| (5) falsifying any Texas application for certification
or licensure or falsifying any application or documentation used to
acquire registration, certification or licensure;
(6) issuing payment to the department which has been
returned to the department or its agent;
(7) misrepresenting any requirements for certification,
recertification, licensure, or licensure renewal;
(8) staffing an EMS vehicle deemed to be in service
while the person's previously issued certification or license is expired,
suspended or has been revoked; and/or
(9) failing to maintain a substantial amount of skill,
knowledge and/or academic acuity to timely and/or accurately perform
the duties or meet the responsibilities required of a certified emergency
medical technician or licensed paramedic.
(d) Notification. If the department proposes to suspend,
revoke, or not renew an EMS certificate or license, or reprimand a
certificant or licensed paramedic, or deny a person's application
for an EMS certification or paramedic license, or disqualify a prescreening
petition's eligibility to acquire an EMS certification or paramedic
license, the certificant, licensed paramedic, applicant or petitioner
shall be notified at the address as shown in the current records of
the department. The notice must state the alleged facts or conduct
to warrant the proposed action and state that the individual may request
an appeal hearing.
(e) Appeal Hearing Request.
(1) A request for an appeal hearing shall be in writing
and submitted to the department and postmarked within 30 days after
the date of the notice. The appeal hearing and any appeal from that
hearing shall be conducted pursuant to the Administrative Procedure
Act, Government Code, Chapter 2001.
(2) If the applicant, certificant, licensed paramedic,
or petitioner does not request a hearing in writing within 30 days
after notice, the individual is deemed to have waived the opportunity
for an appeal hearing and the department may take the proposed action.
(1) The department may probate the suspension of an
EMS certification or paramedic license and as a probationary condition
may require the certificant or licensee to:
(A) report regularly to the department on matters that
are the basis of the probation;
(B) limit practice to the areas prescribed by the department;
(C) continue or review professional education until
the person attains a degree of skill satisfactory to the department
in those areas that are the basis of the probation; and/or
(D) complete or continue to meet certain requirements
or conditions related to the circumstances surrounding the certificant's
or licensee's rule violations or background to assure that he or she
will continue to meet and maintain general EMS standards.
(2) Because of certain circumstances or conduct in
the background of a person making an initial application for an EMS
certification or paramedic license, the department may grant the certification
or license, but place the person on probation, subject to the person
meeting certain probationary conditions during the certification or
licensure period to assure that the person will meet and maintain
general EMS standards.
(3) Any person, whose EMS certification or paramedic
license has been revoked by the department and who later regains certification
or licensee under this section, shall be placed on probation for one
year and be required to meet certain conditions to assure that he
or she will meet and maintain general EMS standards.
(1) Two years after denial, revocation of a license,
or the voluntary surrender of a certificate or license while disciplinary
action is pending, an individual may petition the department in writing
for reapplication for certification or licensure. Expiration of a
certificate or license during the suspension period shall not affect
the two-year waiting period required before a petition can be submitted.
(2) The petitioner bears the burden of proving fitness
for certification or licensure.
(3) The department may allow the petitioner to file
an application for certification or licensure if there is proof that
the health, safety, and confidence of the public will be protected.
(4) The department may deny any petitioner if, in the
judgement of the commissioner or designee, the reason for the original
action continues to exist or if the petitioner has failed to offer
sufficient proof that there is no longer a threat to public health,
safety, and/or confidence.
(5) If the reapplication is allowed, the petitioner
shall be required to meet the requirements for licensure as described
in §157.40 of this title (relating to Paramedic Licensure), or
certification as described in §157.33 of this title (relating
to Certification), §157.43 of this title (relating to Course
Coordinator Certification), or §157.44 of this title (relating
to Emergency Medical Service Instructor Certification) and in addition
shall meet the terms of probation in subsection (f) of this section.
(h) Surrender of a certificate or license. Surrender
of a certificate or license shall not deprive the department of jurisdiction
in regard to disciplinary action against the certificant or licensee.
An individual who wishes to surrender his or her certification or
license prior to the expiration of the certificate or license may
do so by:
(1) completing a Surrender of Certificate or License
(2) in the event that a disciplinary action is pending
or reasonably imminent, the certificant or licensee must acknowledge
that the surrender constitutes a plea of "no contest" to the allegations
upon which the disciplinary action is predicated.
(i) Notification of disposition. A copy of the order
of final disposition of proposed disciplinary action shall be sent
to any licensed EMS provider, first responder organization, medical
director, institution or facility with which the certificant or licensee
is known to be associated at the address shown in the current records
of the department.
|Source Note: The provisions of this §157.36 adopted to be effective September 1, 2000, 25 TexReg 3749; amended to be effective July 6, 2010, 35 TexReg 5888; amended to be effective February 12, 2017, 42 TexReg 430