| (F) submit documentation of observing or providing
at least 8 hours of emergency medical care by a licensed EMS provider,
first responder organization or clinical site.
(4) After verification by the department of the information
submitted the course coordinator who meets the requirements of subsection
(d) or (e) of this section shall be recertified for two years commencing
on the date following the expiration of the last certificate.
(k) Late recertification.
(1) An application for recertification shall be considered
late if the application and nonrefundable fee are received after the
most recent certificate has expired and if all requirements for recertification
are not met prior to the end of the most recent certification period.
(2) A course coordinator who has not recertified prior
to the end of his most recent certification period is not certified
and may not perform the duties of a course coordinator.
(l) To be eligible for recertification, the candidate
shall meet the following:
(1) A candidate whose certificate has been expired
for 90 days or less may renew the certificate by submitting an application
and paying a nonrefundable renewal fee that is equal to 1-1/2 times
the normally required application renewal fee for that level as listed
in subsection (d) or (e) of this section.
(2) A candidate whose certificate has been expired
for more than 90 days but less than one year may renew the certificate
by submitting an application and paying a nonrefundable renewal fee
that is equal to two times the normally required application renewal
fee as listed in subsection (d) or (e) of this section.
(3) A candidate must complete of all requirements for
recertification no later than one year after the expiration of the
most recent certificate.
(4) After verification by the department of the information
submitted by the candidate, the candidate who meets the requirements
of this subsection shall be recertified for two years commencing on
the day of issuance of a certificate.
(5) A candidate whose certification is expired more
than one year must meet the requirements of subsection (d) or (e)
of this section including the completion of another initial course
to be certified.
(m) Disciplinary actions.
(1) Administrative penalty. The department may impose
an administrative penalty on a course coordinator not to exceed $7,500
per day per violation of the Health and Safety Code or the rules adopted
thereunder.
(2) Emergency suspension. The department may issue
an emergency order to suspend a course coordinator's certification
if the department has reasonable cause to believe the conduct of the
certified course coordinator creates an imminent danger to the public
health and safety.
(A) An emergency suspension shall be effective immediately
without a hearing or notice to the certificate holder. Notice shall
be established on the date that a copy of the signed emergency suspension
order is sent to the address shown in the current records of the department.
Notice shall also be given to any sponsoring entity.
(B) If a written request for a hearing is received
from the certificate holder within 15 days of the suspension, the
department shall conduct a hearing not later than the 30th day after
the date on which a hearing request is received to determine if the
emergency suspension is to be continued, modified, or rescinded. The
hearing and appeal from any disciplinary action related to the hearing
shall be governed by the Administrative Procedure Act, Government
Code, Chapter 2001.
(3) Reprimand, suspension, or revocation. A course
coordinator may be reprimanded or the course coordinator's certification
may be suspended or revoked for, but not limited to the following:
(A) failing to maintain active status EMS personnel
certification at the appropriate level;
(B) failing to comply with the responsibilities of
a course coordinator as defined in subsection (h) of this section;
(C) falsifying an application for EMS certification
or licensure;
(D) falsifying a program approval application, a self-study,
a course approval application, or any supporting documentation;
(E) falsifying a course completion certificate or any
other document that records or verifies course activity and/or is
a part of the course record;
(F) assisting another to obtain or to attempt to obtain
personnel certification or recertification by fraud, forgery, deception,
or misrepresentation;
(G) failing to complete and submit the course applications
and student documents within established time frames;
(H) coordinating or attempting to coordinate a course
above the coordinator's level of certification;
(I) compromising or failing to maintain the order,
discipline and fairness of a department-approved course or program;
(J) allowing inadequate class presentations in a course
for which the coordinator is responsible;
(K) demonstrating a lack of supervision of personnel
instructing in courses for which the coordinator is responsible;
(L) compromising an examination or examination process
administered or approved by the department;
(M) cheating or assisting another in cheating on an
EMS examination, other evaluation or any other activity offered or
conducted by the department, a training program approved by the department,
or a provider licensed by the department;
(N) accepting any benefit to which there is no entitlement
or benefits in any manner through fraud, deception, falsification,
misrepresentation, theft, misappropriation, or coercion;
(O) failing to maintain appropriate policies, procedures
and safeguards to ensure the safety of students, instructors or other
class participants;
(P) allowing recurrent use of inadequate, inoperable,
or malfunctioning equipment;
(Q) failing to maintain the fiscal integrity of a course
for which the coordinator is responsible;
(R) issuing a check to the department which is returned
unpaid;
(S) failing to maintain education course records;
(T) demonstrating unwillingness or inability to comply
with the Health and Safety Code and/or the rules adopted thereunder;
(U) failing to give the department true and complete
information when asked regarding any alleged or actual violation of
the Health and Safety Code, or the rules adopted thereunder, or failing
to report a violation;
(V) functioning or attempting to function as a course
coordinator during a period of suspension which may be cause for suspension
of the coordinator certification;
(W) committing any violation during a probationary
period;
(X) failing to report a violation of the Health and
Safety Code, Chapter 773, or the rules adopted thereunder;
(Y) failing to notify the department when any current
EMS student or student applicant, or certified or licensed program
employee is arrested for, or received a conviction, deferred adjudication
or deferred prosecution for, any crime, upon the coordinator's discovery
of such;
(Z) failing to notify the department of a conviction,
deferred adjudication, or deferred prosecution for a crime which directly
relates to the person's ability to carry out the duties and responsibilities
of an EMS personnel or EMS course coordinator, per the guidelines
and criteria outlined in §157.37 of this title; and
(AA) demonstrating unprofessional conduct such as,
but not limited to the following:
(i) retaliation;
(ii) discrimination; shall not discriminate on the
basis of race, color, religion (creed), gender, gender expression,
age, national origin (ancestry), disability, marital status, sexual
orientation, or military status, in any of its activities or operations.
(iii) verbal or physical abuse; or
(iv) inappropriate physical or sexual contact.
(4) Notification. If the department proposes to suspend
or revoke a course coordinator's certificate, the course coordinator
shall be notified at the address shown in the current records of the
department. The notice must state the alleged facts or conduct warranting
the action and state that the course coordinator has an opportunity
to request a hearing in accordance with the Administrative Procedure
Act, Government Code, Chapter 2001.
(A) The course coordinator may request a hearing after
the date of the notice. This request shall be in writing and submitted
to the department.
Cont'd... |
