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RULE §157.44Emergency Medical Service Instructor Certification

    (A) An emergency suspension shall be effective immediately without a hearing or written notice to the certificate holder. Notice to the certificant 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, or by return receipt. Notice shall also be sent to any sponsoring entity.

    (B) If a written request for a hearing is received from the certificate holder within 15 days of the date of notice, 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date on which a hearing request is received to determine if the emergency suspension is to be continued, modified, or rescinded.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 a disciplinary action related to the hearing shall be in accordance with the Administrative Procedure Act, Government Code, Chapter 2001.

  (2) The department may suspend, revoke, or refuse to renew an instructor certification, or may reprimand an instructor for, but not limited to, the following reasons:

    (A) failing to maintain a current and active Texas EMS personnel certification at the appropriate level;

    (B) failing to comply with the responsibilities of an instructor as in subsection (e) of this section;

    (C) falsifying or assisting another person in falsifying an application for EMS certification;

    (D) falsifying or assisting another person in falsifying a program approval application, a self-study, a course approval application, or any supporting documentation;

    (E) falsifying or assisting another person in 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) compromising department or program standards for verification of skills proficiency or falsifying proficiency verification records;

    (G) obtaining, or attempting to obtain, or assisting another person in obtaining or attempting to obtain certification or recertification by fraud, deception, falsification, theft, misappropriation, coercion, forgery, or misrepresentation;

    (H) failing to complete and submit student documents within the established time frames;

    (I) compromising or failing to maintain the order, discipline and fairness of a department-approved course or program;

    (J) delivering or allowing inadequate class presentations;

    (K) compromising an examination or examination process administered or approved by the department;

    (L) 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;

    (M) accepting any benefit to which there is no entitlement or benefits in any manner through fraud, deception, falsification, misrepresentation, theft, misappropriation or coercion;

    (N) failing to maintain appropriate policies, procedures and safeguards to ensure the safety of students, fellow instructors or other class participants;

    (O) allowing recurrent use of inadequate, inoperable, or malfunctioning equipment;

    (P) issuing a check to the department which is returned unpaid;

    (Q) failing to maintain education course records for initial or continuing education (CE) courses;

    (R) demonstrating an unwillingness or inability to comply with the Health and Safety Code and rules adopted thereunder;

    (S) 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;

    (T) committing any violation during a probationary period;

    (U) functioning or attempting to function as an instructor during a period of suspension shall be cause for revocation of the instructor certification;

    (V) failing to report a violation of the Health and Safety Code, Chapter 773, or the rules adopted thereunder;

    (W) failing to notify the department when any current EMS student, 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 instructor's discovery of such;

    (X) 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 instructor, per the guidelines and criteria outlined in §157.37 of this title;

    (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

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