| (iv) paid all outstanding court costs, supervision fees, fines, and restitution ordered in any criminal case in which the petitioner, applicant, certificant, or licensed paramedic has been convicted, been placed on deferred adjudication community supervision, or received deferred disposition. (4) The following crimes are considered to directly relate to the certification and licensure of EMS personnel because of their nature and seriousness and because they impact the ability to carry out the duties and responsibilities associated with patient care and public safety and shall be considered and reviewed: (A) offenses under the Health and Safety Code, Chapter 773; (B) under the Transportation Code, except offenses for which points are assessed under the Transportation Code, §708.052; (C) offenses under the Alcoholic Beverage Code; (D) offenses under the Health and Safety Code, Texas Controlled Substances Act, Chapters 481, 482 and 483, relating to substance abuse; (E) offenses under Department of Public Safety of the State of Texas, Government Code, Chapter 411, Subchapter H, relating to the license to carry a concealed handgun; (F) offenses under the following titles of the Texas Penal Code: (i) Title 4 - offenses of attempting or conspiring to commit any of the offenses in this clause; (ii) Title 5 - offenses against the person; (iii) Title 6 - offenses against the family; (iv) Title 7 - offenses against property; (v) Title 8 - offenses against public administration; (vi) Title 9 - offenses against public order and decency; (vii) Title 10 - offenses against public health, safety, and morals; and/or (viii) Title 11 - offenses involving organized crime. (G) Offenses listed in subparagraph (F)(i) - (viii) of this paragraph are not exclusive in that the department may consider similar criminal convictions from other state, federal, foreign or military jurisdictions which, although not listed in subparagraph (F)(i) - (viii) of this paragraph indicate the lack of ability, capacity, or fitness of the individual to perform the duties and responsibilities of EMS personnel. (5) A person shall be disqualified from eligibility to acquire an EMS certification, or a person's initial or renewal application for EMS certification or paramedic licensure shall be denied, or a person's EMS certification or paramedic license, whether active or inactive, shall be revoked if the petitioner, applicant, certificant, or licensed paramedic is convicted of or placed on deferred adjudication community supervisor or deferred disposition, on or after September 1, 2009, for: (A) an offense listed in Code of Criminal Procedure, Article 42.12, §3g(a)(1)(A) - (H), as follows: (i) murder; (ii) capital murder; (iii) indecency with a child; (iv) aggravated kidnapping; (v) aggravated sexual assault; (vi) aggravated robbery; (vii) substance abuse offenses, as described in Health and Safety Code, Chapter 481, for which punishment is increased under: (I) Health and Safety Code, §481.140, regarding the use of a child in the commission of an offense; or (II) Health and Safety Code, §481.134(c), (d), (e) or (f), regarding an offense committed within a drug free zone, if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under one of those subsections. (viii) sexual assault; (B) an offense, other than an offense described by subparagraph (A) of this paragraph, committed on or after September 1, 2009, for which the person is subject to register as a sex offender under Code of Criminal Procedure, Chapter 62. (f) Documentation Required During Criminal History Prescreening or Investigation. During a criminal history prescreening or investigation, it shall be the responsibility of the prescreening petitioner, applicant for EMS certification or paramedic licensure, or certificant or licensed paramedic to obtain and send to the department for each criminal offense in his or her criminal history the entire court record, including final court orders noting sentencing information, conditions of probation, revocation of or release from probation, and any other information relating to the petitioner's criminal history, or requested by the department, along with any recommendations of the prosecution, and/or law enforcement and/or correctional authorities regarding the offense(s). The petitioner, applicant, certificant, or licensed paramedic shall also furnish documentation acceptable to the department of prior/current employment status, evidence of court-ordered and/or voluntary rehabilitation, evidence of good conduct in their community, and evidence of payment of all outstanding court costs, supervision fees, fines, and restitution as ordered in the criminal cases in which they have been convicted, placed on deferred adjudication community supervision, deferred disposition. (g) Notice and Appeal Procedures. Notice and appeal procedures in §157.36(d) and (e) of this title (relating to Criteria for Denial and Disciplinary Actions for EMS Personnel and Applicants and Voluntary Surrender of a Certificate or License) applicable for a person that the department proposes disqualification from eligibility to acquire an EMS certification, or denial of an application for EMS certification or paramedic licensure, or suspension or revocation of a EMS certification or paramedic license based on the requirements and/or criteria outlined in this section as it relates to a person's criminal history record for any offense other than those listed under subsection (e)(5) of this section. |
