By Jones of Brazos H.B. No. 2324
76R6581 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 certified or licensed 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 773.0495, Health and Safety Code, is
1-16 amended to read as follows:
1-17 Sec. 773.0495. LICENSED PARAMEDIC QUALIFICATIONS. (a) An
1-18 individual qualifies as a licensed paramedic if the department
1-19 determines that the individual is minimally proficient to provide
1-20 advanced life support that includes initiation under medical
1-21 supervision of certain procedures, including intravenous therapy,
1-22 endotracheal or esophageal intubation, electrical cardiac
1-23 defibrillation or cardioversion, and drug therapy.
1-24 (b) In addition to the requirements of Subsection (a), a
2-1 licensed paramedic must:
2-2 (1) complete a college [curriculum that includes
2-3 college-level] course [work] in accordance with rules adopted by
2-4 the board; or
2-5 (2) have:
2-6 (A) four years of experience as a certified
2-7 emergency medical technician-paramedic; and
2-8 (B) successfully completed the number of
2-9 required continuing medical education hours prescribed by board
2-10 rules.
2-11 SECTION 3. Section 773.050, Health and Safety Code, is
2-12 amended by amending Subsections (a)-(c) and adding Subsection (f)
2-13 to read as follows:
2-14 (a) Each basic life-support emergency medical services
2-15 vehicle when in service must be staffed by at least two individuals
2-16 certified as emergency care attendants or certified or licensed at
2-17 a higher level of training.
2-18 (b) The board by rule shall establish minimum standards for:
2-19 (1) staffing an advanced life-support emergency
2-20 medical services vehicle, a mobile intensive-care unit, or a
2-21 specialized emergency medical services vehicle;
2-22 (2) emergency medical services personnel
2-23 certification, licensure, and performance, including provisional
2-24 certification, grounds for certification and license revocation
2-25 and[, decertification, recertification,] suspension, emergency
2-26 suspension, and probation;
2-27 (3) the approval of courses and training programs, the
3-1 certification of program instructors, examiners, and course
3-2 coordinators for emergency medical services personnel training, and
3-3 the revocation and probation of an approval or certification;
3-4 (4) continuing education programs and examinations of
3-5 emergency medical services personnel;
3-6 (5) medical supervision of basic and advanced
3-7 life-support systems;
3-8 (6) granting, suspending, and revoking a license for
3-9 emergency medical services providers; and
3-10 (7) emergency medical services vehicles.
3-11 (c) The board shall consider the education, training, and
3-12 experience of allied health professionals in adopting the minimum
3-13 standards for emergency medical services personnel certification or
3-14 licensure and may establish criteria for interstate reciprocity of
3-15 emergency medical services personnel. Each out-of-state
3-16 application for certification or licensure must be accompanied by a
3-17 nonrefundable fee of $100. The board may also establish criteria
3-18 for certification or licensure for out-of-country emergency medical
3-19 services personnel [certification]. Each out-of-country
3-20 application for certification or licensure must be accompanied by a
3-21 nonrefundable fee of $150.
3-22 (f) In adopting rules under Subsection (b)(2) for issuance
3-23 of a license to an emergency medical technician-paramedic, the
3-24 board shall establish that, at a minimum, an applicant must:
3-25 (1) complete at least four years of certification as
3-26 an emergency medical technician-paramedic;
3-27 (2) complete the required continuing medical education
4-1 hours required by board rule; and
4-2 (3) obtain a written recommendation from the medical
4-3 director of the service provider with whom the applicant is
4-4 affiliated.
4-5 SECTION 4. Section 773.054(a), Health and Safety Code, is
4-6 amended to read as follows:
4-7 (a) This section applies to an application for:
4-8 (1) examination for certification or licensure of
4-9 emergency medical services personnel;
4-10 (2) approval of a course or training program; or
4-11 (3) certification of a program instructor, examiner,
4-12 or course coordinator.
4-13 SECTION 5. Sections 773.055(a), (b), (d), (e), and (f),
4-14 Health and Safety Code, are amended to read as follows:
4-15 (a) A nonrefundable fee must accompany each application for
4-16 emergency medical services personnel certification. The fee may
4-17 not exceed:
4-18 (1) $75 for certification or licensure as an emergency
4-19 medical technician-paramedic or certification as an emergency
4-20 medical technician-intermediate;
4-21 (2) $50 for certification as an emergency medical
4-22 technician or emergency care attendant;
4-23 (3) $75 for renewal of a license as [recertification
4-24 of] an emergency medical technician-paramedic or reissuance of a
4-25 certificate as an emergency medical technician-intermediate;
4-26 (4) $50 for reissuance of a certificate as
4-27 [recertification of] an emergency medical technician or emergency
5-1 care attendant; or
5-2 (5) $100 for issuance or renewal of a license as
5-3 [certification or recertification of] a licensed paramedic.
5-4 (b) Except as provided by Subsection (c), the department
5-5 shall notify each examinee of the results of an examination for
5-6 certification or licensure not later than the 30th day after the
5-7 date on which the examination is administered.
5-8 (d) The department shall furnish a person who fails an
5-9 examination for certification or licensure with an analysis of the
5-10 person's performance on the examination if requested in writing by
5-11 that person. The board may adopt rules to allow a person who fails
5-12 the examination to retake all or part of the examination. A fee of
5-13 $25 must accompany each application for reexamination.
5-14 (e) The department shall issue a certificate or license, as
5-15 appropriate, [certificates] to emergency medical services personnel
5-16 who meet the minimum standards for personnel certification or
5-17 licensure adopted under Section 773.050. A certificate or license
5-18 is valid for four years from the date of issuance. The department
5-19 shall charge a fee of $5 to replace a lost certificate or license.
5-20 (f) A fee required by this section is the obligation of the
5-21 applicant but may be paid by the emergency medical services
5-22 provider. If an applicant is required to be certified or licensed
5-23 as a condition of employment, the emergency medical services
5-24 provider shall pay for all fees required by this section, except
5-25 for a fee to replace a lost certificate or license, in addition to
5-26 any other compensation paid to that applicant if the provider is a
5-27 municipality. A municipality that requires a fire fighter to be
6-1 certified or licensed as emergency medical services personnel shall
6-2 pay the fees required by this section.
6-3 SECTION 6. Section 773.059, Health and Safety Code, is
6-4 amended to read as follows:
6-5 Sec. 773.059. RENEWAL OF CERTIFICATE OR LICENSE. [LATE
6-6 RECERTIFICATION.] (a) Except as provided by Subsection (b), a
6-7 person applying for renewal of a certificate or license
6-8 [recertification] whose application is received after the
6-9 expiration date of the person's certificate or license must pay a
6-10 late fee of $25.
6-11 (b) A person certified or licensed by the department who is
6-12 deployed in support of military, security, or other action by the
6-13 United Nations Security Council, a national emergency declared by
6-14 the president of the United States, or a declaration of war by the
6-15 United States Congress is eligible for renewal of the certificate
6-16 or license [recertification] under Section 773.050 on the person's
6-17 demobilization for one calendar year after the date of
6-18 demobilization.
6-19 SECTION 7. Section 773.061(a), Health and Safety Code, is
6-20 amended to read as follows:
6-21 (a) For a violation of this chapter or a rule adopted under
6-22 this chapter, the department may:
6-23 (1) revoke the certificate or license of or
6-24 [decertify,] suspend, place on emergency suspension, or place on
6-25 probation emergency medical services personnel;
6-26 (2) revoke or place on probation course or training
6-27 program approval;
7-1 (3) revoke, suspend, or place on probation the
7-2 certificate of a program instructor, examiner, or course
7-3 coordinator; and
7-4 (4) revoke, suspend, or place on probation an
7-5 emergency medical services provider license.
7-6 SECTION 8. Section 773.064(a), Health and Safety Code, is
7-7 amended to read as follows:
7-8 (a) A person commits an offense if the person knowingly
7-9 practices as, attempts to practice as, or represents himself to be
7-10 an emergency medical technician-paramedic, emergency medical
7-11 technician-intermediate, emergency medical technician, emergency
7-12 care attendant, or licensed paramedic and the person does not hold
7-13 an appropriate certificate or license issued by the department
7-14 under this chapter. An offense under this subsection is a felony
7-15 of the third degree [Class A misdemeanor].
7-16 SECTION 9. (a) This Act takes effect September 1, 1999, and
7-17 applies only to an application for a license or for renewal of a
7-18 certificate to act as an emergency medical technician-paramedic
7-19 made on or after that date. An application made before the
7-20 effective date of this Act is governed by the law in effect on the
7-21 date the application was made, and the former law is continued in
7-22 effect for that purpose.
7-23 (b) A certificate issued to an emergency medical
7-24 technician-paramedic before the effective date of this Act is valid
7-25 after that date. A person who holds a certificate on the effective
7-26 date of this Act is not required to comply with any additional
7-27 education or experience requirements adopted by the Texas Board of
8-1 Health in order to receive a license on the expiration date of the
8-2 certificate.
8-3 (c) The change in law made by this Act to Section
8-4 773.064(a), Health and Safety Code, applies only to an offense
8-5 committed on or after the effective date of this Act. For purposes
8-6 of this subsection, an offense is committed before the effective
8-7 date of this Act if any element of the offense occurs before that
8-8 date. An offense committed before the effective date of this Act
8-9 is covered by the law in effect when the offense was committed, and
8-10 the former law is continued in effect for that purpose.
8-11 (d) The Texas Board of Health shall adopt rules under this
8-12 Act not later than January 1, 2001.
8-13 SECTION 10. The importance of this legislation and the
8-14 crowded condition of the calendars in both houses create an
8-15 emergency and an imperative public necessity that the
8-16 constitutional rule requiring bills to be read on three several
8-17 days in each house be suspended, and this rule is hereby suspended.