| (a) Emergency Suspension. The bureau chief, Bureau of Emergency
Management (bureau), may issue an emergency suspension order to any licensed
emergency medical services (EMS) provider if the bureau chief has reasonable
cause to believe that the conduct of any licensed provider creates an imminent
danger to public health or safety.
(1) An emergency suspension issued by the bureau chief is effective
immediately without a hearing or notice to the license holder. Notice to the
license holder shall be presumed established on the date that a copy of the
signed emergency suspension order is sent to the individual listed as the
administrator of the service at the address shown in the current records of
the department.
(2) A copy of the emergency suspension order shall be
sent to the provider's listed medical director and to any and all government
entities, institutions or facilities with which the license holder is known
to be associated to the addresses shown in the current records of the department.
(3) If a written request for a hearing is received from
the suspended license holder within 15 days of the date of notice, the department
shall conduct a hearing not later than the thirtieth day after the date on
which a hearing request is received to determine if the emergency suspension
is to be continued, modified or rescinded. The hearing and appeal from any
disciplinary action related to the hearing shall be governed by the Administrative
Procedure Act, Government Code, Chapter 2001.
(b) Administrative penalty. An administrative penalty may be
assessed when an EMS provider is in violation of the Health and Safety Code,
Chapter 773, 25 TAC Chapter 157, or the reasons outlined in subsections (c)
and (d) of this section.
(c) Accountability. A provider retains ultimate responsibility
for the operation of the service. A licensed EMS provider may not claim a
defense when one or more staff members, acting with or without the consent
and knowledge of the license holder, commit(s) multiple violations in this
section, or perform(s) contrary to EMS standards while on EMS business for
the provider.
(d) Nonemergency suspension or revocation. An EMS provider
license may be suspended or revoked for, but not limited to, the following
reasons:
(1) failing to comply with any requirement of provider licensure
as defined in §157.11 of this title (relating to Requirements for an
EMS Provider License);
(2) operating the service while the license is under suspension;
(3) falsifying or altering a license issued by the department;
(4) failing to correct deficiencies as instructed by the
department;
(5) obtaining or attempting to obtain or assisting another
to obtain a provider license or personnel certification by fraud, forgery,
deception, or misrepresentation;
(6) providing false or misleading advertising and/or making
false or misleading claims to clients or the public about the service;
(7) failing to operate a subscription service/membership
program according to provisions in §157.11 of this title;
(8) failing to maintain patient confidentiality according
to standards and department regulations;
(9) discriminating in the provision of services based
on national origin, race, color, creed, religion, gender, sexual orientation,
age, physical or mental disability, or economic status;
(10) falsifying a patient care record or any other document
or record resulting from or pertaining to EMS Provider responsibilities;
(11) obtaining any fee or benefit by fraud, coercion,
theft, deception, or misrepresentation;
(12) failing to give the department true and complete
information when asked, regarding any alleged or actual violation of the Health
and Safety Code, Chapter 773, or the rules adopted thereunder or failing to
report such a violation;
(13) failing to pay an administrative penalty in full
within established time frames;
(14) failing to staff each vehicle deemed to be in service
or response ready with appropriately and currently certified personnel;
(15) operating, directing, or allowing staff to operate
vehicle warning devices unnecessarily or inappropriately;
(16) operating, directing, or allowing any person to operate
any vehicle on EMS business while under the influence of any substance that
inhibits the mental or physical capacities of that person;
(17) having been found to have operated, directed, or
allowed staff to operate any vehicle while on EMS business in a reckless or
unsafe manner and/or in a manner that is dangerous to the health or safety
of any person;
(18) operating, directing, or allowing staff to operate
any vehicle that is not mechanically safe, clean and in good operating condition;
and/or
(19) having been found in violation of any local, state,
or national code or regulation pertaining to EMS operations or business practices;
and/or violating any rule or standard that could jeopardize the health or
safety of any person;.
(e) Denial of a license. A license may be denied for, but not
limited to, the following reasons:
(1) failing to meet the licensing requirements outlined in §157.11
of this title;
(2) one of the owners having a history of a misdemeanor
or felony which the department has determined may put the safety of any person;
at risk;
(3) previous conduct while holding an EMS provider license
which could put any person at risk;
(4) EMS provider in another state;
(5) falsifying or misrepresenting any fact or requirement
on or for an application or related document for a provider license or EMS
personnel license/certificate; and/or
(6) issuing a check for application for a provider license
which is returned to the department unpaid.
(f) Notification. If the department proposes to deny, suspend,
revoke, or probate a license, the license holder shall be notified at the
address shown in the current records of the department. The notice shall state
the alleged facts or conduct to warrant the proposed action and state that
the license holder may request a hearing.
(g) Hearing Request.
(1) A request for a hearing shall be in writing and submitted
to the bureau chief and postmarked within 15 days after the date of the notice.
The hearing shall be conducted pursuant to the Administrative Procedure Act,
Government Code, Chapter 2001.
(2) If the candidate, applicant or licensee does not request
a hearing in writing within 15 days after proper notice, the individual is
deemed to have waived the opportunity for a hearing as outlined in the notice.
(h) Probation. The department may probate any penalty assessed
under this section and may specify terms and conditions of any probation issued.
(i) Re-application.
(1) Two years after denial or revocation of a license, or the
voluntary surrender of a license while disciplinary action is pending, an
individual may petition the department in writing for re-application for licensure.
Expiration of a certificate or license during the suspension period shall
not affect the two-year waiting period required before a petition can be submitted.
(2) The petitioner bears the burden of proving fitness
for licensure.
(3) The department may allow an application for licensure
if there is proof that the health, safety, and confidence of the public will
be protected.
(4) The department may deny any petitioner if, in the
judgement of the bureau chief, the reason for the original action continues
to exist or if the petitioner has failed to offer sufficient proof that there
is no longer a threat to public health, safety, and/or confidence.
(5) If the application is allowed, the petitioner shall
be required to meet the requirements as described in §157.11 of this
title and in addition shall meet the terms of probation in subsection (h)
of this section.
(j) Expiration of a license during suspension. A provider whose
license expires during a suspension period shall not reapply for licensure
until the end of the suspension period.
(k) Surrender of a license. Surrender of a license shall not
deprive the department of jurisdiction in regard to disciplinary action against
the license holder. A provider who wishes to surrender his or her license
prior to the expiration of the license may do so by:
(1) completing a Surrender of License statement; and
(2) in the event that a disciplinary action is pending
or reasonably imminent, the licensee shall acknowledge that the surrender
constitutes a plea of "no contest" to the allegations upon which the disciplinary
action is predicated, acknowledging that the surrender is a "no contest" plea
in the event that a disciplinary action is pending or reasonably imminent.
(l) Notification of disposition. An order of final disposition
of any disciplinary action shall be sent to the license holder at the address
shown in the current records of the department. A copy of the order shall
also be sent to the provider's medical director and to any government entity,
institution or facility with which the license holder is known to be associated
at the address shown in the current records of the department.
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