| (2) The program director of an approved program shall
submit notice of intent to conduct a course and the appropriate fee,
if required, to the department on a form provided by the department
at least 30 days prior to the proposed start date of the course. The
notification shall include the following information:
(A) training level of course;
(B) dates and times classes are to be conducted;
(C) physical location of the classroom;
(D) identification of clinical sites and internship
providers, if required;
(E) name of principle instructor;
(F) enrollment status;
(G) anticipated number of students;
(H) number of contact hours;
(I) amount of tuition to be charged;
(J) proposed ending date of the course; and
(K) signature of the program director.
(3) A nonrefundable course fee, unless program is not
remunerated for the course in any way, shall be submitted as follows:
(A) $30 for a Basic Course (ECA or EMT);
(B) $60 for an Advanced Course (AEMT or Paramedic);
(C) $30 for an EMS Instructor Course; and
(D) $60 for an Emergency Medical Information Operator
Instructor Course.
(4) The department may require submission of a written
course approval application, in accordance with the guidelines set
forth in the education and training standards, in lieu of the course
notification from programs which:
(A) have not successfully completed a site visit review;
(B) have proposed courses which do not conform to the
approved parameters of the current program standards;
(C) have not conducted a course of the same level in
the previous 12 months; or
(D) the department has probable cause to suspect are
in noncompliance with the provisions of this chapter.
(t) Denial of a course notification or course approval.
A course may be denied for, but not limited to the following:
(1) submission of an incomplete application;
(2) failure to meet all requirements as outlined in
this section;
(3) failure of the program to hold current approval
to conduct the level of the course proposed;
(4) failure to follow the guidelines for submission
of the course notification or course approval application and supporting
documents;
(5) falsification or misrepresentation of any information
required for course notification or course approval; and/or
(6) issuing a check which is returned unpaid.
(u) Disciplinary actions.
(1) Emergency suspension. The department may issue
an emergency order to suspend a program’s approval if the department
has reasonable cause to believe that the conduct of the program creates
an immediate danger to the public health or safety.
(A) An emergency suspension shall be effective immediately
without a hearing or written notice to the program. Notice to the
program shall be presumed established on the date that a copy of the
emergency suspension order is sent to the address shown in the current
records of the department. Notice shall also be sent to the program’s
sponsoring entity.
(B) If a written request for a hearing is received
from the program, the department shall conduct a hearing not earlier
than the 10th day nor later than the 30th day after the date on which
the 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.
(2) Non-emergency suspension or revocation. A program’s
approval may be suspended or revoked for, but not limited to, the
following reasons:
(A) failing to comply with the responsibilities of
a program as defined in subsection (o) of this section;
(B) failing to maintain sponsorship as identified in
the program application and self-study;
(C) failing to maintain employment of at least one
course coordinator whose current certifications are appropriate for
the level of the program;
(D) falsifying a program approval application, a self-study,
a course notification or course approval application, or any supporting
documentation;
(E) falsifying a course completion certificate or any
other document that verifies course activity and/or is a part of the
course record;
(F) assisting another to obtain or to attempt to obtain
personnel certification or recertification by fraud, forgery, deception,
or misrepresentation;
(G) failing to complete and submit course notifications
or course approval applications and student documents within established
time frames;
(H) offering or attempting to offer courses above the
program’s level of approval;
(I) compromising or failing to maintain the integrity
of a department-approved training course or program;
(J) failing to maintain professionalism in a department-approved
training course or program;
(K) demonstrating a lack of supervision of course coordinators
or personnel instructing in the program’s courses;
(L) compromising an examination or examination process
administered or approved by the department;
(M) accepting any benefit to which there is no entitlement
or benefitting in any manner through fraud, deception, misrepresentation,
theft, misappropriation, or coercion;
(N) failing to maintain appropriate policies, procedures,
and safeguards to ensure the safety of students, instructors, or other
course participants;
(O) allowing recurrent use of inadequate, inoperable,
or malfunctioning equipment;
(P) maintaining a passing rate on the examinations
for certification or licensure that is statistically and significantly
lower than the state average;
(Q) failing to maintain the fiscal integrity of the
program;
(R) issuing a check to the department which is returned
unpaid;
(S) failing to maintain records for initial or continuing
education courses;
(T) demonstrating unwillingness or inability to comply
with the Health and Safety Code and/or rules adopted thereunder;
(U) failing to give the department true and complete
information when asked regarding any alleged or actual violation of
the Health and Safety Code or the rules adopted thereunder;
(V) committing a violation within 24 months of being
placed on probation;
(W) offering or attempting to offer courses during
a period when the program’s approval is suspended;
(X) a paramedic program receiving revocation of their
accreditation by CAAHEP/CoAEMSP or any other organization that provides
nationally recognized EMS accreditation; and/or
(Y) for starting a course, program or class before
receiving official approval from the department.
(3) Notification. If the department proposes to suspend
or revoke a program’s approval, the program shall be notified
at the address shown in the current records of the department. The
notice shall state the alleged facts or conduct warranting the action
and state that the program has an opportunity to request a hearing
in accordance with Administrative Procedure Act, Government Code,
Chapter 2001.
(A) The program may request a hearing. The request
shall be in writing and submitted to the department.
(B) If the program does not request a hearing within
30 days after the date of the notice of opportunity, the program waives
the opportunity for a hearing and the department shall implement its
proposal.
(4) Probation. The department may probate any penalty
assessed under this section and may specify terms and conditions of
any probation issued.
(5) Re-application.
(A) Two years after the revocation or denial of approval,
the program may petition the department in writing for the opportunity
to reapply.
(B) The department shall evaluate the petition and
may allow or deny the opportunity to submit an application.
(C) In evaluating a petition for permission to reapply,
the department shall consider, but is not limited to, the following
issues:
(i) likelihood of a repeat of the violation that led
to revocation;
(ii) the petitioner’s overall record as a program;
(iii) letters of support or recommendation;
(iv) letters of protest or non-support of the petition;
and
(v) the need for training in the area the program would
serve.
(D) The petitioner shall be notified within 60 days
at the address shown in the current records of the department of the
decision to allow or deny the submission of an application for re-approval.
(6) A program whose approval expires during a suspension
or revocation period may not petition to reapply until the end of
the suspension or revocation period.
(v) For all applications and renewal applications,
the department is authorized to collect subscription and convenience
fees, in amounts determined by the Texas Online Authority, to recover
costs associated with the application and renewal application processing
through Texas Online.
|
| Source Note: The provisions of this §157.32 adopted to be effective February 7, 2001, 26 TexReg 1145; amended to be effective June 1, 2004, 29 TexReg 4492; amended to be effective August 16, 2012, 37 TexReg 6035; amended to be effective February 12, 2017, 42 TexReg 430 |
