78R12614 MCK-D
By: Capelo H.B. No. 1930
Substitute the following for H.B. No. 1930:
By: McReynolds C.S.H.B. No. 1930
A BILL TO BE ENTITLED
AN ACT
relating to certain fees and administrative penalties applicable to
emergency medical services providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 773.050(c), Health and Safety Code, is
amended to read as follows:
(c) The board shall consider the education, training, and
experience of allied health professionals in adopting the minimum
standards for emergency medical services personnel certification
and may establish criteria for interstate reciprocity of emergency
medical services personnel. Each out-of-state application for
certification must be accompanied by a nonrefundable fee of not
more than $120 [$100]. The board may also establish criteria for
out-of-country emergency medical services personnel certification.
Each out-of-country application for certification must be
accompanied by a nonrefundable fee of not more than $180 [$150].
SECTION 2. Section 773.052(a), Health and Safety Code, is
amended to read as follows:
(a) An emergency medical services provider with a specific
hardship may apply to the bureau chief for a variance from a rule
adopted under this chapter. The board may adopt a fee of not more
than $30 [$25] for filing an application for a variance.
SECTION 3. Sections 773.054(c) and (d), Health and Safety
Code, are amended to read as follows:
(c) Each application under Subsection (a)(3) must be
accompanied by a nonrefundable fee of not more than $30 [$25] for a
program instructor or examiner or $60 [$50] for a course
coordinator. The department may not require a fee for a
certification from an instructor, examiner, or coordinator who does
not receive compensation for providing services.
(d) Each application under Subsection (a)(2) must be
accompanied by a nonrefundable fee of not more than $30 [$25] for a
basic course or training program or $60 [$50] for an advanced course
or training program. The department may not require a fee for
approval of a course or training program if the course coordinator
or sponsoring agency does not receive compensation for providing
the course or training program.
SECTION 4. Sections 773.055(a), (d), and (e), Health and
Safety Code, are amended to read as follows:
(a) A nonrefundable fee must accompany each application for
emergency medical services personnel certification. The fee may
not exceed:
(1) $90 [$75] for an emergency medical
technician-paramedic or emergency medical
technician-intermediate;
(2) $60 [$50] for an emergency medical technician or
emergency care attendant;
(3) $90 [$75] for recertification of an emergency
medical technician-paramedic or emergency medical
technician-intermediate;
(4) $60 [$50] for recertification of an emergency
medical technician or emergency care attendant; or
(5) $120 [$100] for certification or recertification
of a licensed paramedic.
(d) The department shall furnish a person who fails an
examination for certification with an analysis of the person's
performance on the examination if requested in writing by that
person. The board may adopt rules to allow a person who fails the
examination to retake all or part of the examination. A fee of not
more than $30 [$25] must accompany each application for
reexamination.
(e) The department shall issue certificates to emergency
medical services personnel who meet the minimum standards for
personnel certification adopted under Section 773.050. A
certificate is valid for four years from the date of issuance. The
department shall charge a fee of not more than $10 [$5] to replace a
lost certificate.
SECTION 5. Section 773.056(b), Health and Safety Code, is
amended to read as follows:
(b) The department shall issue a certificate to each program
instructor, examiner, or course coordinator who meets the minimum
standards adopted under Section 773.050. The certificate is valid
for two years. The department shall charge a fee of not more than
$10 [$5] to replace a lost or stolen certificate.
SECTION 6. Section 773.057(b), Health and Safety Code, is
amended to read as follows:
(b) A nonrefundable application and vehicle fee determined
by the board must accompany each application. The application fee
may not exceed $500 [$150] for each application and the vehicle fee
may not exceed $180 for each emergency medical services vehicle
operated by the provider.
SECTION 7. Section 773.0572, Health and Safety Code, is
amended to read as follows:
Sec. 773.0572. PROVISIONAL LICENSES. The board by rule
shall establish conditions under which an emergency medical
services provider who fails to meet the minimum standards
prescribed by this chapter may be issued a provisional license. The
department may issue a provisional license to an emergency medical
services provider under this chapter if the department finds that
issuing the license would serve the public interest and that the
provider meets the requirements of the rules adopted under this
section. A nonrefundable fee of not more than $30 [$25] must
accompany each application for a provisional license.
SECTION 8. Section 773.0611(c), Health and Safety Code, is
amended to read as follows:
(c) The board shall adopt rules for unannounced inspections
authorized under this section. The department or its
representative shall perform unannounced inspections in accordance
with those rules. An emergency medical services provider shall pay
to the department a nonrefundable fee of not more than $30 [$25] if
reinspection is necessary to determine compliance with this chapter
and the rules adopted under this chapter.
SECTION 9. Section 773.065(c), Health and Safety Code, is
amended to read as follows:
(c) The penalty may not exceed $7,500 [$1,000] for each
violation. The board by rule shall establish gradations of
penalties in accordance with the relative seriousness of the
violation.
SECTION 10. Subchapter C, Chapter 773, Health and Safety
Code, is amended by adding Section 773.071 to read as follows:
Sec. 773.071. FEES. (a) To the extent feasible, the board
by rule shall set the fees under this subchapter in amounts
necessary for the department to recover the cost of administering
this subchapter.
(b) Subsection (a) does not apply to fees for which Section
773.059 prescribes the method for determining the amount of the
fees.
SECTION 11. Sections 773.116(b) and (d), Health and Safety
Code, are amended to read as follows:
(b) The board by rule shall set the amount of the fee
schedule for initial or continuing designation as a trauma facility
according to the number of beds in the health care facility. The
amount of the fee may not exceed:
(1) $5,000 for a Level I or II facility;
(2) $2,500 for a Level III facility; or
(3) $1,000 for a Level IV facility.
(d) To the extent feasible, the board by rule shall set the
fee in an amount necessary for the department to recover [A fee
under Subsection (c) may not exceed] the cost directly related to
designating trauma facilities under this subchapter.
SECTION 12. Section 773.116(c), Health and Safety Code, is
repealed.
SECTION 13. (a) The changes in law made by this Act
relating to administrative penalties apply only to a violation that
occurs on or after the effective date of this Act. For the purposes
of this section, an offense is committed before the effective date
of this Act if any element of the offense occurs before that date. A
violation that occurred before the effective date of this Act is
covered by the law in effect when the violation occurred, and the
former law is continued in effect for that purpose.
(b) The changes in law made by this Act relating to fees
imposed under Chapter 773, Health and Safety Code, apply only to
fees for an application filed or an inspection conducted on or after
the effective date of this Act. A fee for an application filed or an
inspection conducted before the effective date of this Act is
covered by the law in effect when the application was filed or the
inspection was conducted, and the former law is continued in effect
for that purpose.
SECTION 14. This Act takes effect September 1, 2003.