CHAPTER 773. EMERGENCY MEDICAL SERVICES
HEALTH AND SAFETY CODE
TITLE 9. SAFETY
SUBTITLE B. EMERGENCIES
CHAPTER 773. EMERGENCY MEDICAL SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 773.001. SHORT TITLE. This chapter may be cited as the
Emergency Health Care Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2005, 79th Leg., Ch.
299, Sec. 1, eff. September 1, 2005.
Sec. 773.002. PURPOSE. The purpose of this chapter is to
provide for the prompt and efficient transportation of sick and
injured patients, after necessary stabilization, and to encourage
public access to that transportation in each area of the state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 773.003. DEFINITIONS. In this chapter:
(1) "Advanced life support" means emergency prehospital care
that uses invasive medical acts.
(2) "Basic life support" means emergency prehospital care that
uses noninvasive medical acts.
(3) "Board" means the Texas Board of Health.
(4) "Bureau" means the department's bureau of emergency
management.
(5) "Bureau chief" means the chief of the bureau of emergency
management.
(6) "Commissioner" means the commissioner of health.
(7) "Department" means the Department of State Health Services.
(8) "Emergency medical services" means services used to respond
to an individual's perceived need for immediate medical care and
to prevent death or aggravation of physiological or psychological
illness or injury.
(9) "Emergency medical services and trauma care system" means an
arrangement of available resources that are coordinated for the
effective delivery of emergency health care services in
geographical regions consistent with planning and management
standards.
(10) "Emergency medical services personnel" means:
(A) emergency care attendant;
(B) emergency medical technicians;
(C) emergency medical technicians--intermediate;
(D) emergency medical technicians--paramedic; or
(E) licensed paramedic.
(11) "Emergency medical services provider" means a person who
uses or maintains emergency medical services vehicles, medical
equipment, and emergency medical services personnel to provide
emergency medical services.
(12) "Emergency medical services vehicle" means:
(A) a basic life-support emergency medical services vehicle;
(B) an advanced life-support emergency medical services vehicle;
(C) a mobile intensive-care unit; or
(D) a specialized emergency medical services vehicle.
(13) "Emergency medical services volunteer" means emergency
medical services personnel who provide emergency prehospital care
without remuneration, except reimbursement for expenses.
(14) "Emergency medical services volunteer provider" means an
emergency medical services provider that has at least 75 percent
of its total personnel as volunteers and is recognized as a
Section 501(c)(3) nonprofit corporation by the Internal Revenue
Service.
(15) "Emergency prehospital care" means care provided to the
sick or injured before or during transportation to a medical
facility, and includes any necessary stabilization of the sick or
injured in connection with that transportation.
(15-a) "Executive commissioner" means the executive commissioner
of the Health and Human Services Commission.
(16) "First responder organization" means a group or association
of certified emergency medical services personnel that, working
in cooperation with a licensed emergency medical services
provider, provides immediate on-scene care to ill or injured
persons but does not transport those persons.
(17) "Governmental entity" means a county, municipality, school
district, or special district or authority created in accordance
with the Texas Constitution.
(18) "Medical supervision" means direction given to emergency
medical services personnel by a licensed physician under Subtitle
B, Title 3, Occupations Code, and the rules adopted under that
subtitle by the Texas State Board of Medical Examiners.
Text of subsec. (19) as amended by Acts 1991, 72nd Leg., ch. 605,
Sec. 1
(19) "Trauma facility" means a health care facility that is
capable of comprehensive treatment of seriously injured persons
and is a part of an emergency medical services and trauma care
system.
Text of subsec. (19) as amended by Acts 1991, 72nd Leg., ch. 853,
Sec. 3
(19) "Emergency medical care" means bona fide emergency services
provided after the sudden onset of a medical or traumatic
condition manifesting itself by acute symptoms of sufficient
severity, including severe pain, such that the absence of
immediate medical attention could reasonably be expected to
result in:
(A) placing the patient's health in serious jeopardy;
(B) serious impairment to bodily functions; or
(C) serious dysfunction of any bodily organ or part.
(20) "Trauma patient" means a critically injured person who has
been:
(A) evaluated by a physician, a registered nurse, or emergency
medical services personnel; and
(B) found to require medical care in a trauma facility.
(21) [Blank].
(22) "Trauma services" includes services provided to a severely
or seriously injured patient who has a principal diagnosis listed
in the Injuries and Poisonings Chapter of the International
Classification of Diseases, Clinical Modification.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 239, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 605, Sec. 1, eff. Sept. 1, 1991;
Acts 1991, 72nd Leg., ch. 853, Sec. 3, eff. Sept. 1, 1991; Acts
1995, 74th Leg., ch. 915, Sec. 1, eff. Aug. 28, 1995; Acts 1997,
75th Leg., ch. 435, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 1377, Sec. 2.02, eff. Sept. 1, 1999; Acts 2001, 77th
Leg., ch. 1420, Sec. 14.808, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
299, Sec. 2, eff. September 1, 2005.
Sec. 773.004. VEHICLES AND PERSONNEL EXCLUDED FROM CHAPTER. (a)
This chapter does not apply to:
(1) air transfer that does not advertise as an ambulance
service and that is not licensed by the department;
(2) the use of ground or air transfer vehicles to transport sick
or injured persons in a casualty situation that exceeds the basic
vehicular capacity or capability of emergency medical services
providers in the area;
(3) an industrial ambulance; or
(4) a physician, registered nurse, or other health care
practitioner licensed by this state unless the health care
practitioner staffs an emergency medical services vehicle
regularly.
(b) In this section, "industrial ambulance" means a vehicle
owned and operated by an industrial facility that is not
available for hire or use by the public except to assist the
local community in a disaster or when existing ambulance service
is not available, and includes a ground vehicle at an industrial
site used:
(1) for the initial transportation or transfer of the unstable
urgently sick or injured; or
(2) to transport from the job site to an appropriate medical
facility a person who becomes sick, injured, wounded, or
otherwise incapacitated in the course of employment.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 240, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 605, Sec. 2, eff. Sept. 1, 1991;
Acts 1993, 73rd Leg., ch. 376, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
305, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1034, Sec. 4, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
268, Sec. 14(a), eff. September 1, 2007.
Sec. 773.0045. TEMPORARY EXEMPTIONS FOR EMERGENCY MEDICAL
SERVICES PERSONNEL PRACTICING IN RURAL AREA. (a) In this
section, "rural area" means:
(1) a county with a population of 50,000 or less; or
(2) a relatively large, isolated, and sparsely populated area in
a county with a population of more than 50,000.
(b) The department on a case-by-case basis may temporarily
exempt emergency medical services personnel who primarily
practice in a rural area from a requirement imposed either by
Section 773.050 or 773.055 or by a rule adopted by the department
under Section 773.050 or 773.055 if specific circumstances that
affect the rural area served by the emergency medical services
personnel justify the exemption. The department may temporarily
exempt the emergency medical services personnel from a
requirement imposed:
(1) by a department rule adopted under Section 773.050 or
773.055 only if the department finds that, under the
circumstances, imposing the requirement would not be in the best
interests of the people in the rural area who are served by the
emergency medical services personnel; and
(2) by Section 773.050 or 773.055 only if the department finds
that, under the circumstances, there is a substantial risk that
imposing the requirement will detrimentally affect the health or
safety of one or more persons in the affected rural area or
hinder the ability of emergency medical services personnel who
practice in the area to alleviate a threat to the health or
safety of one or more persons in the area.
(c) The exemption must be in writing, include the findings
required by Subsection (b), and expire at a stated time. The
written findings must be accompanied by a concise and explicit
statement that specifically describes the circumstances that
support the finding.
(d) In granting the exemption, the department in writing must
require the affected emergency medical services personnel or the
appropriate emergency medical services provider to adopt a
written plan under which the applicable requirement will be met
as soon as possible.
(e) A temporary exemption under this section may allow emergency
medical services personnel who are applicants for certification
at a higher level of training to temporarily practice at the
higher level.
Added by Acts 2003, 78th Leg., ch. 848, Sec. 1, eff. June 20,
2003.
Sec. 773.005. BUREAU OF EMERGENCY MANAGEMENT. (a) The bureau
of emergency management is in the department under the direction
of a bureau chief.
(b) The bureau chief must have:
(1) proven ability as an administrator and organizer; and
(2) direct experience in emergency medical services.
(c) In filling the position of bureau chief, the department
shall give preference to a physician who applies for the
position.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 773.006. FUND FOR EMERGENCY MEDICAL SERVICES, TRAUMA
FACILITIES, AND TRAUMA CARE SYSTEMS. (a) The fund for emergency
medical services, trauma facilities, and trauma care systems is
established as an account in the general revenue fund. Money in
the account may be appropriated only to the bureau for the
purposes specified by Section 773.122.
(b) The account is composed of money deposited to the account
under Article 102.0185, Code of Criminal Procedure, and the
earnings of the account.
(c) Sections 403.095 and 404.071, Government Code, do not apply
to the account.
Added by Acts 2003, 78th Leg., ch. 1213, Sec. 1, eff. Sept. 1,
2003.
Sec. 773.007. SUPERVISION OF EMERGENCY PREHOSPITAL CARE. (a)
The provision of advanced life support must be under medical
supervision and a licensed physician's control.
(b) The provision of basic life support may be under medical
supervision and a licensed physician's control.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 773.008. CONSENT FOR EMERGENCY CARE. Consent for emergency
care of an individual is not required if:
(1) the individual is:
(A) unable to communicate because of an injury, accident, or
illness or is unconscious; and
(B) suffering from what reasonably appears to be a
life-threatening injury or illness;
(2) a court of record orders the treatment of an individual who
is in an imminent emergency to prevent the individual's serious
bodily injury or loss of life; or
(3) the individual is a minor who is suffering from what
reasonably appears to be a life-threatening injury or illness and
whose parents, managing or possessory conservator, or guardian is
not present.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 773.009. LIMITATION ON CIVIL LIABILITY. A person who
authorizes, sponsors, supports, finances, or supervises the
functions of emergency room personnel and emergency medical
services personnel is not liable for civil damages for an act or
omission connected with training emergency medical services
personnel or with services or treatment given to a patient or
potential patient by emergency medical services personnel if the
training, services, or treatment is performed in accordance with
the standard of ordinary care.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 773.011. SUBSCRIPTION PROGRAMS. (a) An emergency medical
services provider may create and operate a subscription program
to fund and provide emergency medical services.
(b) The board shall adopt rules establishing minimum standards
for the creation and operation of a subscription program.
(c) The board shall adopt a rule that requires an emergency
medical services provider to secure a surety bond in the amount
of sums to be subscribed before soliciting subscriptions and
creating and operating a subscription program. The surety bond
must be issued by a company that is licensed by or eligible to do
business in this state.
(d) The board may adopt rules for waiver of the surety bond.
(e) The Insurance Code does not apply to a subscription program
established under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 242, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 915, Sec. 2, eff. Aug. 28, 1995.
Sec. 773.012. ADVISORY COUNCIL. (a) The governor shall appoint
an advisory council to advise the board regarding matters related
to the responsibilities of the board, commissioner, and
department under this chapter. In making appointments to the
advisory council, the governor shall ensure that approximately
one-half of the members of the advisory council are residents of
rural areas of the state.
(b) The advisory council is composed of the following 15 members
appointed by the governor:
(1) a board-certified emergency physician, appointed from a list
of names recommended by a statewide professional association of
emergency physicians;
(2) a licensed physician who is an emergency medical services
medical director, appointed from a list of names recommended by a
statewide professional association of emergency medical services
medical directors;
(3) a fire chief for a municipality that provides emergency
medical services, appointed from a list of names recommended by a
statewide fire chiefs association;
(4) an officer or employee of a private provider of emergency
medical services who is involved with the development of a Texas
Trauma System, appointed from a list of names recommended by a
statewide association of private providers of emergency medical
services;
(5) a volunteer who provides emergency medical services,
appointed from a list of names recommended by a statewide
association of volunteers;
(6) an educator in the field of emergency medical services;
(7) a member of an emergency medical services air medical team
or unit, appointed from a list of names recommended by a
statewide emergency medical services air medical association;
(8) a representative of a fire department that provides
emergency medical services, appointed from a list of names
recommended by a statewide association of firefighters;
(9) a representative of hospitals who is affiliated with a
hospital that is a designated trauma facility in an urban
community, appointed from a list of names recommended by a
statewide association of hospitals;
(10) a representative of hospitals, who is affiliated with a
hospital that is a designated trauma facility in a rural
community, appointed from a list of names recommended by a
statewide association of hospitals;
(11) a representative of a county provider of emergency medical
services;
(12) one licensed physician who is a pediatrician with trauma or
emergency care expertise;
(13) one trauma surgeon or one registered nurse with trauma
expertise; and
(14) two representatives of the general public who are not
qualified to serve under another subdivision of this subsection.
(c) A person may not be a public member of the advisory council
if the person or the person's spouse:
(1) is registered, certified, or licensed by a regulatory agency
in the field of emergency medical services;
(2) is employed by or participates in the management of a
business entity or other organization regulated by or receiving
money from the department;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by or receiving money from the department; or
(4) uses or receives a substantial amount of tangible goods,
services, or money from the department other than reimbursement
authorized by law for advisory council membership, attendance, or
expenses.
(d) In this subsection, "Texas trade association" means a
cooperative and voluntarily joined association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest. A person may not be a member of the advisory council
if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of emergency medical
services; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of emergency
medical services.
(e) A person may not be a member of the advisory council if the
person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation
of the department.
(f) Members of the advisory council serve staggered six-year
terms with the terms of five members expiring January 1 of each
even-numbered year. A vacancy on the advisory council is filled
in the same manner as the original appointment for the unexpired
term.
(g) The governor shall appoint the presiding officer of the
advisory council.
(h) A member of the advisory council serves without
compensation. Chapter 2110, Government Code, does not apply to
the size, composition, or duration of the advisory council.
(i) The advisory council shall meet at least quarterly in the
city of Austin. The advisory council shall meet as provided by
procedural rules adopted by the advisory council or at the call
of the presiding officer. The advisory council may appoint
committees it considers necessary to perform its duties.
(j) The advisory council periodically shall review board rules
relating to this chapter and may recommend changes in those rules
to the board. The board and the commissioner shall ensure that
the advisory council is given adequate time and opportunity to
review and comment on each rule proposed for adoption by the
board under this chapter, including the amendment or repeal of an
existing rule, but not including an emergency rule.
(k) The advisory council shall assess the need for emergency
medical services in the rural areas of the state.
(l) The advisory council shall develop a strategic plan for:
(1) refining the educational requirements for certification and
maintaining certification as emergency medical services
personnel; and
(2) developing emergency medical services and trauma care
systems.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 19.01, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch. 874, Sec. 2, eff.
Sept. 1, 2001.
Sec. 773.013. PEER ASSISTANCE PROGRAM. The department may
establish, approve, and fund a peer assistance program in
accordance with Section 467.003 and board rules.
Added by Acts 2001, 77th Leg., ch. 874, Sec. 3, eff. Sept. 1,
2001.
Sec. 773.014. ADMINISTRATION OF EPINEPHRINE. (a) An emergency
medical services provider and a first responder organization may
acquire and possess epinephrine auto-injector devices in
accordance with this section. Emergency medical services
personnel may carry and administer epinephrine auto-injector
devices in accordance with this section.
(b) The department shall adopt rules designed to protect the
public health and safety to implement this section. The rules
must provide that emergency medical services personnel may
administer an epinephrine auto-injector device to another only if
the person has successfully completed a training course, approved
by the department, in the use of the device that is consistent
with the national standard training curriculum for emergency
medical technicians.
(c) An emergency medical services provider or first responder
organization may acquire, possess, maintain, and dispose of
epinephrine auto-injector devices, and emergency medical services
personnel may carry, maintain, administer, and dispose of
epinephrine auto-injector devices, only in accordance with:
(1) rules adopted by the department under this section; and
(2) a delegated practice agreement that provides for medical
supervision by a licensed physician who either:
(A) acts as a medical director for an emergency medical services
system or a licensed hospital; or
(B) has knowledge and experience in the delivery of emergency
care.
(c-1) A licensed physician acting as a medical director for an
emergency medical services system may restrict the use and
administration of epinephrine auto-injector devices to certain
emergency medical services personnel of the system through:
(1) the delegated practice agreement; or
(2) the adoption of policies governing the use of the devices by
personnel within the system.
(d) Emergency medical services personnel who administer
epinephrine auto-injector devices to others shall immediately
report the use to the physician supervising the activities of the
emergency medical services personnel.
(e) The administration of an epinephrine auto-injector device to
another under this section is considered to be the administration
of emergency care for the purposes of any statute relating to
liability for the provision of emergency care. The administration
of an epinephrine auto-injector device to another in accordance
with the requirements of this section does not constitute the
unlawful practice of any health care profession.
(f) A person otherwise authorized to sell or provide an
epinephrine auto-injector device to another may sell or provide
the devices to an emergency medical services provider or a first
responder organization authorized to acquire and possess the
devices under this section.
(g) This section does not prevent emergency medical services
personnel who are also licensed health care professionals under
another health care licensing law and who are authorized to
acquire, possess, and administer an epinephrine auto-injector
device under the other health care licensing law from acting
under the other law.
(h) This section does not impose a standard of care not
otherwise required by law.
Added by Acts 2001, 77th Leg., ch. 874, Sec. 4, eff. Jan. 1,
2002; Acts 2001, 77th Leg., ch. 1131, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1079, Sec. 1, eff. June 15, 2007.
Sec. 773.015. IDENTIFICATION OF CERTAIN PATIENTS RECEIVING
EMERGENCY PREHOSPITAL CARE. Emergency medical services personnel
or emergency room medical or admissions personnel may take the
thumbprint of a person who receives emergency prehospital care if
the person:
(1) does not possess personal identification at the time the
care is administered;
(2) is unconscious;
(3) is transported across the Texas-Mexico border by ambulance
or helicopter while receiving emergency prehospital care; and
(4) is delivered to a hospital that has digital fingerprinting
capabilities.
Added by Acts 2005, 79th Leg., Ch.
517, Sec. 1, eff. September 1, 2005.
SUBCHAPTER B. STATE PLAN FOR EMERGENCY SERVICES
Sec. 773.021. STATE PLAN. (a) The bureau shall develop a state
plan for the prompt and efficient delivery of adequate emergency
medical services to acutely sick or injured persons.
(b) The state plan must include an emergency radio communication
plan to be used by local governments and districts that provide
emergency medical services to develop an emergency radio
communication network linking emergency medical services
providers with local hospitals or trauma centers.
(c) The advisory council shall consider the bureau's actions
under Subsection (a), and the board shall review the council's
recommendations.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 488, Sec. 1, eff. June 12,
1995.
Sec. 773.022. SERVICE DELIVERY AREAS. The bureau shall divide
the state into emergency medical services delivery areas that
coincide, to the extent possible, with other regional planning
areas.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 773.023. AREA PLANS. (a) The bureau shall:
(1) identify all public or private agencies and institutions
that are used or may be used for emergency medical services in
each delivery area; and
(2) enlist the cooperation of all concerned agencies and
institutions in developing a well-coordinated plan for delivering
emergency medical services in each delivery area.
(b) A delivery area plan must include an interagency
communications network that facilitates prompt and coordinated
response to medical emergencies by the Department of Public
Safety, local police departments, ambulance personnel, medical
facilities, and other concerned agencies and institutions.
(c) A delivery area plan may include the use of helicopters that
may be available from the Department of Public Safety, the
National Guard, or the United States Armed Forces.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 773.024. FEDERAL PROGRAMS. The bureau is the state agency
designated to develop state plans required for participation in
federal programs involving emergency medical services. The bureau
may receive and disburse available federal funds to implement the
service programs.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 773.025. ACCESSIBILITY OF TRAINING. (a) The bureau shall
identify all individuals and public or private agencies and
institutions that are or may be engaged in emergency medical
services training in each delivery area.
(b) A delivery area plan must include provisions for encouraging
emergency medical services training so as to reduce the cost of
training to emergency medical services providers and to make
training more accessible to low population or remote areas.
(c) A governmental entity that sponsors or wishes to sponsor an
emergency medical services provider may request the bureau to
provide emergency medical services training for emergency care
attendants at times and places that are convenient for the
provider's personnel, if the training is not available locally.
(d) A governmental entity or nongovernmental organization that
sponsors or wishes to sponsor an emergency medical services
provider or first responder organization in a rural or
underserved area may request the bureau to provide or facilitate
the provision of initial training for emergency care attendants,
if the training is not available locally. The bureau shall ensure
that the training is provided. The bureau shall provide the
training without charge, or contract with qualified instructors
to provide the training without charge, to students who agree to
perform emergency care attendant services for at least one year
with the local emergency medical services provider or first
responder organization. The training must be provided at times
and places that are convenient to the students. The bureau shall
require that at least three students are scheduled to take any
class offered under this subsection.
(e) To facilitate all levels of emergency medical services
training, the bureau shall consult with and solicit comment from
emergency medical services providers, first responder
organizations, persons who provide emergency medical services
training, and other entities interested in emergency medical
services training programs.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2001, 77th Leg., ch. 874, Sec. 5, eff. Sept. 1,
2001.
SUBCHAPTER C. LICENSES, CERTIFICATION, AND QUALIFICATIONS
Sec. 773.041. LICENSE OR CERTIFICATE REQUIRED. (a) A person
may not operate, conduct, or maintain an emergency medical
service, advertise that the person is an emergency medical
services provider, or otherwise engage in or profess to be
engaged in the provision of emergency medical services unless the
person holds a license as an emergency medical services provider
issued by the department in accordance with this chapter.
(a-1) A person may not transport a patient by stretcher in a
vehicle unless the person holds a license as an emergency medical
services provider issued by the department in accordance with
this chapter. For purposes of this subsection, "person" means an
individual, corporation, organization, government, governmental
subdivision or agency, business, trust, partnership, association,
or any other legal entity.
(b) A person may not practice as any type of emergency medical
services personnel unless the person is certified under this
chapter and rules adopted under this chapter.
(c) A certificate or license issued under this chapter is not
transferable.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 244, eff. Sept. 1,
1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
268, Sec. 14(b), eff. September 1, 2007.
Sec. 773.0415. LIMITATION ON INFORMATION REQUIRED FOR
CERTIFICATE RENEWAL. The requirements and procedures adopted by
the department for the renewal of a certificate to practice as
emergency medical services personnel issued under this chapter:
(1) may not require an applicant to provide unchanged criminal
history information already included in one or more of the
applicant's previous applications for certification or for
certificate renewal filed with the department; and
(2) may require the applicant to provide only information
relevant to the period occurring since the date of the
applicant's last application for certification or for certificate
renewal, as applicable, including information relevant to any new
requirement applicable to the certificate held by the applicant.
Added by Acts 2009, 81st Leg., R.S., Ch.
332, Sec. 1, eff. September 1, 2009.
Sec. 773.042. BASIC LIFE-SUPPORT EMERGENCY MEDICAL SERVICES
PROVIDER QUALIFICATIONS. A provider qualifies as a basic
life-support emergency medical services provider if it provides a
vehicle that is designed for transporting the sick or injured,
has personnel and sufficient equipment and supplies for providing
basic life support, and is capable of providing emergency and
nonemergency transportation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 915, Sec. 3, eff. Aug. 28,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
305, Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1034, Sec. 5, eff. September 1, 2005.
Sec. 773.043. ADVANCED LIFE-SUPPORT EMERGENCY MEDICAL SERVICES
PROVIDER QUALIFICATIONS. A provider qualifies as an advanced
life-support emergency medical services provider if it:
(1) meets the requirements of a basic life-support emergency
medical services provider; and
(2) has personnel and sufficient equipment and supplies for
providing intravenous therapy and endotracheal or esophageal
intubation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 915, Sec. 4, eff. Aug. 28,
1995.
Sec. 773.044. MOBILE INTENSIVE-CARE PROVIDER QUALIFICATIONS. A
provider qualifies as a mobile intensive-care provider if it:
(1) meets the requirements of an advanced life-support emergency
medical services provider; and
(2) has personnel and sufficient equipment and supplies to
provide cardiac monitoring, defibrillation, cardioversion, drug
therapy, and two-way radio communication.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 915, Sec. 5, eff. Aug. 28,
1995.
Sec. 773.045. SPECIALIZED EMERGENCY MEDICAL SERVICES PROVIDER
QUALIFICATIONS. (a) A provider using a vehicle, including a
helicopter, boat, fixed-wing aircraft, or ground vehicle,
qualifies as a specialized emergency medical services provider
if:
(1) the vehicle is designed for transporting the sick or injured
by air, water, or ground transportation; and
(2) the provider has personnel and sufficient equipment and
supplies to provide for the specialized needs of the patient
transported.
(b) A rotor or fixed-wing aircraft and staff based in this state
and used to transport a patient by stretcher and that holds
itself out as an air ambulance service is required to be licensed
by the department.
(c) An air ambulance company based in another state that
transports patients from a point in this state is required to be
licensed by the department as an emergency medical services
provider. The department shall issue a license to an air
ambulance company under this subsection if the company applies as
required by this chapter and has met the department's
qualifications for safely transporting patients. An air ambulance
company accredited by the Committee on Air Ambulance Medical
Services is rebuttably presumed to have met the department's
qualifications.
(d) An air ambulance company licensed under Subsection (c) must
include information regarding the physical location of the
company's base operations in any advertising by the company in
this state. This subsection does not prohibit an air ambulance
company with multiple locations from listing those locations in
advertising, provided that the air ambulance company meets all
the provisions of this chapter.
(e) An air ambulance company that is not located in this state
and that advertises within this state must have at least one
physical location in this state.
(f) This section does not require an air transportation provider
to be licensed if, in addition to the company's normal air
transportation service, the air transportation company provides
only voluntary, mercy-flight transportation at the company's own
expense.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 245, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 376, Sec. 2, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 915, Sec. 6, eff. Aug. 28, 1995; Acts
1997, 75th Leg., ch. 1182, Sec. 1, eff. Sept. 1, 1997.
Sec. 773.046. EMERGENCY CARE ATTENDANT QUALIFICATIONS. (a) An
individual qualifies as an emergency care attendant if the
individual is certified by the department as minimally proficient
to provide emergency prehospital care by providing initial aid
that promotes comfort and avoids aggravation of an injury or
illness.
(b) The department may not require an individual to have a high
school diploma or a high school equivalency certificate for
certification as an emergency care attendant under this chapter
if the individual certifies that the individual will serve only
as an emergency care attendant volunteer during the certification
period.
(c) The board shall adopt rules as necessary to administer this
section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 246, eff. Sept. 1,
1991; Acts 2003, 78th Leg., ch. 1035, Sec. 1, eff. Sept. 1, 2003.
Sec. 773.047. EMERGENCY MEDICAL TECHNICIAN QUALIFICATIONS. An
individual qualifies as an emergency medical technician if the
individual is certified by the department as minimally proficient
to perform emergency prehospital care that is necessary for basic
life support and that includes cardiopulmonary resuscitation and
the control of hemorrhaging.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 247, eff. Sept. 1,
1991.
Sec. 773.048. EMERGENCY MEDICAL TECHNICIAN--INTERMEDIATE
QUALIFICATIONS. An individual qualifies as an emergency medical
technician-intermediate if the individual is certified by the
department as minimally proficient to provide emergency
prehospital care by initiating under medical supervision certain
procedures, including intravenous therapy and endotracheal or
esophageal intubation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 248, eff. Sept. 1,
1991.
Sec. 773.049. EMERGENCY MEDICAL TECHNICIAN--PARAMEDIC
QUALIFICATIONS. An individual qualifies as an emergency medical
technician-paramedic if the individual is certified by the
department as minimally proficient to provide advanced life
support that includes initiation under medical supervision of
certain procedures, including intravenous therapy, endotracheal
or esophageal intubation, electrical cardiac defibrillation or
cardioversion, and drug therapy.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 249, eff. Sept. 1,
1991.
Sec. 773.0495. LICENSED PARAMEDIC QUALIFICATIONS. An individual
qualifies as a licensed paramedic if the department determines
that the individual is minimally proficient to provide advanced
life support that includes initiation under medical supervision
of certain procedures, including intravenous therapy,
endotracheal or esophageal intubation, electrical cardiac
defibrillation or cardioversion, and drug therapy. In addition, a
licensed paramedic must complete a curriculum that includes
college-level course work in accordance with rules adopted by the
board.
Added by Acts 1997, 75th Leg., ch. 435, Sec. 2, eff. Sept. 1,
1997.
Sec. 773.050. MINIMUM STANDARDS. (a) Each basic life-support
emergency medical services vehicle when in service must be
staffed by at least two individuals certified as emergency care
attendants or certified at a higher level of training.
(b) The executive commissioner 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 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 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 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 shall adopt minimum standards for
recognition of first responder organizations.
(f) The executive commissioner 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 to remain
certified.
(g) Rules adopting minimum standards under this section shall
require:
(1) an emergency medical services vehicle to be equipped with an
epinephrine auto-injector device or similar device to treat
anaphylaxis; and
(2) emergency medical services personnel to complete continuing
education training in the administration of anaphylaxis
treatment.
(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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 250, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 605, Sec. 3, eff. Sept. 1, 1991;
Acts 1993, 73rd Leg., ch. 251, Sec. 1, eff. May 23, 1993; Acts
1995, 74th Leg., ch. 915, Sec. 7, eff. Aug. 28, 1995; Acts 1999,
76th Leg., ch. 1411, Sec. 19.02, eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 198, Sec. 2.84(a), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1079, Sec. 2, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1149, Sec. 2, eff. September 1, 2009.
Sec. 773.0505. RULES REGARDING ADVERTISING OR COMPETITIVE
BIDDING. (a) The board may not adopt rules restricting
advertising or competitive bidding by a license or certificate
holder except to prohibit false, misleading, or deceptive
practices.
(b) In its rules to prohibit false, misleading, or deceptive
practices, the board may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a license or certificate holder's
personal appearance or voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
license or certificate holder; or
(4) restricts the license or certificate holder's advertisement
under a trade name.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 19.03, eff. Sept.
1, 1999.
Sec. 773.051. MUNICIPAL REGULATION. A municipality may
establish standards for an emergency medical services provider
that are stricter than the minimum standards of this chapter and
department rules adopted under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 915, Sec. 8, eff. Aug. 28,
1995.
Sec. 773.052. VARIANCES. (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 for filing an application
for a variance.
(b) On receipt of a request for a variance, the department shall
consider any relevant factors, including:
(1) the nearest available service;
(2) geography; and
(3) demography.
(c) The bureau chief shall grant to a sole provider for a
service area a variance from the minimum standards for staffing
and equipment for the provision of basic life-support emergency
medical services if the provider is an emergency medical services
provider exempt from the payment of fees under Section 773.0581.
(d) An applicant for a variance under Subsection (c) must submit
a letter to the department from the commissioners court of the
county or the governing body of the municipality in which the
provider intends to operate an emergency medical services
vehicle. The letter must state that there is no other emergency
medical services provider in the service area.
(e) The department shall grant a variance under Subsection (c)
if the department determines that the provider qualifies and may
deny the variance if the department determines that the provider
does not qualify. The department shall give a provider whose
application is denied the opportunity for a contested case
hearing under Chapter 2001, Government Code.
(f) The department shall issue an emergency medical services
license to a provider granted a variance under this section. The
license is subject to annual review by the department. A provider
is encouraged to upgrade staffing and equipment to meet the
minimum standards set by the rules adopted under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 251, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 605, Sec. 4, eff. Sept. 1, 1991;
Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;
Acts 2003, 78th Leg., ch. 198, Sec. 2.84(b), eff. Sept. 1, 2003.
Sec. 773.054. APPLICATIONS FOR PERSONNEL CERTIFICATION AND
TRAINING PROGRAM APPROVAL. (a) This section applies to an
application for:
(1) examination for certification of emergency medical services
personnel;
(2) approval of a course or training program; or
(3) certification of a program instructor, examiner, or course
coordinator.
(b) Each application must be made to the department on a form
prescribed by the board and under rules adopted by the board.
(c) Each application under Subsection (a)(3) must be accompanied
by a nonrefundable fee of not more than $30 for a program
instructor or examiner or $60 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 for a basic course or
training program or $60 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 253, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 915, Sec. 9, eff. Aug. 28, 1995;
Acts 2003, 78th Leg., ch. 198, Sec. 2.84(c), eff. Sept. 1, 2003.
Sec. 773.055. CERTIFICATION OF EMERGENCY MEDICAL SERVICES
PERSONNEL. (a) A nonrefundable fee must accompany each
application for emergency medical services personnel
certification. The fee may not exceed:
(1) $90 for an emergency medical technician-paramedic or
emergency medical technician-intermediate;
(2) $60 for an emergency medical technician or emergency care
attendant;
(3) $90 for recertification of an emergency medical
technician-paramedic or emergency medical
technician-intermediate;
(4) $60 for recertification of an emergency medical technician
or emergency care attendant; or
(5) $120 for certification or recertification of a licensed
paramedic.
(b) Except as provided by Subsection (c), the department shall
notify each examinee of the results of an examination for
certification not later than the 30th day after the date on which
the examination is administered.
(c) The department shall notify an examinee of the results of an
examination not later than the 14th day after the date on which
the department receives the results if the examination is graded
or reviewed by a national testing service. If the notice of the
examination results will be delayed longer than 90 days after the
examination date, the department shall notify each examinee of
the reason for the delay before the 90th day.
(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 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 to replace a lost
certificate.
(f) A fee required by this section is the obligation of the
applicant but may be paid by the emergency medical services
provider. If an applicant is required to be certified as a
condition of employment, the emergency medical services provider
shall pay for all fees required by this section, except for a fee
to replace a lost certificate, in addition to any other
compensation paid to that applicant if the provider is a
municipality. A municipality that requires a fire fighter to be
certified as emergency medical services personnel shall pay the
fees required by this section.
(g) The board by rule may adopt a system under which
certificates expire on various dates during the year. For the
year in which the certificate expiration date is changed, the
department shall prorate certificate fees on a monthly basis so
that each certificate holder pays only that portion of the
certificate fee that is allocable to the number of months during
which the certificate is valid. On renewal of the certificate on
the new expiration date, the total certificate renewal fee is
payable.
(h) The department shall ensure that the written examinations
and any other tests that the department requires a person to take
and pass to obtain or retain certification as emergency medical
services personnel shall be administered during the course of a
year at various locations around the state so that a person who
resides in any part of the state will be able to take the
examinations or tests without having to travel a distance that as
a practical matter requires either travel by air or an overnight
stay.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 254, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 251, Sec. 2, eff. May 23, 1993;
Acts 1995, 74th Leg., ch. 915, Sec. 10, eff. Aug. 28, 1995; Acts
1997, 75th Leg., ch. 435, Sec. 3, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 1411, Sec. 19.04, eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 198, Sec. 2.84(d), eff. Sept. 1, 2003.
Sec. 773.056. APPROVAL OF TRAINING PROGRAMS; CERTIFICATION OF
INSTRUCTORS, EXAMINERS, AND COORDINATORS. (a) The department
shall approve each course or training program that meets the
minimum standards adopted under Section 773.050.
(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 to replace a lost or stolen certificate.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 255, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 915, Sec. 11, eff. Aug. 28, 1995;
Acts 2003, 78th Leg., ch. 198, Sec. 2.84(e), eff. Sept. 1, 2003.
Sec. 773.057. EMERGENCY MEDICAL SERVICES PROVIDERS LICENSE. (a)
An emergency medical services provider must submit an
application for a license in accordance with procedures
prescribed by the board.
(b) A nonrefundable application and vehicle fee determined by
the board must accompany each application. The application fee
may not exceed $500 for each application and the vehicle fee may
not exceed $180 for each emergency medical services vehicle
operated by the provider.
(c) The department may delegate vehicle inspections to the
commissioners court of a county or the governing body of a
municipality. The delegation must be made:
(1) at the request of the commissioners court or governing body;
and
(2) in accordance with criteria and procedures adopted by the
board.
(d) The commissioners court of a county or governing body of a
municipality that conducts inspections under Subsection (c) shall
collect and retain the fee for vehicles it inspects.
(e) In addition to any other qualifications that an emergency
medical services provider must possess to obtain the type of
license sought, all emergency medical services providers must
possess the qualifications required for a basic emergency medical
services provider under Section 773.042.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 256, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 915, Sec. 12, eff. Aug. 28, 1995;
Acts 2003, 78th Leg., ch. 198, Sec. 2.84(f), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
305, Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1034, Sec. 6, eff. September 1, 2005.
Sec. 773.0571. REQUIREMENTS FOR PROVIDER LICENSE. The
department shall issue to an emergency medical services provider
a license that is valid for two years if the department is
satisfied that:
(1) the emergency medical services provider has adequate staff
to meet the staffing standards prescribed by this chapter and the
rules adopted under this chapter;
(2) each emergency medical services vehicle is adequately
constructed, equipped, maintained, and operated to render basic
or advanced life support services safely and efficiently;
(3) the emergency medical services provider offers safe and
efficient services for emergency prehospital care and
transportation of patients; and
(4) the emergency medical services provider complies with the
rules adopted by the board under this chapter.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 257, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 915, Sec. 13, eff.
Aug. 28, 1995.
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 must accompany each
application for a provisional license.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 258, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 915, Sec. 14, eff.
Aug. 28, 1995; Acts 2003, 78th Leg., ch. 198, Sec. 2.84(g), eff.
Sept. 1, 2003.
Sec. 773.058. VOLUNTEERS EXEMPT FROM FEES. An individual who is
an emergency medical services volunteer is exempt from the
payment of fees under Section 773.055 if the individual does not
receive compensation for providing emergency medical services. If
an individual accepts compensation during the certification
period, the individual shall pay to the department a prorated
application fee for the duration of the certification period. In
this section, "compensation" does not include reimbursement for
actual expenses for medical supplies, gasoline, clothing, meals,
and insurance incurred in providing emergency medical services.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 259, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 605, Sec. 5, eff. Sept. 1, 1991.
Sec. 773.0581. PROVIDERS EXEMPT FROM FEES. (a) An emergency
medical services provider is exempt from the payment of fees
under this subchapter if the provider uses emergency medical
services volunteers exclusively to provide emergency prehospital
care. However, an emergency medical services provider is not
disqualified from the exemption if the provider compensates
physicians who provide medical supervision and not more than five
full-time staff or their equivalent.
(b) This chapter does not prohibit an emergency medical services
provider who uses volunteer emergency medical services personnel
but has more than five paid staff from using the word "volunteer"
in advertising if the organization is composed of at least 75
percent volunteer personnel.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 260, eff. Sept. 1,
1991.
Sec. 773.059. LATE RECERTIFICATION. (a) A person who is
otherwise eligible to renew a certificate may renew an unexpired
certificate by paying the required renewal fee to the department
before the expiration date of the certificate. A person whose
certificate has expired may not engage in activities that require
certification until the certificate has been renewed.
(b) A person whose certificate has been expired for 90 days or
less may renew the certificate by paying to the department a
renewal fee that is equal to 1-1/2 times the normally required
renewal fee.
(c) A person whose certificate has been expired for more than 90
days but less than one year may renew the certificate by paying
to the department a renewal fee that is equal to two times the
normally required renewal fee.
(d) A person whose certificate has been expired for one year or
more may not renew the certificate. The person may become
certified by complying with the requirements and procedures,
including the examination requirements, for an original
certification.
(e) A person who was certified in this state, moved to another
state, and is currently certified or licensed and has been in
practice in the other state for the two years preceding the date
of application may become certified without reexamination. The
person must pay to the department a fee that is equal to two
times the normally required renewal fee for certification.
(f) Not later than the 30th day before the date a person's
certificate is scheduled to expire, the department shall send
written notice of the impending expiration to the person at the
person's last known address according to the records of the
department.
(g) A person certified by the department who is deployed in
support of military, security, or other action by the United
Nations Security Council, a national emergency declared by the
president of the United States, or a declaration of war by the
United States Congress is eligible for recertification under
Section 773.050 on the person's demobilization for one calendar
year after the date of demobilization.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 261, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 605, Sec. 6, eff. Sept. 1, 1991;
Acts 1993, 73rd Leg., ch. 251, Sec. 3,