(A) There shall be documentation of a formal relationship
between the program's provider and all facilities serving as sites
for clinical instruction.
(B) Facilities used for clinical instruction must provide
access to types of patients in sufficient variety and number to enable
students to meet the program's objectives.
(C) Individuals who possess appropriate expertise and
credentials shall provide clinical supervision and instruction.
(D) Continuing education student participants shall
possess appropriate insurance for professional liability while engaging
in clinical activities.
(E) Provide a name and contact information for the
designated infection control officer and document education for the
designated infection control officer based on U.S. Code, Title 42,
Chapter 6A, Subchapter XXIV, Part G, §300ff-136.
(4) Individualized Instruction. In addition to the
criteria listed in paragraph (1) of this subsection, programs consisting
of individualized instruction, including programmed instruction, directed
study, or directed research shall meet the following criteria.
(A) Instruction shall follow a logical sequence based
on the program's stated learning objectives.
(B) Instruction shall involve the learner in an active
response to the educational materials presented.
(C) The amount of instructional time applied shall
be appropriate to the learning objectives specified.
(D) Provider shall insure that contact hours are awarded
to the actual certificant to whom intended.
(5) Individual submission by the participant of study
activity for review by the department. The following information must
be submitted for review.
(A) A course syllabus defining the content, the learning
objectives, the dates and times of presentation, and the number of
contact hours.
(B) A description of the presenters' qualifications
and expertise.
(C) Verification by the presenter of successful participation.
(i) Additional Criteria for Specific Continuing Education
Programs. In addition to those listed in subsection (h) of this section,
the following guidelines shall apply to the selection and/or planning
and implementation of specific CE programs.
(1) Semester or quarter credit hour courses.
(A) The course shall be within the framework of a curriculum
that leads to a degree in emergency medical services or any credit
hour course relevant to emergency health care.
(B) Certified or licensed EMS personnel, upon audit,
shall be able to present an official transcript or official evidence
indicating successful completion of the course with a passing grade.
(2) Certified or licensed EMS personnel, upon request
by the department, shall provide documentation on the accredited institution's
letterhead giving the name of program, location, dates, subjects taught,
and total clock hours of teaching or instruction for all continuing
education activity, including credit hour courses. Documentation may
include course completion certificates, diplomas, and/or transcripts.
(3) Authorship.
(A) Certified or licensed EMS personnel may receive
EMS continuing education contact hours for participating in an approved
self-directed study that results in the participant making written
findings and conclusions of the study which becomes published in an
EMS related textbook, or in a state or national EMS related journal
or magazine, or which results in the presentation of the findings
and conclusions of the study in a department approved workshop, seminar,
conference or class, and which is directed toward, or is applicable
to, the EMS profession.
(B) Continuing education contact hours shall be awarded
only once to the certificant or licensee making written findings and
conclusions that result from a department approved self-directed study
that becomes published or presented as described in subparagraph (3)(A)
of this paragraph.
(4) Out of state programs. A continuing education activity
successfully attended and completed or undertaken in a jurisdiction
outside Texas may be accepted for continuing education if all criteria
are met and if it is approved by the department.
(j) Responsibilities of certified or licensed EMS personnel.
(1) It shall be the responsibility of the certified
or licensed EMS personnel to select and participate in continuing
education activities that meet the criteria listed in subsection (h)
and (i) of this section.
(2) The certified or licensed EMS personnel shall be
responsible for maintaining written certifications of successful completions
of EMS continuing education courses or educational activities for
five years after the dates of completion. These records shall document
successful completion, specifying the name of the EMS continuing education
provider, the title, description, date, and location of the educational
activity, a description of the content area, the number of contact
hours awarded, and the organization granting approval. Complete and
accurate copies of these shall be timely submitted to the department
upon the department's request.
(3) Complete and accurate copies of this written documentation
shall be timely submitted to the department upon the department's
request.
(k) Audit.
(1) The department may audit the records of individuals
seeking recertification through continuing education.
(2) The department may audit specific certified or
licensed EMS personnel in response to a complaint, or if there is
reason to suspect that the certified or licensed EMS personnel may
have given false or inaccurate information about the continuing education
requirements completed.
(3) An audit shall be automatic for certified or licensed
EMS personnel who have been found non-compliant in an immediately
preceding audit.
(4) Failure to notify the department of a current mailing
address shall not absolve the certificant from audit requirements.
(5) Within 30 days following notification of audit,
certified or licensed EMS personnel shall submit documentation as
specified in subsection (j)(2) of this section and any additional
documentation the department determines is necessary to verify compliance
with continuing education requirements.
(6) The department may use on-site observation, audits
of records, and other appropriate methods to evaluate the performance
of continuing education providers. Evaluation of a continuing education
provider may take place randomly, in response to a complaint, or if
there is reason to suspect that a continuing education provider is
not complying with the criteria established by subsections (h) and
(i) of this section.
(7) Falsification of CE documentation or official evidence
of completion of CE shall be cause for reprimand, probation, suspension,
or revocation of a certificate or license as described in §157.36
of this title (relating to Criteria for Denial and Disciplinary Actions
for EMS Personnel and Voluntary Surrender of a Certificate or License).
(8) Falsification of CE documentation or official evidence
of completion by a CE provider or failure to comply with the criteria
established by subsections (h) and (i) of this section shall be cause
for reprimand, probated suspension, suspension, or revocation of approval.
(l) For all applications and renewal applications,
the department is authorized to collect subscription and convenience
fees, in amounts determined by the Texas Online Authority, to recover
costs associated with application and renewal application processing
through Texas Online.
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Source Note: The provisions of this §157.38 adopted to be effective September 1, 2002, 27 TexReg 7810; amended to be effective June 1, 2004, 29 TexReg 4492; amended to be effective August 17, 2008, 33 TexReg 6395; amended to be effective February 12, 2017, 42 TexReg 430 |