reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.05713. Report to Legislature

Sec. 773.05713.  REPORT TO LEGISLATURE.  Not later than December 1 of each even-numbered year, the department shall electronically submit a report to the lieutenant governor, the speaker of the house of representatives, and the standing committees of the house and senate with jurisdiction over the department on the effect of Sections 773.05711 and 773.05712 that includes:
(1)  the total number of applications for emergency medical services provider licenses submitted to the department and the number of applications for which licenses were issued or licenses were denied by the department;
(2)  the number of emergency medical services provider licenses that were suspended or revoked by the department for violations of those sections and a description of the types of violations that led to the license suspension or revocation;
(3)  the number of occurrences and types of fraud committed by licensed emergency medical services providers related to those sections;
(4)  the number of complaints made against licensed emergency medical services providers for violations of those sections and a description of the types of complaints, reported in the manner required by Section 773.0605(d); and
(5)  the status of any coordination efforts of the department and the Texas Medical Board related to those sections.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1089 (H.B. 3556), Sec. 2, eff. September 1, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1311 (S.B. 8), Sec. 9(b), eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1226 (S.B. 1899), Sec. 4, eff. June 19, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.05715. Physical Location Required

Sec. 773.05715.  PHYSICAL LOCATION REQUIRED.  (a)  An emergency medical services provider must have a permanent physical location as the provider's primary place of business.  An applicant for an emergency medical services provider license must demonstrate proof of the location of the primary place of business in the manner required by the department.
(b)  The physical location may be owned or leased by the emergency medical services provider.
(c)  The emergency medical services provider must remain in the same physical location for the period of licensure, unless the department approves a change in location.
(d)  The emergency medical services provider must maintain all patient care records in the physical location that is the provider's primary place of business, unless the department approves an alternate location.
(e)  Only one emergency medical services provider may operate out of a single physical location.
Added by Acts 2015, 84th Leg., R.S., Ch. 1226 (S.B. 1899), Sec. 5, eff. June 19, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.05716. Necessary Equipment

Sec. 773.05716.  NECESSARY EQUIPMENT.  (a)  An emergency medical services provider must own or hold a long-term lease for all equipment necessary for the safe operation of an emergency medical services provider, including emergency medical services vehicles, heart rate monitors, defibrillators, stretchers, and any other equipment the department determines is required.
(b)  An applicant for an emergency medical services provider license must demonstrate proof of compliance with this section in the manner required by the department.
Added by Acts 2015, 84th Leg., R.S., Ch. 1226 (S.B. 1899), Sec. 5, eff. June 19, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.0572. Provisional Licenses

Sec. 773.0572.  PROVISIONAL LICENSES.  The executive commissioner 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1533, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.0573. Letter of Approval From Local Governmental Entity

Sec. 773.0573.  LETTER OF APPROVAL FROM LOCAL GOVERNMENTAL ENTITY.  (a)  An emergency medical services provider applicant must obtain a letter of approval from:
(1)  the governing body of the municipality in which the applicant is located and is applying to provide emergency medical services; or
(2)  if the applicant is not located in a municipality, the commissioners court of the county in which the applicant is located and is applying to provide emergency medical services.
(b)  A governing body of a municipality or a commissioners court of a county may issue a letter of approval to an emergency medical services provider applicant who is applying to provide emergency medical services in the municipality or county only if the governing body or commissioners court determines that:
(1)  the addition of another licensed emergency medical services provider will not interfere with or adversely affect the provision of emergency medical services by the licensed emergency medical services providers operating in the municipality or county;
(2)  the addition of another licensed emergency medical services provider will remedy an existing provider shortage that cannot be resolved through the use of the licensed emergency medical services providers operating in the municipality or county; and
(3)  the addition of another licensed emergency medical services provider will not cause an oversupply of licensed emergency medical services providers in the municipality or county.
(c)  An emergency medical services provider is prohibited from expanding operations to or stationing any emergency medical services vehicles in a municipality or county other than the municipality or county from which the provider obtained the letter of approval under this section until after the second anniversary of the date the provider's initial license was issued, unless the expansion or stationing occurs in connection with:
(1)  a contract awarded by another municipality or county for the provision of emergency medical services;
(2)  an emergency response made in connection with an existing mutual aid agreement; or
(3)  an activation of a statewide emergency or disaster response by the department.
(d)  This section does not apply to:
(1)  renewal of an emergency medical services provider license; or
(2)  a municipality, county, emergency services district, hospital, or emergency medical services volunteer provider organization in this state that applies for an emergency medical services provider license.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1089 (H.B. 3556), Sec. 3, eff. September 1, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1311 (S.B. 8), Sec. 9(c), eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.058. Volunteers Exempt From Fees

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.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.0581. Providers Exempt From Fees

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.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.059. Late Recertification

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, eff. May 23, 1993;  Acts 1999, 76th Leg., ch. 1411, Sec. 19.05, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.060. Disposition of Funds

Sec. 773.060.  DISPOSITION OF FUNDS.  (a)  The department shall account for all fees and other funds it receives under this chapter.
(b)  The department shall deposit the fees and other funds in the state treasury to the credit of the bureau of emergency management account in the general revenue fund.  The account may be used only to administer this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1534, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.0605. Complaints and Investigations

Sec. 773.0605.  COMPLAINTS AND INVESTIGATIONS.  (a)  The department shall track and keep records of:
(1)  each complaint received by the department regarding emergency medical services providers and emergency medical services personnel;
(2)  each investigation initiated by the department under this chapter; and
(3)  each disciplinary action initiated by the department under this chapter.
(b)  The department shall develop a formal process to refer complaints outside the department's jurisdiction to the appropriate agency for disposition.
(c)  The department shall track the types of complaints received outside the department's jurisdiction.  The department shall separately track complaints outside the department's jurisdiction relating to potential billing fraud and make information relating to those complaints available to the appropriate state agency.
(d)  The department shall annually report statistical information regarding each complaint received, and each investigation or disciplinary action initiated, under this chapter.  The report must include:
(1)  the reason and basis for each complaint;
(2)  the origin of each investigation, including whether the investigation:
(A)  resulted from a complaint brought by a consumer;
(B)  resulted from a complaint brought by another source; or
(C)  was initiated by the department in the absence of a complaint;
(3)  the average time to resolve each complaint from the date the complaint is received;
(4)  the disposition of each investigation, including:
(A)  the number of investigations commenced in which no disciplinary action was taken, and the reasons no disciplinary action was taken;
(B)  the number of investigations resulting in disciplinary action, and the disciplinary actions taken; and
(C)  the number of complaints referred to another agency for disposition; and
(5)  the number, type, and age of each open investigation at the end of each fiscal year.
(e)  The department shall make the report required by Subsection (d) available to the public through publication on the department's website and on request.
(f)  The department may not include in the report required by Subsection (d) any information, including personal information, that could be used to identify an individual involved in or the location of a complaint that has been dismissed or has not reached a final determination.
Added by Acts 2015, 84th Leg., R.S., Ch. 1226 (S.B. 1899), Sec. 6, eff. June 19, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.061. Disciplinary Actions

Sec. 773.061.  DISCIPLINARY ACTIONS.  (a)  For a violation of this chapter or a rule adopted under this chapter, the department shall revoke, suspend, or refuse to renew a license or certificate of or shall reprimand:
(1)  emergency medical services personnel;
(2)  a program instructor, examiner, or course coordinator;  and
(3)  an emergency medical services provider license holder.
(b)  For a violation of this chapter or a rule adopted under this chapter, the department shall revoke, suspend, or refuse to renew approval of a course or training program.
(c)  For a violation of this chapter or a rule adopted under this chapter, the department may place on emergency suspension emergency medical services personnel.
(d)  The department may place on probation a course or training program or a person, including emergency medical services personnel, an emergency medical services provider license holder, or a program instructor, examiner, or course coordinator, whose certificate, license, or approval is suspended.  If a suspension is probated, the department may require the person or the sponsor of a course or training program, as applicable:
(1)  to report regularly to the department on matters that are the basis of the probation;
(2)  to limit practice to the areas prescribed by the department; or
(3)  to continue or review professional education until the person attains a degree of skill satisfactory to the department in those areas that are the basis of the probation.
(e)  Except as provided by Section 773.062, the procedures by which the department takes action under this section and the procedures by which that action is appealed are governed by the procedures for a contested case hearing under Chapter 2001, Government Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 262, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1411, Sec. 19.06, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1535, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.0611. Inspections

Sec. 773.0611.  INSPECTIONS.  (a)  The department or its representative may enter an emergency medical services vehicle or the premises of an emergency medical services provider's place of business at reasonable times to ensure compliance with this chapter and the rules adopted under this chapter.
(b)  The department or its representative may conduct an unannounced inspection of a vehicle or a place of business if the department has reasonable cause to believe that a person is in violation of this chapter or a rule adopted under this chapter.
(c)  The executive commissioner shall adopt rules for unannounced inspections authorized under this section.  The department or its representative shall perform unannounced inspections in accordance with those rules.  An emergency medical services provider shall pay to the department a nonrefundable fee of not more than $30 if reinspection is necessary to determine compliance with this chapter and the rules adopted under this chapter.
(d)  The department may use an inspection performed by an entity to which the department has delegated inspection authority as a basis for a disciplinary action under Section 773.061.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 263, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 915, Sec. 15, eff. Aug. 28, 1995;  Acts 2003, 78th Leg., ch. 198, Sec. 2.84(h), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1536, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1226 (S.B. 1899), Sec. 7, eff. June 19, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.0612. Access to Records

Sec. 773.0612.  ACCESS TO RECORDS.  (a)  The department or its representative is entitled to access to records and other documents maintained by a person that are directly related to patient care or to emergency medical services personnel to the extent necessary to enforce this chapter and the rules adopted under this chapter.  A person who holds a license or certification or an applicant for a certification or license is considered to have given consent to a representative of the department entering and inspecting a vehicle or place of business in accordance with this chapter.
(b)  A report, record, or working paper used or developed in an investigation under this section is confidential and may be used only for purposes consistent with department rules.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 264, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1537, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.0613. Information Report to Department

Sec. 773.0613.  INFORMATION REPORT TO DEPARTMENT.  (a)  An emergency medical services provider licensed under this chapter shall annually submit a report to the department containing information relating to the number and types of runs the emergency medical services provider makes.
(b)  The executive commissioner shall adopt rules relating to the type of information an emergency medical services provider must provide under this section and the manner in which the information must be provided.
(c)  The department shall post the information the department receives under Subsection (a) in summary form on the department's Internet website.  The department may not post any health information that is made confidential by another statute.
Added by Acts 2003, 78th Leg., ch. 871, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1538, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.0614. Authority to Revoke, Suspend, Disqualify For, or Deny Certification of Emergency Medical Services Personnel for Certain Criminal Offenses

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 department 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 described by Section 542.304, Transportation Code.
(c)  A certificate holder's certificate shall be revoked if the certificate holder has been convicted of or placed on deferred adjudication community supervision or deferred disposition for:
(1)  an offense listed in Article 42A.054(a)(2), (3), (4), (7), (8), (9), (11), or (17), 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 1149 (H.B. 2845), Sec. 3, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 757 (H.B. 1476), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1539, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.71, eff. January 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1094 (H.B. 2048), Sec. 4, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1137 (H.B. 2758), Sec. 4, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 1115 (H.B. 1227), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.06141. Suspension, Revocation, or Denial of Emergency Medical Services Provider License

Sec. 773.06141.  SUSPENSION, REVOCATION, OR DENIAL OF EMERGENCY MEDICAL SERVICES PROVIDER LICENSE.  (a)  The department may suspend, revoke, or deny an emergency medical services provider license on the grounds that the provider's administrator of record, employee, or other representative:
(1)  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 the administrator, employee, or representative, other than an offense described by Section 542.304, Transportation Code;
(2)  has been convicted of or placed on deferred adjudication community supervision or deferred disposition for an offense, including:
(A)  an offense listed in Article 42A.054(a)(2), (3), (4), (7), (8), (9), (11), or (17), Code of Criminal Procedure; or
(B)  an offense, other than an offense described by Subdivision (1), for which the person is subject to registration under Chapter 62, Code of Criminal Procedure; or
Text of subdivision effective until April 01, 2025
(3)  has been convicted of Medicare or Medicaid fraud, has been excluded from participation in the state Medicaid program, or has a hold on payment for reimbursement under the state Medicaid program under Subchapter C, Chapter 531, Government Code.
Text of subdivision effective on April 01, 2025
(3)  has been convicted of Medicare or Medicaid fraud, has been excluded from participation in the state Medicaid program, or has a hold on payment for reimbursement under the state Medicaid program under Subchapter G, Chapter 544, Government Code.
(b)  An emergency medical services provider that is directly operated by a governmental entity is exempt from this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1089 (H.B. 3556), Sec. 4, eff. September 1, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1311 (S.B. 8), Sec. 9(d), eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1540, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.72, eff. January 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1094 (H.B. 2048), Sec. 5, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1137 (H.B. 2758), Sec. 5, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.64, eff. April 1, 2025.
Acts 2023, 88th Leg., R.S., Ch. 1115 (H.B. 1227), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.0616. Proceedings Governed by Administrative Procedure Act; Guidelines

Sec. 773.0616.  PROCEEDINGS GOVERNED BY ADMINISTRATIVE PROCEDURE ACT; GUIDELINES.  (a)  A proceeding 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 department'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 department.
(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.
Added by Acts 2009, 81st Leg., R.S., Ch. 1149 (H.B. 2845), Sec. 3, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1542, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.0617. Notice and Review of Suspension, Revocation, Disqualification For, or Denial of Certification

Sec. 773.0617.  NOTICE AND REVIEW OF SUSPENSION, REVOCATION, DISQUALIFICATION FOR, OR DENIAL OF CERTIFICATION.  (a)  If the department 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 department 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 department.
(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 department and the decision of the department.
(c)  The petition for an action under Subsection (b) must be filed not later than the 30th day after the date the department's decision is final.
Added by Acts 2009, 81st Leg., R.S., Ch. 1149 (H.B. 2845), Sec. 3, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1543, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.062. Emergency Suspension

Sec. 773.062.  EMERGENCY SUSPENSION.  (a)  The commissioner shall issue an emergency order to suspend a certificate or license issued under this chapter if the commissioner has reasonable cause to believe that the conduct of any certificate or license holder creates an imminent danger to the public health or safety.
(b)  An emergency suspension is effective immediately without a hearing on notice to the certificate or license holder.  Notice must also be given to the sponsoring governmental entity if the holder is a provider exempt from payment of fees under Section 773.0581.
(c)  The holder may request in writing a hearing on the emergency suspension.  The department shall refer the matter to the State Office of Administrative Hearings.  An administrative law judge of that office shall conduct the hearing not earlier than the 10th day or later than the 30th day after the date on which the request is received by the department, shall make findings of fact, and shall issue a written proposal for decision regarding whether the department should continue, modify, or rescind the suspension.  The department's hearing rules and Chapter 2001, Government Code, govern the hearing and any appeal from a disciplinary action related to the hearing.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 265, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1544, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.063. Civil Penalty

Sec. 773.063.  CIVIL PENALTY.  (a)  The attorney general, a district attorney, or a county attorney may bring a civil action to compel compliance with this chapter or to enforce a rule adopted under this chapter.
(b)  A person who violates this chapter or a rule adopted under this chapter is liable for a civil penalty in addition to any injunctive relief or other remedy provided by law.  The civil penalty may not exceed $250 a day for each violation.
(c)  Civil penalties recovered in a suit brought by the state at the department's request shall be deposited in the state treasury to the credit of the general revenue fund.
(d)  Civil penalties recovered in a suit brought by a local government shall be paid to the local government that brought the suit.  A municipality or county is encouraged to use the amount of recovered penalties that exceed the cost of bringing suit to improve the delivery of emergency medical services in the municipality or county.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.064. Criminal Penalties

Sec. 773.064.  CRIMINAL PENALTIES.  (a)  A person commits an offense if the person knowingly practices as, attempts to practice as, or represents himself to be an emergency medical technician-paramedic, advanced emergency medical technician, emergency medical technician, emergency care attendant, or licensed paramedic and the person does not hold an appropriate certificate issued by the department under this chapter.  An offense under this subsection is a Class A misdemeanor.
(b)  An emergency medical services provider commits an offense if the provider knowingly advertises or causes the advertisement of a false, misleading, or deceptive statement or representation concerning emergency medical services staffing, equipment, and vehicles.  An offense under this subsection is a Class A misdemeanor.
(c)  A person commits an offense if the person knowingly uses or permits to be used a vehicle that the person owns, operates, or controls to transport a sick or injured person unless the person is licensed as an emergency medical services provider by the department.  An offense under this subsection is a Class A misdemeanor.
(d)  It is an exception to the application of Subsection (c) that the person transports a sick or injured person:
(1)  to medical care as an individual citizen not ordinarily engaged in that activity;
(2)  in a casualty situation that exceeds the basic vehicular capacity or capability of an emergency medical services provider;  or
(3)  as an emergency medical services provider in a vehicle for which a variance has been granted under Section 773.052.
(e)  Venue for prosecution of an offense under this section is in the county in which the offense is alleged to have occurred.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 266, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 435, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1545, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.065. Administrative Penalty

Sec. 773.065.  ADMINISTRATIVE PENALTY.  (a)  The department may assess an administrative penalty against an emergency medical services provider or a course coordinator who violates this chapter or a rule adopted or an order issued under this chapter.
(b)  In determining the amount of the penalty, the department shall consider:
(1)  the emergency medical services provider's or course coordinator's previous violations;
(2)  the seriousness of the violation;
(3)  any hazard to the health and safety of the public;
(4)  the emergency medical services provider's or course coordinator's demonstrated good faith; and
(5)  any other matter as justice may require.
(c)  The penalty may not exceed $7,500 for each violation.  The executive commissioner by rule shall establish gradations of penalties in accordance with the relative seriousness of the violation.
(d)  Each day a violation continues may be considered a separate violation.
Added by Acts 1991, 72nd Leg., ch. 605, Sec. 7, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 915, Sec. 16, eff. Aug. 28, 1995;  Acts 1997, 75th Leg., ch. 435, Sec. 5, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 198, Sec. 2.84(i), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1546, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.066. Assessment of Administrative Penalty

Sec. 773.066.  ASSESSMENT OF ADMINISTRATIVE PENALTY.  (a)  An administrative penalty may be assessed only after an emergency medical services provider or course coordinator charged with a violation is provided notice and given an opportunity to request a hearing.
(b)  If a hearing is held, the department shall refer the matter to the State Office of Administrative Hearings.  An administrative law judge of that office shall conduct the hearing, make findings of fact, and issue to the department a written proposal for decision regarding whether the emergency medical services provider or course coordinator committed a violation and the amount of any penalty to be assessed.
(c)  If the emergency medical services provider or course coordinator charged with the violation does not request a hearing, the department shall determine whether the provider or course coordinator committed a violation and the amount of any penalty to be assessed.
(d)  After making a determination under this section that a penalty is to be assessed against an emergency medical services provider or a course coordinator, the department shall issue an order requiring that the emergency medical services provider or course coordinator pay the penalty.
(e)  Not later than the 30th day after the date an order is issued under Subsection (d), the department shall give written notice of the order to the emergency medical services provider or course coordinator.
(f)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(114), eff. April 2, 2015.
Added by Acts 1991, 72nd Leg., ch. 605, Sec. 7, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 915, Sec. 17, eff. Aug. 28, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1547, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(114), eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.069. Recovery of Administrative Penalty by Attorney General

Sec. 773.069.  RECOVERY OF ADMINISTRATIVE PENALTY BY ATTORNEY GENERAL.  The attorney general at the request of the department may bring a civil action to recover an administrative penalty assessed under this subchapter.
Added by Acts 1991, 72nd Leg., ch. 605, Sec. 7, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1549, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.070. Denial of Certification or Licensure for Failure to Provide Certain Criminal History Record Information

Sec. 773.070.  DENIAL OF CERTIFICATION OR LICENSURE FOR FAILURE TO PROVIDE CERTAIN CRIMINAL HISTORY RECORD INFORMATION.   The department may deny licensure or certification to an applicant who does not provide a complete set of the required fingerprints to obtain criminal history record information.
Added by Acts 1991, 72nd Leg., ch. 605, Sec. 7, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 790, Sec. 46(17), eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1550, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter C. Licenses, Certification, and Qualifications › Section 773.071. Fees

Sec. 773.071.  FEES.  (a)  To the extent feasible, the executive commissioner by rule shall set the fees under this subchapter in amounts necessary for the department to recover the cost of administering this subchapter.
(b)  Subsection (a) does not apply to fees for which Section 773.059 prescribes the method for determining the amount of the fees.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.84(j), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1551, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter D. Confidential Communications › Section 773.091. Confidential Communications

Sec. 773.091.  CONFIDENTIAL COMMUNICATIONS.  (a)  A communication between certified emergency medical services personnel or a physician providing medical supervision and a patient that is made in the course of providing emergency medical services to the patient is confidential and privileged and may not be disclosed except as provided by this chapter.
(b)  Records of the identity, evaluation, or treatment of a patient by emergency medical services personnel or by a physician providing medical supervision that are created by the emergency medical services personnel or physician or maintained by an emergency medical services provider are confidential and privileged and may not be disclosed except as provided by this chapter.
(c)  Any person who receives information from confidential communications or records as described by this chapter, other than a person listed in Section 773.092 who is acting on the survivor's behalf, may not disclose the information except to the extent that disclosure is consistent with the authorized purposes for which the information was obtained.
(d)  This subchapter governs confidential communications or records concerning a patient regardless of when the patient received the services of emergency medical services personnel or a physician providing medical supervision.
(e)  Notwithstanding Rule 501, Texas Rules of Evidence, the privilege of confidentiality may be claimed in any criminal, civil, or administrative proceeding and may be claimed by the patient or the emergency medical services personnel or physician acting on the patient's behalf.
(f)  If the emergency medical services personnel or physician claims the privilege of confidentiality on behalf of the patient, the authority to do so is presumed in the absence of evidence to the contrary.
(g)  The privilege of confidentiality under this section does not extend to information regarding the presence, nature of injury or illness, age, sex, occupation, and city of residence of a patient who is receiving emergency medical services.  Nothing in this subsection shall be construed as requiring or permitting emergency services personnel to make a diagnosis.
Added by Acts 1991, 72nd Leg., ch. 605, Sec. 8, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.008, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter D. Confidential Communications › Section 773.093. Consent

Sec. 773.093.  CONSENT.  (a)  Consent for the release of confidential information must be in writing and signed by the patient, a parent or legal guardian if the patient is a minor, a legal guardian if the patient has been adjudicated incompetent to manage the patient's personal affairs, an attorney ad litem appointed for the patient, or a personal representative if the patient is deceased.  The written consent must specify:
(1)  the information or records to be covered by the release;
(2)  the reasons or purpose for the release;  and
(3)  the person to whom the information is to be released.
(b)  The patient or other person authorized to consent may withdraw consent to the release of any information by submitting a written notice of withdrawal to the person or program to which consent was provided.  Withdrawal of consent does not affect any information disclosed before the date on which written notice of the withdrawal was received.
(c)  A person who receives information made confidential by this chapter may disclose the information to others only to the extent consistent with the authorized purposes for which consent to release the information was obtained.
Added by Acts 1991, 72nd Leg., ch. 605, Sec. 8, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter D. Confidential Communications › Section 773.094. Injunction; Damages

Sec. 773.094.  INJUNCTION;  DAMAGES.  A person aggrieved by an unauthorized disclosure of communications or records that are confidential under this subchapter may petition the district court of the county in which the person resides or, in the case of a nonresident of the state, a district court of Travis County for appropriate injunctive relief.  The petition takes precedence over all civil matters on the docketed court except those matters to which equal precedence on the docket is granted by law.  A person injured by an unauthorized disclosure of communications or records that are confidential under this subchapter may bring an action for damages.
Added by Acts 1991, 72nd Leg., ch. 605, Sec. 8, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter D. Confidential Communications › Section 773.095. Records and Proceedings Confidential

Sec. 773.095.  RECORDS AND PROCEEDINGS CONFIDENTIAL.  (a)  The proceedings and records of organized committees of hospitals, medical societies, emergency medical services providers, emergency medical services and trauma care systems, or first responder organizations relating to the review, evaluation, or improvement of an emergency medical services provider, a first responder organization, an emergency medical services and trauma care system, or emergency medical services personnel are confidential and not subject to disclosure by court subpoena or otherwise.
(b)  The records and proceedings may be used by the committee and the committee members only in the exercise of proper committee functions.
(c)  This section does not apply to records made or maintained in the regular course of business by an emergency medical services provider, a first responder organization, or emergency medical services personnel.
Added by Acts 1991, 72nd Leg., ch. 605, Sec. 8, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 435, Sec. 7, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 874, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 773 - Emergency Medical Services › Subchapter D. Confidential Communications › Section 773.096. Immunity for Committee Members

Sec. 773.096.  IMMUNITY FOR COMMITTEE MEMBERS.  A member of an organized committee under Section 773.095 is not liable for damages to a person for an action taken or recommendation made within the scope of the functions of the committee if the committee member acts without malice and in the reasonable belief that the action or recommendation is warranted by the facts known to the committee member.
Added by Acts 1991, 72nd Leg., ch. 605, Sec. 8, eff. Sept. 1, 1991.