<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 157EMERGENCY MEDICAL CARE
SUBCHAPTER AEMERGENCY MEDICAL SERVICES - PART A
RULE §157.3Processing EMS Provider Licenses and Applications for EMS Personnel Certification and Licensure

(a) Purpose. The purpose of this section is to set out the time periods by which the Texas Department of Health (department) processes applications for emergency medical services (EMS) provider licenses and EMS personnel certification and licensure.

(b) First time period. The first period is a time from the date of receipt of an application to the date of issuance of a written notice that the application is complete or that additional specific information is required. An appointment for the survey of an EMS provider may be in lieu of the notice of acceptance of a complete application. The time periods for each application are as follows.

  (1) EMS provider licenses. The time periods are 21 days for the letter of deficiency and 45 days after completing licensure requirements for the issuance of the EMS provider license.

  (2) EMS personnel certificates or licenses. The time periods are 21 days for the letter of deficiency and 45 days after testing for the issuance of EMS personnel certificate or license.

(c) Second time period. The second period is a time from the date of receipt of the last item necessary to complete the application, including survey or testing, to the date of issuance of written notice approving or denying the application. The denial time periods include notification of the proposed decision and the opportunity for an informal or formal hearing. The time periods for each application are as follows.

  (1) EMS provider license.

    (A) The time period for the initial letter of approval for a license is 45 days.

    (B) The time period for the letter of denial for a license is 120 days. The time period includes the applicant requests for a variance from minimum standards and the review necessary for this request.

    (C) The time period for the issuance of a license is 45 days.

  (2) EMS personnel certificates or licenses.

    (A) The time period for the letter of approval for an examination is 45 days.

    (B) The time period for the letter of denial for an examination is 180 days. This time limit reflects the applicant being investigated for acceptance for examination based on a criminal conviction or statutory action under the Health and Safety Code, Chapter 773 and rules adopted thereunder.

    (C) The time period for the issuance of a certificate or license is 45 days.

(d) Reimbursement of fees.

  (1) In the event the application is not processed in the time periods as stated in subsections (b) and (c) of this section, the applicant has the right to request of the bureau chief of the Bureau of Emergency Management, full reimbursement of all filing fees paid in that particular application process. If the bureau chief does not agree that the established periods have been violated or finds that good cause existed for exceeding the established periods, the request will be denied.

  (2) Good cause for exceeding the period established is considered to exist if:

    (A) the number of applications for licenses, registrations, certifications, and permits as appropriate to be processed exceeds by 15% or more the number processed in the same calendar quarter the preceding year;

    (B) another public or private entity utilized in the application process caused the delay; or

    (C) other conditions existed giving good cause for exceeding the established periods.

(e) Appeal. If the request for full reimbursement authorized by subsection (d) of this section is denied, the applicant may then appeal to the commissioner of health for a resolution of the dispute. The applicant shall give written notice to the commissioner that he requests full reimbursement of all filing fees paid because his application was not processed within the adopted time period. The bureau chief shall submit a written report of the facts related to the processing of the application and good cause for exceeding the established time periods. The commissioner will make the final decision and provide written notification of his decision to the applicant and the bureau chief.

(f) Contested case hearing. If at any time during the processing of the application during the second time period, a contested case hearing becomes involved, the time periods in §1.34 of this title (relating to Time Periods for Conducting Contested Case Hearing) are applicable.

(g) Application for EMS provider license by a corporation. An applicant for an EMS provider license who is a corporation under the Texas Business Corporation Act, Texas Civil Statutes, Article 2.45, shall provide the department with an affidavit issued by the comptroller's office attesting to the applicant's good standing under the Tax Code, Texas Codes Annotated, Chapter 171; and shall comply with department requirements regarding payment of franchise taxes by corporations contracting with the department or applying for a license from the department as described in §1.161 of this title (relating to Delinquent Corporate Franchise Taxes).


Source Note: The provisions of this §157.3 adopted to be effective September 1, 2000, 25 TexReg 3749

Next Page Previous Page



Home TxReg TAC OM NewTac Public Footer Bar