| (Y) displaying unprofessional conduct such as, but
not limited to the following:
(i) retaliation;
(ii) discrimination 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.
(Z) unprofessional conduct such as, but not limited
to the following:
(i) retaliation;
(ii) discrimination;
(iii) verbal or physical abuse; or
(iv) inappropriate physical or sexual contact.
(AA) failing to maintain a substantial amount of skill,
knowledge and/or academic acuity to timely and/or accurately carry
out the duties of an EMS Instructor;
(BB) failing to meet standards as required in this
section;
(CC) previous conduct on the part of the applicant
during the performance of duties relating to the responsibilities
of EMT personnel or an EMS Instructor that is contrary to accepted
standards of conduct as described in Chapter 157 of this title;
(DD) disciplinary action relating to a certificate
or license issued in another state; and/or
(EE) misrepresenting any requirements for certification
or licensure.
(3) Notification. If the department proposes to take
disciplinary action against an EMS instructor, the certificant 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 certificant has an opportunity to request
a hearing.
(A) The certificant may request a hearing within 15
days after the date of the notice. This request shall be in writing
and submitted to the department. The hearing shall be conducted pursuant
to the Administrative Procedure Act, Government Code, Chapter 2001.
(B) If the certificant does not request a hearing,
after being sent the notice of opportunity, the certificant waives
the opportunity for a hearing and the department shall implement its
proposal.
(4) Probation. The department may probate any penalty
assessed under this section and may specify terms and conditions of
any probation issued.
(5) Reapplication.
(A) Two years after the revocation, denial, or the
voluntary surrender of an instructor certification while disciplinary
action is pending, an individual may petition the department, in writing,
for the opportunity to reapply for certification. Expiration of a
certificate during the suspension period shall not affect the two-year
waiting period required before a petition can be submitted.
(B) The department shall evaluate the petition and
may allow or deny the opportunity to submit an application for recertification.
The petitioner bears the burden of proving fitness for certification.
(C) In evaluating a petition for permission to reapply
for certification the department shall consider, but is not limited
to, the following issues:
(i) the likelihood of a repeat of the actions or inactions
that led to revocation;
(ii) the petitioners overall record as an instructor;
(iii) letters of support or recommendation;
(iv) letters in protest or nonsupport of the petition;
and
(v) the need for the services of an instructor in a
given area.
(D) The petitioner shall be notified of the department's
decision to allow or deny the submission of reapplication within 60
days of the request.
(j) Surrender of a certificate. Surrender of a certificate
shall not deprive the department of jurisdiction in regard to disciplinary
action against the certificant. An individual who wishes to surrender
his or her certification prior to the expiration of the certificate
may do so by:
(1) completing a Surrender of Certificate statement;
and
(2) in the event that a disciplinary action is pending
or reasonably imminent, the certificant must acknowledge that the
surrender constitutes a pleas of "no contest" to the allegations upon
which the disciplinary action is predicated.
(k) 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.
|
| Source Note: The provisions of this §157.44 adopted to be effective September 1, 2000, 25 TexReg 3749; 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 |
