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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 157EMERGENCY MEDICAL CARE
SUBCHAPTER BEMERGENCY MEDICAL SERVICES PROVIDER LICENSES
RULE §157.11Requirements for an EMS Provider License

  (4) The protocols shall address the use of all required, additional, and/or specialized medical equipment, supplies, and pharmaceuticals carried on each EMS vehicle in the provider's fleet.

  (5) The protocols shall identify delegated procedures for each EMS Certification or license level utilized by the provider.

  (6) The protocols shall indicate specific applications, including geographical area and duty status of personnel.

(i) EMS Equipment, supplies, medical devices, parenteral solutions and pharmaceuticals.

  (1) The EMS provider shall submit a list, approved by the medical director and fully supportive of and consistent with the protocols, of all medical equipment, supplies, medical devices, parenteral solutions and pharmaceuticals to be carried. The list shall specify the quantities of each item to be carried and shall specify the sizes and types of each item necessary to provide appropriate care for all age ranges appropriate to the needs of their patients. The quantities listed shall be appropriate to the provider's call volume, transport times and restocking capabilities.

  (2) All critical patient care equipment, medical devices, and supplies shall be clean and fully operational. All critical patient care battery powered equipment shall have spare batteries or an alternative power source, if applicable.

  (3) All solutions and pharmaceuticals shall be in date and shall be stored and maintained in accordance with the manufacturers and/or U.S. Federal Drug Administration (FDA) recommendations.

  (4) The requirements for air ambulance equipment and supplies are listed in §157.12(h) of this title or §157.13(h) of this title.

(j) The following items shall be present on each EMS in-service vehicle and on, or immediately available for, each response-ready vehicle in quantities, sizes and types as specified in the equipment list as required in subsection (i) of this section:

  (1) Basic Life Support:

    (A) oropharyngeal airways;

    (B) portable and vehicle mounted suction;

    (C) bag valve mask units, oxygen capable;

    (D) portable and vehicle mounted oxygen;

    (E) oxygen delivery devices;

    (F) dressing and bandaging materials;

    (G) rigid cervical immobilization devices;

    (H) spinal immobilization devices;

    (I) extremity splints;

    (J) equipment to meet special patient needs;

    (K) equipment for determining and monitoring patient vital signs, condition or response to treatment;

    (L) pharmaceuticals, as required by medical director protocols;

    (M) An External Cardiac Defibrillator appropriate to the staffing level;

    (N) A patient-transport device capable of being secured to the vehicle; and

    (O) An epinephrine auto injector or similar device capable of treating anaphylaxis.

  (2) Advanced Life Support:

    (A) all required BLS equipment;

    (B) advanced airway equipment;

    (C) IV equipment and supplies; and

    (D) pharmaceuticals as required by medical director protocols.

  (3) MICU:

    (A) all required BLS and ALS equipment;

    (B) cardiac monitor/defibrillator; and

    (C) pharmaceuticals as required by medical director protocols.

  (4) BLS with ALS Capability:

    (A) all required BLS equipment, even when in service or response ready at the ALS level; and

    (B) all required ALS equipment, when in service or response ready at the ALS level.

  (5) BLS with MICU Capability:

    (A) all required BLS equipment, even when in service or response ready at the MICU level; and

    (B) all required MICU equipment, when in service or response ready at the either the MICU level.

  (6) ALS with MICU Capability:

    (A) all required ALS equipment, even when in service or response ready at the MICU level; and

    (B) all MICU equipment, when in service or response ready at the MICU level.

  (7) In addition to medical supplies and equipment:

    (A) a complete and current copy of written protocols approved by the medical director; with a current and complete equipment, supply, and medication list;

    (B) operable emergency warning devices;

    (C) personal protective equipment for the crew to include at least:

      (i) protective, non-porous gloves;

      (ii) medical eye protection;

      (iii) medical respiratory protection;

      (iv) medical protective gowns or equivalent; and

      (v) personal cleansing supplies;

    (D) sharps container;

    (E) biohazard bags;

    (F) portable, battery-powered flashlight (not a pen-light);

    (G) a mounted fire extinguisher;

    (H) "No Smoking" signs posted in the patient compartment and cab of vehicle; and

    (I) emergency response guide book (for hazardous materials).

  (8) As justified by specific patient needs, and when qualified personnel are available, providers may appropriately utilize equipment in addition to that which is required by their designation levels. Equipment used must be consistent with protocols and/or patient-specific orders and must correspond to personnel qualifications.

(k) National accreditation. If a provider has been accredited through a national accrediting organization approved by the department and adheres to Texas staffing level requirements, the department may exempt the provider from portions of the license process. In addition to other licensing requirements, accredited providers shall submit:

  (1) an accreditation self-study;

  (2) a copy of formal accreditation certificate; and

  (3) any correspondence or updates to or from the accrediting organization which impact the provider's status.

(l) Subscription or Membership Services. An EMS provider who operates or intends to operate a subscription or membership program for the provision of EMS within the provider service area shall meet all the requirements for an EMS provider license as established by the Health and Safety Code, Chapter 773, and the rules adopted thereunder, and shall obtain department approval prior to soliciting, advertising or collecting subscription or membership fees. In order to obtain department approval for a subscription or membership program, the EMS provider shall:

  (1) Obtain written authorization from the highest elected official (County Judge or Mayor) of the political subdivision(s) where subscriptions will be sold. Written authorization must be obtained from each County Judge if subscriptions are to be sold in multiple counties.

    (A) The County Judge must provider written authorizations if subscriptions sold across an entire county.

    (B) The Mayor may provide written authorization if subscriptions are sold exclusively within the boundaries of an incorporated town or city.

  (2) Submit a copy of the contract used to enroll participants.

  (3) The EMS provider shall maintain a current file of all advertising for the service. Submit a copy of all advertising used to promote the subscription service within ten days after the beginning of any enrollment period.

  (4) Comply with all state and federal regulations regarding billing and reimbursement for participants in the subscription service.

  (5) Provide evidence of financial responsibility by:

    (A) obtaining a surety bond payable to the department in an amount equal to the funds to be subscribed. The surety bond must be on a department bond form and be issued by a company licensed by or eligible to do business in the State of Texas; or

    (B) submitting satisfactory evidence of self-insurance an amount equal to the funds to be subscribed if the provider is a function of a governmental entity.

  (6) Not deny emergency medical services to non-subscribers or subscribers of non-current status.

  (7) Be reviewed at least every year; and the subscription program may be reviewed by the department at any time.

  (8) Furnish a list after each enrollment period with the names, addresses, dates of enrollment of each subscriber, and subscription fee paid by each subscriber.

Cont'd...

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