By Hilbert H.B. No. 3155
75R8076 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the issuance of a license to practice as an emergency
1-3 medical technician-paramedic.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 773.049, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 773.049. EMERGENCY MEDICAL TECHNICIAN--PARAMEDIC
1-8 QUALIFICATIONS. An individual qualifies as an emergency medical
1-9 technician-paramedic if the individual is licensed [certified] by
1-10 the department as minimally proficient to provide advanced life
1-11 support that includes initiation under medical supervision of
1-12 certain procedures, including intravenous therapy, endotracheal or
1-13 esophageal intubation, electrical cardiac defibrillation or
1-14 cardioversion, and drug therapy.
1-15 SECTION 2. Section 773.050, Health and Safety Code, is
1-16 amended by amending Subsections (a)-(c) and adding Subsection (f)
1-17 to read as follows:
1-18 (a) Each basic life-support emergency medical services
1-19 vehicle when in service must be staffed by at least two individuals
1-20 certified as emergency care attendants or certified or licensed at
1-21 a higher level of training.
1-22 (b) The board by rule shall establish minimum standards for:
1-23 (1) staffing an advanced life-support emergency
1-24 medical services vehicle, a mobile intensive-care unit, or a
2-1 specialized emergency medical services vehicle;
2-2 (2) emergency medical services personnel
2-3 certification, licensure, and performance, including provisional
2-4 certification, grounds for certification and license revocation
2-5 and[, decertification, recertification,] suspension, emergency
2-6 suspension, and probation;
2-7 (3) the approval of courses and training programs, the
2-8 certification of program instructors, examiners, and course
2-9 coordinators for emergency medical services personnel training, and
2-10 the revocation and probation of an approval or certification;
2-11 (4) continuing education programs and examinations of
2-12 emergency medical services personnel;
2-13 (5) medical supervision of basic and advanced
2-14 life-support systems;
2-15 (6) granting, suspending, and revoking a license for
2-16 emergency medical services providers; and
2-17 (7) emergency medical services vehicles.
2-18 (c) The board shall consider the education, training, and
2-19 experience of allied health professionals in adopting the minimum
2-20 standards for emergency medical services personnel certification or
2-21 licensure and may establish criteria for interstate reciprocity of
2-22 emergency medical services personnel. Each out-of-state
2-23 application for certification or licensure must be accompanied by a
2-24 nonrefundable fee of $100. The board may also establish criteria
2-25 for certification or licensure for out-of-country emergency medical
2-26 services personnel [certification]. Each out-of-country
2-27 application for certification or licensure must be accompanied by a
3-1 nonrefundable fee of $150.
3-2 (f) In adopting rules under Subsection (b)(2) for issuance
3-3 of a license to an emergency medical technician-paramedic, the
3-4 board shall require that an applicant obtain training through an
3-5 accredited institution of higher education and hold an associate's
3-6 degree conferred in a field of study approved by the board.
3-7 SECTION 3. Section 773.054(a), Health and Safety Code, is
3-8 amended to read as follows:
3-9 (a) This section applies to an application for:
3-10 (1) examination for certification or licensure of
3-11 emergency medical services personnel;
3-12 (2) approval of a course or training program; or
3-13 (3) certification of a program instructor, examiner,
3-14 or course coordinator.
3-15 SECTION 4. Sections 773.055(a), (b), and (d)-(f), Health and
3-16 Safety Code, are amended to read as follows:
3-17 (a) A nonrefundable fee must accompany each application for
3-18 emergency medical services personnel certification or licensure.
3-19 The fee may not exceed:
3-20 (1) $75 for licensure as an emergency medical
3-21 technician-paramedic or certification as an emergency medical
3-22 technician-intermediate;
3-23 (2) $50 for certification as an emergency medical
3-24 technician or emergency care attendant;
3-25 (3) $75 for renewal of a license as [recertification
3-26 of] an emergency medical technician-paramedic or for reissuance of
3-27 a certificate as an emergency medical technician-intermediate; or
4-1 (4) $50 for reissuance of a certificate as
4-2 [recertification of] an emergency medical technician or emergency
4-3 care attendant.
4-4 (b) Except as provided by Subsection (c), the department
4-5 shall notify each examinee of the results of an examination for
4-6 certification or licensure not later than the 30th day after the
4-7 date on which the examination is administered.
4-8 (d) The department shall furnish a person who fails an
4-9 examination for certification or licensure with an analysis of the
4-10 person's performance on the examination if requested in writing by
4-11 that person. The board may adopt rules to allow a person who fails
4-12 the examination to retake all or part of the examination. A fee of
4-13 $25 must accompany each application for reexamination.
4-14 (e) The department shall issue a certificate or license, as
4-15 appropriate, [certificates] to emergency medical services personnel
4-16 who meet the minimum standards for personnel certification or
4-17 licensure adopted under Section 773.050. A certificate or license
4-18 is valid for four years from the date of issuance. The department
4-19 shall charge a fee of $5 to replace a lost certificate or license.
4-20 (f) A fee required by this section is the obligation of the
4-21 applicant but may be paid by the emergency medical services
4-22 provider. If an applicant is required to be certified or licensed
4-23 as a condition of employment, the emergency medical services
4-24 provider shall pay for all fees required by this section, except
4-25 for a fee to replace a lost certificate or license, in addition to
4-26 any other compensation paid to that applicant if the provider is a
4-27 municipality. A municipality that requires a fire fighter to be
5-1 certified or licensed as emergency medical services personnel shall
5-2 pay the fees required by this section.
5-3 SECTION 5. Section 773.059, Health and Safety Code, is
5-4 amended to read as follows:
5-5 Sec. 773.059. RENEWAL OF CERTIFICATE OR LICENSE. [LATE
5-6 RECERTIFICATION.] (a) Except as provided by Subsection (b), a
5-7 person applying for renewal of a certificate or license
5-8 [recertification] whose application is received after the
5-9 expiration date of the person's certificate or license must pay a
5-10 late fee of $25.
5-11 (b) A person certified or licensed by the department who is
5-12 deployed in support of military, security, or other action by the
5-13 United Nations Security Council, a national emergency declared by
5-14 the president of the United States, or a declaration of war by the
5-15 United States Congress is eligible for renewal of the certificate
5-16 or license [recertification] under Section 773.050 on the person's
5-17 demobilization for one calendar year after the date of
5-18 demobilization.
5-19 SECTION 6. Section 773.061(a), Health and Safety Code, is
5-20 amended to read as follows:
5-21 (a) For a violation of this chapter or a rule adopted under
5-22 this chapter, the department may:
5-23 (1) revoke the certificate or license of or
5-24 [decertify,] suspend, place on emergency suspension, or place on
5-25 probation emergency medical services personnel;
5-26 (2) revoke or place on probation course or training
5-27 program approval;
6-1 (3) revoke, suspend, or place on probation the
6-2 certificate of a program instructor, examiner, or course
6-3 coordinator; and
6-4 (4) revoke, suspend, or place on probation an
6-5 emergency medical services provider license.
6-6 SECTION 7. Section 773.064(a), Health and Safety Code, is
6-7 amended to read as follows:
6-8 (a) A person commits an offense if the person knowingly
6-9 practices as, attempts to practice as, or represents himself to be
6-10 an emergency medical technician-paramedic, emergency medical
6-11 technician-intermediate, emergency medical technician, or emergency
6-12 care attendant and the person does not hold an appropriate
6-13 certificate or license issued by the department under this chapter.
6-14 An offense under this subsection is a Class A misdemeanor.
6-15 SECTION 8. (a) This Act takes effect September 1, 1997, and
6-16 applies only to an application for a license or for renewal of a
6-17 certificate to act as an emergency medical technician-paramedic
6-18 made on or after that date. An application made before the
6-19 effective date of this Act is governed by the law in effect on the
6-20 date the application was made, and the former law is continued in
6-21 effect for that purpose.
6-22 (b) A certificate issued to an emergency medical
6-23 technician-paramedic before the effective date of this Act is valid
6-24 after that date. A person who holds a certificate on the effective
6-25 date of this Act is not required to comply with any additional
6-26 education or experience requirements adopted by the Texas Board of
6-27 Health in order to receive a license on the expiration date of the
7-1 certificate.
7-2 (c) The Texas Board of Health shall adopt rules under this
7-3 Act not later than January 1, 1998.
7-4 SECTION 9. The importance of this legislation and the
7-5 crowded condition of the calendars in both houses create an
7-6 emergency and an imperative public necessity that the
7-7 constitutional rule requiring bills to be read on three several
7-8 days in each house be suspended, and this rule is hereby suspended.