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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

      (i) airway/ventilation/oxygenation;

      (ii) cardiovascular circulation;

      (iii) immobilization;

      (iv) medication administration - routes; and

      (v) intravenous (IV) initiation/maintenance fluids.

    (B) all required BLS equipment;

    (C) advanced airway equipment;

    (D) IV equipment and supplies;

    (E) pharmaceuticals as required by medical director protocols; and

    (F) wave form capnography or state approved carbon dioxide detection equipment must be used after January 1, 2018, when performing or monitoring endotracheal intubation.

  (3) MICU:

    (A) equipment required to administer the knowledge, competencies and advanced skills of a paramedic, and additional skills as authorized by the EMS provider medical director. All MICU ambulances shall be able to perform treatment and transport patients receiving the following skills:

      (i) airway/ventilation/oxygenation;

      (ii) cardiovascular circulation;

      (iii) immobilization;

      (iv) medication administration - routes; and

      (v) intravenous (IV) initiation/maintenance fluids.

    (B) all required BLS and ALS equipment;

    (C) with transmitting 12-lead capability cardiac monitor/defibrillator by January 1, 2020; and

    (D) 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 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 as defined in subsection (k) of this section, EMS vehicles must also have:

    (A) a complete and current copy of written or electronic formatted protocols approved and signed by the medical director; with a current and complete equipment, supply, and medication list available to the crew;

    (B) operable emergency warning devices;

    (C) personal protective equipment for the EMS vehicle staff, including at least:

      (i) protective, non-porous gloves;

      (ii) medical eye protection;

      (iii) medical respiratory protection must be available per crew member, meeting National Institute for Occupational Safety and Health (NIOSH) approved N95 or greater standards;

      (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, currently inspected, 5 pound ABC fire extinguisher (not applicable to air ambulances);

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

    (I) a current emergency response guide book, or an electronic version that is available to the crew (for hazardous materials); and

    (J) each vehicle will carry 25 triage tags in coordination with the Regional Advisory Council (RAC).

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

(l) 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 the formal accreditation certificate; and

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

(m) Subscription or Membership Services. An EMS provider that operates or intends to operate a subscription or membership program for the provision of EMS within the provider's 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. 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 provide written authorizations, if subscriptions are to be sold throughout a county.

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

    (C) If an EMS provider is not the primary emergency provider in any area where they are going to sell a subscription plan, written notification must be provided to the participants receiving subscription plan stating that the EMS Provider is not the primary emergency provider in this area. A copy of this documentation should be provided to the primary emergency provider and the department within 30 days before the beginning of any enrollment period.

  (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 30 days before 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.

  (9) Furnish the department beginning and ending dates of enrollment period(s). Subscription service period shall not exceed one year. Subscribers shall not be charged more than a prorated fee for the remaining subscription service period that they subscribe for.

  (10) Furnish the department with the total amount of funds collected each year.

  (11) Not offer membership nor accept members into the program who are Medicaid clients.

(n) Responsibilities of the EMS provider. During the license period, the EMS provider's responsibilities shall include:

  (1) assuring that all response-ready and in-service vehicles are available 24 hours a day and seven days a week, maintained, operated, equipped and staffed in accordance with the requirements of the provider's license, to include staffing, equipment, supplies, required insurance and additional requirements per the current EMS provider's medical director approved protocols and policies;

  (2) each EMS provider shall develop, implement, maintain, and evaluate an effective, ongoing, system-wide, data-driven, interdisciplinary quality assessment and performance improvement program. The program shall be individualized to the provider and shall, at a minimum, include:

Cont'd...

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