| (35) engaging in any activity that betrays the patient
privacy perspective or public trust and confidence in EMS;
(36) 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;
(37) delegating medical functions to other EMS personnel
without approval from the medical director per approved protocols;
(38) failing to transport a patient and/or transport
a patient to the appropriate medical facility according to the criteria
for selection of a patient’s destination established by the
medical director;
(39) failing to document no-transports and refusals
of care and/or follow the criteria under which a patient might not
be transported, as established by the medical director;
(40) failing to contact medical control and/or the
medical director as required by the medical director’s protocols
and/or EMS provider’s policy and procedure when caring for or
transporting a patient;
(41) failing to protect and/or advocate for patients/clients
and/or the public from unnecessary risk of harm from another EMS certified
or licensed personnel;
(42) falsifying employment or volunteer medical profession
applications and/or failing to answer specific questions that would
have affected the decision to employ or otherwise utilize while certified
or licensed as an EMS personnel;
(43) behaving in a disruptive manner toward other EMS
personnel, law enforcement, firefighters, hospital personnel, other
medical personnel, patients, family members or others, that interferes
with patient care or could be reasonably expected to adversely impact
the quality of care rendered to a patient;
(44) failing to notify the department no later than
30 days of a current and/or valid mailing address;
(45) falsifying or altering clinical and/or internship
documents for EMS students;
(46) falsifying or failing to complete daily readiness
checks on EMS vehicles, medical supplies and/or equipment as required
by EMS employers;
(47) engaging in acts of dishonesty which relate to
the EMS profession and/or as determined by the department;
(48) behavior that exploits the EMS personnel-patient
relationship in a sexual way. This behavior is non-diagnostic and/or
non-therapeutic, may be verbal or physical, and may include expressions
or gestures that have sexual connotation or that a reasonable person
would construe as such;
(49) falsifying information provided to the department;
and
(50) engaging in a pattern of behavior that demonstrates
routine response to medical emergencies without being under the policies
and procedures of an EMS provider and/or first responder organization,
and/or providing patient care without medical direction when required.
(c) Criteria for Denial of EMS Certification, or Paramedic
Licensure. An EMS certification or paramedic license may be denied
for, but not limited to, the following reasons:
(1) failing to meet standards as required in this section;
(2) previous conduct of the applicant during the performance
of duties that are similar to those required of EMS personnel, whether
performed as a volunteer or for compensation, but which such previous
conduct that was committed is contrary to accepted standards of conduct
as described or required in this section or Health and Safety Code,
Chapter 773;
(3) having been convicted or placed on deferred adjudication
community supervision, or deferred disposition for a criminal offense
that directly relates to the duties and responsibilities of EMS personnel,
as determined by the provisions of §157.37 of this title, except
that a person's application for EMS certification or paramedic license
shall be denied if the applicant is convicted, or placed on deferred
adjudication community supervision or deferred disposition for a criminal
offense, described in §157.37(e)(5) of this title;
(4) receiving disciplinary action relating to a certificate
or license issued to the applicant in Texas, in another state, or
in a U.S. territory, or in another nation, or by the National Registry
of Emergency Medical Technicians’ (NREMT), or any other organization
that provides national recognized for EMS certification;
(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.
(f) Probation.
(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.
(g) Reapplication.
(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.
Cont'd... |
