| (5) the EMS provider is found to have committed any of the violations, outlined in §157.16 of this title (relating to Emergency Suspension, Suspension, Probation, Revocation or Denial of a Provider License) that serves as a basis for such department disciplinary actions as: a reprimand, a monetary administrative penalty assessment, EMS provider license suspension, probated suspension of an EMS provider license, revocation of license, emergency suspension of license. (j) Appeal Procedure for Proposed Denial, Probated Suspension, Suspension, or Revocation of CCMP Approval. (1) If the department proposes to deny, suspend, or revoke its approval given for an EMS provider to conduct a CCMP, the department will send written notification of such to the EMS provider's last known address as shown in the current records of the department. The notice will state the alleged facts or conduct to warrant the proposed action and state that the EMS provider may request an administrative hearing. (2) An EMS provider's request for an administrative appeal hearing to contest the proposed action shall be in writing and submitted to the department within 15 days after the date that the department sent written notice to the EMS provider of the department's proposed action. The appeal hearing shall be conducted pursuant to the Administrative Procedure Act, Government Code, Chapter 2001. (3) If the department does not receive a written notice of its request for an administrative appeal hearing from the EMS provider by the 15th day after the date the department sent written notice to the EMS provider of the department's proposed action, the EMS provider is deemed to have waived the opportunity for a hearing and the department may take the proposed action. (k) Probation. The department may probate the suspension of approval of a CCMP and specify terms and conditions of any probated suspension accessed. (l) Surrender of CCMP Approval. (1) An EMS provider shall use a department approved surrender form to document its surrender to the department of its CCMP approval. (2) An EMS provider's surrender of a CCMP approval to the department shall not deprive the department of jurisdiction in regard to any disciplinary action against the EMS provider. (3) In the event that any department proposed disciplinary against the EMS provider is pending or is reasonably imminent, the EMS provider must acknowledge that the surrender of its CCMP approval constitutes a plea of "no contest" to the allegations upon which the proposed disciplinary action is predicated. (m) Reapplication After Surrender, Denial, or Revocation. An EMS provider, whose EMS provider license or approval to conduct a CCMP has either been surrendered while disciplinary action is pending or is reasonably imminent or which has been denied or revoked, cannot apply for, nor receive, approval to conduct a CCMP until 2 years after the date of the denial, revocation or such surrender of the EMS provider license or CCMP approval. An EMS provider who files an application for CCMP approval at least 2 years after the date of such surrender, denial or revocation of its previous EMS provider license or CCMP approval, shall provide evidence, and have the burden to show, that the reasons for the earlier denial, revocation, or such surrender of its previous EMS provider license or CCMP approval, no longer exists. (n) Notification of Disposition. A summary of the department's order, outlining the final disposition of any proposed disciplinary action and the basis for such may be placed upon the department's website. A copy of such order may be sent to the licensed EMS provider, and the medical director. (o) Medical Director Attestation of CCMP Participation. With regard to EMS personnel, employed by or affiliated with an EMS provider having approval to conduct a CCMP, the EMS provider's medical director shall timely provide to such EMS personnel a document, signed and dated by the medical director, attesting to such EMS personnel's participation in that CCMP. (1) The document shall acknowledge that the EMS personnel is currently participating in the CCMP and shall specify the amount of time, including the beginning date that the EMS personnel participated in the CCMP. (2) For those personnel who leave the CCMP the medical director within 30 days of their departure (or sooner, if needed) shall provide to the EMS personnel documentation, attesting to such EMS personnel's participation in that CCMP and attesting to the amount of time, including the beginning date and ending date, that the EMS personnel participated in the CCMP. (3) Those EMS personnel, who have departed from an approved CCMP and who are making application for recertification or relicensure, wholly or partly through §157.34(b)(5) of this title, utilizing a medical director's signed document that attests to the EMS personnel's participation in a CCMP, will be given by the department a prorated continuing education credit, in six month increments, for the amount of time the person was participating in a CCMP. (4) Those continuing education credit hours, used to satisfy those continuing education requirements of a CCMP by EMS personnel who have departed from that CCMP, cannot be credited or used again to supplement any remaining number of continuing education hours needed by EMS personnel to gain recertification or relicensure. Only continuing education hours gained by EMS personnel that were not used to satisfy a CCMP's requirements can be used to supplement the department's recertification or relicensure requirements. |
