|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the certification of and disciplinary actions against |
|
emergency medical services personnel. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 53.002, Occupations Code, is amended to |
|
read as follows: |
|
Sec. 53.002. APPLICABILITY OF CHAPTER. This chapter does |
|
not apply to: |
|
(1) the Supreme Court of Texas, a person licensed |
|
under the court's authority on behalf of the judicial department of |
|
government, or an applicant for a license issued under the court's |
|
authority on behalf of the judicial department of government; |
|
(2) a peace officer or an applicant for a license as a |
|
peace officer described by Article 2.12, Code of Criminal |
|
Procedure; [or] |
|
(3) an applicant for certification as emergency |
|
medical services personnel under Chapter 773, Health and Safety |
|
Code; or |
|
(4) a person who: |
|
(A) is licensed by the Texas [State Board of] |
|
Medical Board [Examiners], the Texas State Board of Pharmacy, the |
|
State Board of Dental Examiners, or the State Board of Veterinary |
|
Medical Examiners; and |
|
(B) has been convicted of a felony under Chapter |
|
481 or 483 or Section 485.033, Health and Safety Code. |
|
SECTION 2. Section 773.050, Health and Safety Code, is |
|
amended by amending Subsections (b), (c), (d), (e), and (f) and |
|
adding Subsection (h) to read as follows: |
|
(b) The executive commissioner [board] by rule shall |
|
establish minimum standards for: |
|
(1) staffing an advanced life-support emergency |
|
medical services vehicle, a mobile intensive-care unit, or a |
|
specialized emergency medical services vehicle; |
|
(2) emergency medical services personnel |
|
certification and performance, including provisional |
|
certification, certification, decertification, recertification, |
|
suspension, emergency suspension, and probation; |
|
(3) the approval of courses and training programs, the |
|
certification of program instructors, examiners, and course |
|
coordinators for emergency medical services personnel training, |
|
and the revocation and probation of an approval or certification; |
|
(4) examinations of emergency medical services |
|
personnel; |
|
(5) medical supervision of basic and advanced |
|
life-support systems; |
|
(6) granting, suspending, and revoking a license for |
|
emergency medical services providers; and |
|
(7) emergency medical services vehicles. |
|
(c) The executive commissioner [board] shall consider the |
|
education, training, criminal background, 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. The executive commissioner [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. |
|
(d) The executive commissioner [board] may not adopt a rule |
|
that requires any system, service, or agency to provide advanced |
|
life-support or staffing beyond basic life-support levels except |
|
for providers of: |
|
(1) advanced life-support emergency medical services; |
|
(2) mobile intensive care; or |
|
(3) specialized emergency medical services. |
|
(e) The executive commissioner [board] shall adopt minimum |
|
standards for recognition of first responder organizations. |
|
(f) The executive commissioner [board] shall recognize, |
|
prepare, or administer continuing education programs for certified |
|
personnel. A certificate holder must participate in the programs |
|
to the extent required by the executive commissioner [board] to |
|
remain certified. |
|
(h) The department may provide a prescreening criminal |
|
history record check for an emergency medical services personnel |
|
applicant to determine the applicant's eligibility to receive |
|
certification before enrollment in the educational and training |
|
requirements mandated by the executive commissioner. The |
|
department may charge a reasonable fee for the costs associated |
|
with prescreening to each applicant who requests prescreening. |
|
SECTION 3. Subchapter C, Chapter 773, Health and Safety |
|
Code, is amended by adding Sections 773.0614, 773.0615, 773.0616, |
|
and 773.0617 to read as follows: |
|
Sec. 773.0614. AUTHORITY TO REVOKE, SUSPEND, DISQUALIFY |
|
FOR, OR DENY CERTIFICATION OF EMERGENCY MEDICAL SERVICES PERSONNEL |
|
FOR CERTAIN CRIMINAL OFFENSES. (a) In addition to the grounds |
|
under Section 773.061, the commissioner may suspend or revoke a |
|
certificate, disqualify a person from receiving a certificate, or |
|
deny a person the opportunity to take a certification examination |
|
on the grounds that the person has been convicted of, or placed on |
|
deferred adjudication community supervision or deferred |
|
disposition for, an offense that directly relates to the duties and |
|
responsibilities of emergency medical services personnel. |
|
(b) For purposes of Subsection (a), the department may not |
|
consider offenses for which points are assessed under Section |
|
708.052, Transportation Code. |
|
(c) A certificate holder's certificate shall be revoked if |
|
the certificate holder is convicted of or placed on deferred |
|
adjudication community supervision or deferred disposition for: |
|
(1) an offense listed in Sections 3g(a)(1)(A) through |
|
(H), Article 42.12, Code of Criminal Procedure; or |
|
(2) an offense, other than an offense described by |
|
Subdivision (1), committed on or after September 1, 2009, for which |
|
the person is subject to registration under Chapter 62, Code of |
|
Criminal Procedure. |
|
Sec. 773.0615. FACTORS CONSIDERED IN SUSPENSION, |
|
REVOCATION, OR DENIAL OF CERTIFICATE. (a) In determining whether |
|
an offense directly relates to the duties and responsibilities of |
|
emergency medical services personnel under Section 773.0614(a), |
|
the commissioner shall consider: |
|
(1) the nature and seriousness of the crime; |
|
(2) the relationship of the crime to the purposes for |
|
requiring certification to engage in emergency medical services; |
|
(3) the extent to which certification might offer an |
|
opportunity to engage in further criminal activity of the same type |
|
as that in which the person previously had been involved; and |
|
(4) the relationship of the crime to the ability, |
|
capacity, or fitness required to perform the duties and discharge |
|
the responsibilities of emergency medical services personnel. |
|
(b) In determining the fitness to perform the duties and |
|
discharge the responsibilities of emergency medical services |
|
personnel for a person who has been convicted of, or placed on |
|
deferred adjudication community supervision or deferred |
|
disposition for, a crime the commissioner shall consider, in |
|
addition to the factors listed in Subsection (a): |
|
(1) the extent and nature of the person's past criminal |
|
activity; |
|
(2) the age of the person when the crime was committed; |
|
(3) the amount of time that has elapsed since the |
|
person's last criminal activity; |
|
(4) the conduct and work activity of the person before |
|
and after the criminal activity; |
|
(5) evidence of the person's rehabilitation or |
|
rehabilitative effort while incarcerated, after release, or since |
|
imposition of community supervision or deferred adjudication; and |
|
(6) other evidence of the person's fitness, including |
|
letters of recommendation from: |
|
(A) prosecutors, law enforcement officers, |
|
correctional officers, or community supervision officers who |
|
prosecuted, arrested, or had custodial or other responsibility for |
|
the person; |
|
(B) the sheriff or chief of police in the |
|
community where the person resides; and |
|
(C) any other person in contact with the person. |
|
(c) The applicant or certificate holder has the |
|
responsibility, to the extent possible, to obtain and provide to |
|
the commissioner the recommendations of the persons required by |
|
Subsection (b)(6). |
|
(d) In addition to providing evidence related to the factors |
|
under Subsection (b), the applicant or certificate holder shall |
|
furnish proof in the form required by the department that the |
|
applicant or certificate holder has: |
|
(1) maintained a record of steady employment; |
|
(2) supported the applicant's or certificate holder's |
|
dependents; |
|
(3) maintained a record of good conduct; and |
|
(4) paid all outstanding court costs, supervision |
|
fees, fines, and restitution ordered in any criminal case in which |
|
the applicant or certificate holder has been convicted, been placed |
|
on community supervision, or received deferred adjudication. |
|
Sec. 773.0616. PROCEEDINGS GOVERNED BY ADMINISTRATIVE |
|
PROCEDURE ACT; GUIDELINES. (a) A proceeding before the |
|
commissioner to consider the issues under Section 773.0615 is |
|
governed by Chapter 2001, Government Code. |
|
(b) The executive commissioner shall issue guidelines |
|
relating to the commissioner's decision-making under Sections |
|
773.0614 and 773.0615. The guidelines must state the reasons a |
|
particular crime is considered to relate to emergency medical |
|
services personnel and include any other criterion that may affect |
|
the decisions of the commissioner. |
|
(c) The executive commissioner shall file the guidelines |
|
with the secretary of state for publication in the Texas Register. |
|
(d) The department annually shall issue any amendments to |
|
the guidelines. |
|
Sec. 773.0617. NOTICE AND REVIEW OF SUSPENSION, REVOCATION, |
|
DISQUALIFICATION FOR, OR DENIAL OF CERTIFICATION. (a) If the |
|
commissioner suspends or revokes a certification, denies a person a |
|
certificate, or denies the opportunity to be examined for a |
|
certificate under Section 773.0614, the commissioner shall notify |
|
the person in writing of: |
|
(1) the reason for the suspension, revocation, denial, |
|
or disqualification; |
|
(2) the review procedure provided by Subsection (b); |
|
and |
|
(3) the earliest date the person may appeal the action |
|
of the commissioner. |
|
(b) A person whose certificate has been suspended or revoked |
|
or who has been denied a certificate or the opportunity to take an |
|
examination and who has exhausted the person's administrative |
|
appeals may file an action in the district court in Travis County |
|
for review of the evidence presented to the commissioner and the |
|
decision of the commissioner. |
|
(c) The petition for an action under Subsection (b) must be |
|
filed not later than the 30th day after the date the commissioner's |
|
decision is final. |
|
SECTION 4. Not later than January 1, 2010, the executive |
|
commissioner of the Health and Human Services Commission shall |
|
issue the guidelines required by Section 773.0616(b), Health and |
|
Safety Code, as added by this Act. |
|
SECTION 5. The changes in law made by this Act to Chapter |
|
773, Health and Safety Code, apply only to an application for |
|
certification or renewal of certification of emergency medical |
|
services personnel submitted on or after January 1, 2010. |
|
SECTION 6. This Act takes effect September 1, 2009. |
|
|
|
* * * * * |