| (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if the emergency suspension is to be continued, modified, or rescinded.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.
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