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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for obtaining an emergency medical |
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services provider license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 773.0571, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 773.0571. REQUIREMENTS FOR PROVIDER LICENSE. The |
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department shall issue to an emergency medical services provider |
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applicant a license that is valid for two years if the department is |
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satisfied that: |
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(1) the applicant [emergency medical services
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provider] has adequate staff to meet the staffing standards |
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prescribed by this chapter and the rules adopted under this |
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chapter; |
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(2) each emergency medical services vehicle is |
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adequately constructed, equipped, maintained, and operated to |
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render basic or advanced life support services safely and |
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efficiently; |
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(3) the applicant [emergency medical services
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provider] offers safe and efficient services for emergency |
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prehospital care and transportation of patients; [and] |
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(4) the applicant: |
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(A) possesses sufficient professional experience |
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and qualifications to provide emergency medical services; and |
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(B) has not been excluded from participation in |
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the state Medicaid program; |
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(5) the applicant holds a certificate of local need |
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and necessity issued under Section 773.0573 by the governing body |
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of the municipality or the commissioners court of the county in |
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which the applicant is applying to provide emergency medical |
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services, as applicable; and |
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(6) [(4)] the applicant [emergency medical services
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provider] complies with the rules adopted [by the board] under this |
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chapter. |
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SECTION 2. Subchapter C, Chapter 773, Health and Safety |
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Code, is amended by adding Section 773.0573 to read as follows: |
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Sec. 773.0573. CERTIFICATE OF LOCAL NEED AND NECESSITY. |
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(a) An emergency medical services provider applicant must obtain a |
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certificate of local need and necessity from: |
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(1) the governing body of the municipality in which |
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the applicant is located and is applying to provide emergency |
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medical services; or |
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(2) if the applicant is not located in a municipality, |
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the commissioners court of the county in which the applicant is |
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located and is applying to provide emergency medical services. |
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(b) A governing body of a municipality or a commissioners |
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court of a county may issue a certificate of local need and |
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necessity to an emergency medical services provider applicant who |
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is applying to provide emergency medical services in the |
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municipality or county only if the governing body or commissioners |
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court determines that: |
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(1) the addition of another licensed emergency medical |
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services provider will not interfere with or adversely affect the |
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provision of emergency medical services by the licensed emergency |
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medical services providers operating in the municipality or county; |
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(2) the addition of another licensed emergency medical |
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services provider will remedy an existing provider shortage that |
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cannot be resolved through the use of the licensed emergency |
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medical services providers operating in the municipality or county; |
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and |
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(3) the addition of another licensed emergency medical |
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services provider will not cause an oversupply of licensed |
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emergency medical services providers in the municipality or county. |
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(c) This section does not apply to: |
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(1) renewal of an emergency medical services provider |
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license; or |
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(2) a municipality, county, emergency medical |
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services district, hospital, or emergency medical services |
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volunteer provider organization in this state that applies for an |
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emergency medical services provider license. |
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SECTION 3. The change in law made by this Act applies only |
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to an application for approval of an emergency medical services |
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provider license submitted to the Department of State Health |
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Services on or after the effective date of this Act. An application |
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submitted before the effective date of this Act is governed by the |
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law in effect immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |