 773.0572, Health and Safety Code, is
   8-16  amended to read as follows:
   8-17        Sec. 773.0572.  PROVISIONAL LICENSES.  The board by rule
   8-18  shall establish conditions under which an emergency medical
   8-19  services provider who fails to meet the minimum standards
   8-20  prescribed by this chapter may be issued a provisional license.
   8-21  The department may issue a provisional license to an emergency
   8-22  medical services provider under this chapter if the department
   8-23  finds that issuing the license would serve the public interest and
   8-24  that the provider meets the requirements of the rules adopted under
   8-25  this section.  A nonrefundable fee of $25 must accompany each
    9-1  application for a provisional license.
    9-2        SECTION 15.  Section 773.0611(c), Health and Safety Code, is
    9-3  amended to read as follows:
    9-4        (c)  The board shall adopt rules for unannounced inspections
    9-5  authorized under this section.  The department or its
    9-6  representative shall perform unannounced inspections in accordance
    9-7  with those rules.  An emergency medical services provider shall pay
    9-8  to the department a nonrefundable fee of $25 if reinspection is
    9-9  necessary to determine compliance with this chapter and the rules
   9-10  adopted under this chapter.
   9-11        SECTION 16.  Section 773.065, Health and Safety Code, is
   9-12  amended to read as follows:
   9-13        Sec. 773.065.  ADMINISTRATIVE PENALTY.  (a)  The commissioner
   9-14  <of health> may assess an administrative penalty against an
   9-15  emergency medical services provider or a course coordinator who
   9-16  violates this chapter or a rule adopted or an order issued under
   9-17  this chapter.
   9-18        (b)  In determining the amount of the penalty, the
   9-19  commissioner shall consider:
   9-20              (1)  the emergency medical services provider's or
   9-21  course coordinator's previous violations;
   9-22              (2)  the seriousness of the violation;
   9-23              (3)  any hazard to the health and safety of the public;
   9-24              (4)  the emergency medical services provider's or
   9-25  course coordinator's demonstrated good faith; and
   10-1              (5)  any other matter as justice may require.
   10-2        (c)  The penalty may not exceed $250 for each violation.
   10-3        (d)  Each day a violation continues may be considered a
   10-4  separate violation.
   10-5        SECTION 17.  Section 773.066, Health and Safety Code, is
   10-6  amended to read as follows:
   10-7        Sec. 773.066.  ASSESSMENT OF ADMINISTRATIVE PENALTY.  (a)  An
   10-8  administrative penalty may be assessed only after an emergency
   10-9  medical services provider or course coordinator charged with a
  10-10  violation is provided notice and given an opportunity to request a
  10-11  hearing.
  10-12        (b)  If a hearing is held, the commissioner shall make
  10-13  findings of fact and shall issue a written decision regarding
  10-14  whether the emergency medical services provider or course
  10-15  coordinator committed a violation and the amount of any penalty to
  10-16  be assessed.
  10-17        (c)  If the emergency medical services provider or course
  10-18  coordinator charged with the violation does not request a hearing,
  10-19  the commissioner shall determine whether the provider or course
  10-20  coordinator committed a violation and the amount of any penalty to
  10-21  be assessed.
  10-22        (d)  After making a determination under Subsection (b) or (c)
  10-23  that a penalty is to be assessed against an emergency medical
  10-24  services provider or a course coordinator, the commissioner shall
  10-25  issue an order requiring that the emergency medical services
   11-1  provider or course coordinator pay the penalty.
   11-2        (e)  Not later than the 30th day after the date an order is
   11-3  issued under Subsection (d), the commissioner shall give written
   11-4  notice of the order to the emergency medical services provider or
   11-5  course coordinator.
   11-6        (f)  The commissioner may consolidate a hearing held under
   11-7  this section with another proceeding.
   11-8        SECTION 18.  Section 773.067, Health and Safety Code, is
   11-9  amended to read as follows:
  11-10        Sec. 773.067.  PAYMENT OF ADMINISTRATIVE PENALTY.  (a)  Not
  11-11  later than the 30th day after the date on which an order charging
  11-12  the emergency medical services provider or course coordinator with
  11-13  a penalty is final as provided by Chapter 2001, Government Code,
  11-14  the person charged shall:
  11-15              (1)  pay the penalty in full;
  11-16              (2)  pay the penalty and file a petition for judicial
  11-17  review contesting the occurrence of the violation, the amount of
  11-18  the penalty, or both the occurrence of the violation and the amount
  11-19  of the penalty; or
  11-20              (3)  without paying the penalty, file a petition for
  11-21  judicial review contesting the occurrence of the violation, the
  11-22  amount of the penalty, or both the occurrence of the violation and
  11-23  the amount of the penalty.
  11-24        (b)  Within the 30-day period, a person who acts under
  11-25  Subsection (a)(3) may:
   12-1              (1)  stay enforcement of the penalty by:
   12-2                    (A)  paying the amount of the penalty to the
   12-3  court for placement in an escrow account; or
   12-4                    (B)  giving to the court a supersedeas bond that
   12-5  is approved by the court for the amount of the penalty and that is
   12-6  effective until all judicial review of the commissioner's order is
   12-7  final; or
   12-8              (2)  request the court to stay enforcement of the
   12-9  penalty by:
  12-10                    (A)  filing with the court a sworn affidavit of
  12-11  the person stating that the person is financially unable to pay the
  12-12  amount of the penalty and is financially unable to give the
  12-13  supersedeas bond; and
  12-14                    (B)  giving a copy of the affidavit to the
  12-15  commissioner by certified mail.
  12-16        (c)  If the commissioner receives a copy of an affidavit
  12-17  under Subsection (b)(2), the commissioner may file with the court,
  12-18  within five days after the date the copy is received, a contest to
  12-19  the affidavit.  The court shall hold a hearing on the facts alleged
  12-20  in the affidavit as soon as practicable and shall stay the
  12-21  enforcement of the penalty on finding that the alleged facts are
  12-22  true.  The person who files an affidavit has the burden of proving
  12-23  that the person is financially unable to pay the amount of the
  12-24  penalty and to give a supersedeas bond.
  12-25        (d)  If the person does not pay the amount of the penalty and
   13-1  the enforcement of the penalty is not stayed, the commissioner may
   13-2  refer the matter to the attorney general for collection of the
   13-3  amount of the penalty.
   13-4        (e)  Judicial review of the order of the commissioner:
   13-5              (1)  is instituted by filing a petition as provided by
   13-6  Subchapter G, Chapter 2001, Government Code; and
   13-7              (2)  is under the substantial evidence rule.
   13-8        (f)  If the court sustains the occurrence of the violation,
   13-9  the court may uphold or reduce the amount of the penalty and order
  13-10  the person to pay the full or reduced amount of the penalty.  If
  13-11  the court does not sustain the occurrence of the violation, the
  13-12  court shall order that no penalty is owed.
  13-13        (g)  When the judgment of the court becomes final, the court
  13-14  shall proceed under this subsection.  If the person paid the
  13-15  penalty and if the amount of the penalty is reduced or the penalty
  13-16  is not upheld by the court, the court shall order that the
  13-17  appropriate amount plus accrued interest be remitted to the person.
  13-18  The rate of the interest is the rate charged on loans to depository
  13-19  institutions by the New York Federal Reserve Bank, and the interest
  13-20  shall be paid for the period beginning on the date the penalty was
  13-21  paid and ending on the date the penalty is remitted.  If the person
  13-22  gave a supersedeas bond and if the penalty is not upheld by the
  13-23  court, the court shall order the release of the bond.  If the
  13-24  person gave a supersedeas bond and if the amount of the penalty is
  13-25  reduced, the court shall order the release of the bond after the
   14-1  person pays the amount.  <mailed or otherwise transmitted to the
   14-2  provider, the provider shall:>
   14-3              <(1)  pay the penalty in full; or>
   14-4              <(2)  if the provider seeks judicial review of the
   14-5  amount of the penalty, the fact of the violation, or both:>
   14-6                    <(A)  send the amount of the penalty to the
   14-7  commissioner for placement in an escrow account; or>
   14-8                    <(B)  post with the commissioner a bond for the
   14-9  amount of the penalty.>
  14-10        <(b)  A bond posted under this section must be in a form
  14-11  approved by the commissioner and must be effective until judicial
  14-12  review of the order is final.>
  14-13        <(c)  An emergency medical services provider who does not
  14-14  send the amount of the penalty to the commissioner or post the bond
  14-15  within the period prescribed by Subsection (a) may not contest the
  14-16  violation or the amount of the penalty.>
  14-17        SECTION 19.  Sections 773.010, 773.053, and 773.068, Health
  14-18  and Safety Code, are repealed.
  14-19        SECTION 20.  The importance of this legislation and the
  14-20  crowded condition of the calendars in both houses create an
  14-21  emergency and an imperative public necessity that the
  14-22  constitutional rule requiring bills to be read on three several
  14-23  days in each house be suspended, and this rule is hereby suspended,
  14-24  and that this Act take effect and be in force from and after its
  14-25  passage, and it is so enacted.