Texas Register, Volume 29, Number 5, Pages 727-1096, January 30, 2004 Page: 787
727-1096 p. ; 28 cm.View a full description of this periodical.
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25 TAC 157.11, 157.14
The amendments are proposed under the Texas Health and
Safety Code, Chapter 773, which provides the department
with the authority to adopt rules concerning certification and
licensing of EMS certificants, providers, training institutions and
educators; and 12.001, which provides the Texas Board of
Health (board) with the authority to adopt rules for its procedure
and for the performance of each duty imposed by law on the
board, the department or the commissioner of health.
The amendments affect the Health and Safety Code, Chapter
773. The review of the rules implements Government Code,
2001.039.
157.11. Requirements for an EMS Provider License.
(a) Application requirements for an Emergency Medical Ser-
vices (EMS) Provider License.
(1) Candidates for an EMS provider license shall submit a
completed application (application, all other required information de-
scribed in a provider licensing instruction document provided by the
Texas Department of Health (department) and a nonrefundable [an] fee)
to the department.
(2) A nonrefundable application fee of $500 plus $180 for
each EMS vehicle to be operated under the license shall accompany the
application. The department will implement the fee requirement for
initial applicants 20 days following adoption of the rule and at the time
of the next re-license period of currently certified licensed providers
following adoption. [The nonrefundable fee shall be $4-150 for each
EMS vehicle to e operated unless the license is issued for less than
42 months in which ease the nonrefundable fee shall be $75 for each
vehicle.]
(3) (No change.)
(4) A fixed-wing or rotor-wing air ambulance provider, ap-
propriately licensed by the state governments of New Mexico, Okla-
homa, Arkansas or Louisiana may apply for a reciprocal issuance of a
provider license. A nonrefundable administrative fee of $500 shall ac-
company the application in addition to a nonrefundable fee of $180 for
each EMS aircraft to be operated in Texas under the reciprocal license.
[A rotor-wing air ambulance provider from New Mexieo, Oklahoma,
Arkansas or Louisiana may apply for reciprocal issuance of a provider
license. A nonrefundable administrative fee of $250 shall accompany
the application in addition to the nonrefundable fee in subsection {ohm
of this section.]
(5) (No change.)
(b) - (1) (No change.)
(m) License renewal process.
(1) - (2) (No change.)
(3) If a provider has not met all requirements for a provider
license, the provider may apply for a provisional license by submitting
a request and, in addition to the regular nonrefundable licensure fee if
applicable, a nonrefundable fee of $30 [$25]. One provisional license,
valid for not more than 60 days, may be granted only to prevent prob-
able adverse impact to the health and safety of the service community.
Without a provisional license, a provider may not operate if there is a
lapse in time between license expiration and license renewal.
(n) - (o) (No change.)
(p) Unannounced inspections. Randomly and/or in response
to complaints, the department may conduct unannounced inspections
to insure compliance of the provider license holder. Inspections maybe conducted at any time, including nights or weekends. The depart-
ment may review all components of provider licensure during an unan-
nounced inspection. Violations or deficiencies may result in disci-
plinary action as authorized by 157.16 of this title (relating to Emer-
gency Suspension, Suspension, Probation, Revocation or Denial of a
Provider License). The department may grant a reasonable period of
time for the provider to correct deficiencies. If the department must
reinspect the provider because of noncompliance noted during a previ-
ous inspection, the provider shall pay a nonrefundable fee of $30 [$25],
if applicable.
(q) (No change.)
(r) For all applications and renewal applications, the depart-
ment (or the board) is authorized to collect subscription and conve-
nience fees, in amounts determined by the Texas Online Authority, to
recover costs associated with application and renewal application pro-
cessing through Texas Online.
157.14. Requirements for First Responder Organization Registra-
tion.
(a) (No change.)
(b) Application requirements. The applicant shall submit a
completed application to the department. A complete application con-
sists of the following:
(1) - (4) (No change.)
(5) a nonrefundable application fee, if applicable.
(A) Any FRO which is, or has a contract with, an entity
such as a business, corporation or department and whose first responder
employees or members are compensated by that entity for providing
first responder service shall pay a nonrefundable $60 [$50] application
fee. If the registration is issued for less than 12 months in which case
the nonrefundable fee shall be $30 [$25]. The FRO's personnel are not
exempt from the payment of certification application fees.
(B) (No change.)
(c) - (g) (No change.)
(h) For all applications and renewal applications, the depart-
ment (or the board) is authorized to collect subscription and conve-
nience fees, in amounts determined by the Texas Online Authority, to
recover costs associated with application and renewal application pro-
cessing through Texas Online.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on January 16,
2004.
TRD-200400329
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: February 29, 2004
For further information, please call: (512) 458-7236
SUBCHAPTER C. EMERGENCY MEDICAL
SERVICES TRAINING AND COURSE
APPROVALPROPOSED RULES January 30, 2004 29 TexReg 787
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Texas. Secretary of State. Texas Register, Volume 29, Number 5, Pages 727-1096, January 30, 2004, periodical, January 30, 2004; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101101/m1/59/: accessed May 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.