| (B) If a patient was younger than 18 years of age when
last treated by the provider, the medical reports of the patient shall
be maintained by the EMS provider until the patient reaches age 21
or for seven years from the date of last treatment, whichever is longer.
(C) An EMS provider may destroy medical records that
relate to any civil, criminal or administrative proceeding only if
the provider knows the proceeding has been finally resolved.
(D) EMS providers shall retain medical records for
a longer length of time than that imposed herein when mandated by
other federal or state statute or regulation.
(E) EMS providers may transfer ownership of records
to another licensed EMS provider only if the EMS provider, in writing,
assumes ownership of the records and maintains the records consistent
with this chapter.
(F) Destruction of medical records shall be done in
a manner that ensures continued confidentiality.
(G) At the time of initial licensing and at each license
renewal, the EMS provider and medical director must attest or provide
documentation to the department a plan for the going out of business,
selling, transferring the business to ensure the maintenance of the
medical record as outlined in subparagraph (E) of this paragraph.
(H) The emergency medical services provider must maintain
all patient care records in the physical location that is the provider's
primary place of business, unless the department approves an alternate
location.
(16) assuring that all requested patient records are
made promptly available to the medical director, hospital or department
when requested;
(17) assuring that current protocols, equipment, supply
and medication lists, and the correct original Vehicle Authorization
at the appropriate level are maintained on each response-ready vehicle;
(18) monitoring and enforcing compliance with all policies
and protocols;
(19) assuring provisions for the appropriate disposal
of medical and/or biohazardous waste materials;
(20) assuring ongoing compliance with the terms of
first responder agreements;
(21) assuring that all documents, reports or information
provided to the department and hospital are current, accurate and
complete;
(22) assuring compliance with all federal and state
laws and regulations and all local ordinances, policies and codes
at all times;
(23) assuring that all response data required by the
department is submitted in accordance with §103.5 of this title
(relating to Reporting Requirements for EMS Providers);
(24) assuring that, whenever there is a change in the
EMS provider's name or the service's operational assumed name, the
printed name on the vehicles are changed accordingly within 30 days
of the change;
(25) assuring that the department is notified within
30 business days whenever:
(A) a vehicle is sold, substituted or replaced;
(B) there is a change in the level of service;
(C) there is a change in the declared service area
as written on an initial or renewal application;
(D) there is a change in the official business mailing
address;
(E) there is a change in the physical location of the
business and/or substations;
(F) there is a change in the physical location of patient
report file storage, to assure that the department has access to these
records at all times; and
(G) there is a change of the administrator of record.
(26) assuring that when a change of the medical director
has occurred the department is notified within one business day;
(27) develop, implement and enforce written operating
policies and procedures required under this chapter and/or adopted
by the licensee. Assure that each employee (including volunteers)
is provided a copy upon employment and whenever such policies and/or
procedures are changed. A copy of the written operating policies and
procedures shall be made available to the department on request. Policies
at a minimum shall adequately address:
(A) personal protective equipment;
(B) immunizations available to staff;
(C) infection control procedures;
(D) management of possible exposure to communicable
disease;
(E) emergency vehicle operation;
(F) contact information for the designated infection
control officer for whom education based on U.S. Code, Title 42, Chapter
6A, Subchapter XXIV, Part G, §300ff- 136 has been documented.
(G) credentialing of new response personnel before
being assigned primary care responsibilities. The credentialing process
shall include as a minimum:
(i) a comprehensive orientation session of the services,
policies and procedures, treatment and transport protocols, safety
precautions, and the quality management process; and
(ii) an internship period in which all new personnel
practice under the supervision of, and are evaluated by, another more
experienced person.
(H) appropriate documentation of patient care; and
(I) vehicle checks, equipment, and readiness inspections;
(J) the security of medications, fluids and controlled
substances in compliance with local, state and federal laws or rules.
(28) assuring that manufacturers' operating instructions
for all critical patient care electronic and/or technical equipment
utilized by the provider are available for all response personnel;
(29) assuring that the department is notified within
five business days of a collision involving an in-service or response
ready EMS vehicle that results in vehicle damage whenever:
(A) the vehicle is rendered disabled and inoperable
at the scene of the occurrence; or
(B) there is a patient on board.
(30) assuring that the department is notified within
one business day of a collision involving an in-service or response
ready EMS vehicle that results in vehicle damage whenever there is
personal injury or death to any person;
(31) maintaining motor vehicle liability insurance
as required under the Texas Transportation Code;
(32) maintaining professional liability insurance coverage
in the minimum amount of $500,000 per occurrence, with a company licensed
or deemed eligible by the Texas Department of Insurance to do business
in Texas in order to secure payment for any loss or damage resulting
from any occurrence arising out of, or caused by the care, or lack
of care, of a patient;
(33) insuring continuous coverage for the service area
defined in documents submitted with the EMS provider application;
(34) responding to requests for assistance from the
highest elected official of a political subdivision or from the department
during a declared emergency or mass casualty situation according to
national, state, regional and/or local plans, when authorized;
(35) providing written notice to the department, RAC
and Emergency Medical Task Force, if the EMS provider will make staff
and equipment available during a declared emergency or mass casualty
situation, for a state or national mission, when authorized;
(36) assuring all EMS personnel receive continuing
education on the provider's anaphylaxis treatment protocols. The provider
shall maintain education and training records to include date, time,
and location of such education or training for all its EMS personnel;
(37) immediately notify the department in writing when
operations cease in any service area;
(38) assure that all patients transported by stretcher
must be in a department authorized EMS vehicle; and
(39) develop or adopt and then implement policies,
procedures and protocols necessary for its operations as an EMS provider,
and enforce all such policies, procedures and protocols.
(o) License renewal process.
(1) It shall be the responsibility of the provider
to request license renewal application information.
(2) EMS providers shall submit a completed application,
all other required documentation and a nonrefundable license renewal
fee, no later than 90 days prior to the expiration date of the current
license.
(A) When a complete application is received by the
department 90 or more days prior to the expiration date of the current
license that is to be renewed, the applicant shall submit a nonrefundable
application fee of $400 per provider plus $180 for each EMS vehicle.
(B) When a complete application is received by the
department 60 or more days, but less than 90 days prior to the expiration
date of the current license that is to be renewed, the applicant shall
submit a nonrefundable application fee of $450 per provider plus $180
for each EMS vehicle.
Cont'd... |
