| (C) When a complete application is received by the
department less than 60 days prior to the expiration of the current
license, the applicant shall submit a nonrefundable application fee
of $500 per provider plus $180 for each EMS vehicle.
(D) If the application for renewal is received by the
department after the expiration date of the current license, it is
deemed to be untimely filed and that license expires on its expiration
date. The EMS provider will be required to file a new initial application
and follow the initial application process.
(E) An EMS provider may not operate after its license
has expired.
(p) Provisional License. The department may issue an
EMS provisional license if an urgent need exists in a service area
when the department finds that the applicant is in substantial compliance
with the provisions of this section and if the public interest would
be served. A provisional license shall be effective for no more than
30 days from the date of issuance.
(1) An EMS provider may apply for a provisional license
by submitting a written request and a nonrefundable fee of $30.
(2) A provisional license issued by the department
may be revoked at any time by the department, with written notice
to the provider, when the department finds that the provider is failing
to provide appropriate service in accordance with this section or
that the provider is in violation of any of the requirements of this
chapter.
(q) Advertisements.
(1) Any advertising by an EMS provider shall not be
misleading, false, or deceptive. When an EMS provider advertises in
Texas and/or conducts business in Texas by regularly transporting
patients from, or within Texas, the provider shall be required to
have a Texas EMS Provider License.
(2) An EMS provider shall not advertise levels of patient
care which it cannot provide at all times. The provider shall not
use a name, logo, art work, phrase or language that could mislead
the public to believe a higher level of care is being provided.
(3) An EMS provider that has more than five paid staff,
but is composed of at least 75% volunteer EMS personnel may advertise
as a volunteer service.
(r) Surveys/Inspections and Investigations.
(1) The department may conduct scheduled or unannounced
on-site inspection or investigation of a provider's vehicles, office(s),
headquarter(s) and/or station(s) (hereinafter operations), at any
reasonable time, including while services are being provided, to ensure
compliance with Health and Safety Code, Chapter 773 and this chapter.
(2) An applicant or licensee, by applying for or holding
a license, consents to entry and inspection or investigation of any
of its operations by the department, as provided for by the Health
and Safety Code, Chapter 773 and this chapter.
(3) Department's inspections or investigations to evaluate
an EMS provider's compliance with the requirements of the Health and
Safety Code, Chapter 773 and this chapter, may include:
(A) initial, prelicensure and change in status inspections
for the issuance of a new license;
(B) routine inspection conducted at the departments'
discretion or prior to renewal;
(C) follow-up on-site inspection, conducted to evaluate
implementation of a plan of correction for deficiencies cited during
a department investigation or inspection;
(D) a complaint investigation, conducted in response
to a report or complaint, as described in subsection (u) of this section,
relating to complaint investigations; and
(E) an inspection to determine if a person, company,
or organization is offering or providing EMS service(s) without a
license, or to determine if EMS vehicles are being staffed by persons
who do not hold Texas EMS certification or license.
(4) The provider and medical director shall cooperate
with any department investigation or inspection, and shall, consistent
with applicable law, permit the department to examine the provider's
grounds, buildings, books, records and other documents and information
maintained by or on behalf of the provider, that are necessary to
evaluate compliance with applicable statutes, rules, plans of correction
and orders with which the EMS provider is required to comply. The
EMS provider shall permit the department, consistent with applicable
law, to interview members of the governing authority, personnel and
patients.
(5) The EMS provider shall, consistent with applicable
law, permit the department to copy or reproduce, or shall provide
photocopies to the department of any requested records or documents.
If it is necessary for the department to remove records or other information
(other than photocopies) from the provider's premises, the department
will provide the EMS provider's governing authority or designee with
a written statement of this fact, describing the information being
removed and when it is expected to be returned. The department will
make a reasonable effort, consistent with the circumstances, to return
the records the same day.
(6) The department will hold an entrance conference
with the EMS provider, governing authority or designee before beginning
the inspection or investigation, to explain, consistent with applicable
law, the nature, scope and estimated time schedule of the inspection
or investigation.
(7) Except for a complaint investigation or a follow-up
visit, an inspection will include an evaluation of compliance with
the Health and Safety Code, Chapter 773 and the rules of this chapter.
During the inspection, the department representative will, unless
otherwise provided for by law, inform the EMS provider's governing
authority or designee of the preliminary findings and give the provider
a reasonable opportunity to submit additional facts or other information
to the department representative in response to those findings.
(8) When the inspection is complete, the department
will hold an exit conference with the provider, unless otherwise provided
for by law, to inform the provider, to the extent permitted by law,
of any preliminary findings of the inspection or investigation and
to give the EMS provider the opportunity to provide additional information
regarding the deficiencies cited. If no deficiencies are identified
at the time of inspection, a statement indicating this fact may be
left with the EMS provider's governing authority or designee. Such
a statement does not constitute a department finding or certification
that the facility is in compliance.
(9) If deficiencies are cited:
(A) the department will provide the EMS provider's
administrator of record and medical director with a written deficiency
report no more than 30 calendar days after the exit conference.
(B) The EMS provider's governing authority, designee,
or person in charge at the time shall sign an acknowledgement of the
inspection and receipt of the written deficiency report and return
it to the department. The signature does not indicate the EMS provider's
agreement with, or admission to the cited deficiencies unless the
agreement or admission is explicitly stated.
(C) No later than 30 calendar days after the EMS provider's
receipt of the deficiency report, the EMS provider shall return a
written plan of correction to the department for each deficiency,
including time frames for implementation, together with any additional
evidence of compliance the EMS provider may have, regarding any cited
deficiency. The department will determine if the written plan of correction
and proposed timeframes for implementation are acceptable. If the
plan is not acceptable, the department will notify the provider in
writing no later than 30 days after receipt and request a modified
plan. The EMS provider shall modify and resubmit the plan of correction
no later than 30 calendar days after the EMS provider's receipt of
the request. The EMS provider shall correct the identified deficiencies
and submit documentation to the department verifying completion of
the corrective action within the timeframes set forth in the plan
of correction accepted by the department, or as otherwise specified
by the department. The provider will be deemed to have received the
deficiency report or other department correspondence mailed under
this subparagraph three days after mailing.
(D) Regardless of the EMS provider's compliance with
this subsection, the department's acceptance of the provider's plan
of correction, or the provider's utilization of an informal compliance
group review under paragraph (10) of this subsection, the department
may, at any time, propose to take action as appropriate under §157.16
of this title (relating to Emergency Suspension, Suspension, Probation,
Revocation, Denial of a Provider License or Administrative Penalties).
Cont'd... |
