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.