| (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.
(C) When a complete application is received by the
department less than 60 days prior to the expiration of the current
license, the applicant shall submit a nonrefundable application fee
of $500 per provider plus $180 for each EMS vehicle.
(D) If the application for renewal is received by the
department after the expiration date of the current license, it is
deemed to be untimely filed and that license expires on its expiration
date. The EMS provider will be required to file a new initial application
and follow the initial application process.
(E) An EMS provider may not operate after its license
has expired.
(p) Provisional License. The department may issue an
EMS provisional license if an urgent need exists in a service area
when the department finds that the applicant is in substantial compliance
with the provisions of this section and if the public interest would
be served. A provisional license shall be effective for no more than
30 days from the date of issuance.
(1) An EMS provider may apply for a provisional license
by submitting a written request and a nonrefundable fee of $30.
(2) A provisional license issued by the department
may be revoked at any time by the department, with written notice
to the provider, when the department finds that the provider is failing
to provide appropriate service in accordance with this section or
that the provider is in violation of any of the requirements of this
chapter.
(q) Advertisements.
(1) Any advertising by an EMS provider shall not be
misleading, false, or deceptive. When an EMS provider advertises in
Texas and/or conducts business in Texas by regularly transporting
patients from, or within Texas, the provider shall be required to
have a Texas EMS Provider License.
(2) An EMS provider shall not advertise levels of patient
care which it cannot provide at all times. The provider shall not
use a name, logo, art work, phrase or language that could mislead
the public to believe a higher level of care is being provided.
(3) An EMS provider that has more than five paid staff,
but is composed of at least 75% volunteer EMS personnel may advertise
as a volunteer service.
(r) Surveys/Inspections and Investigations.
(1) The department may conduct scheduled or unannounced
on-site inspection or investigation of a provider's vehicles, office(s),
headquarter(s) and/or station(s) (hereinafter operations), at any
reasonable time, including while services are being provided, to ensure
compliance with Health and Safety Code, Chapter 773 and this chapter.
(2) An applicant or licensee, by applying for or holding
a license, consents to entry and inspection or investigation of any
of its operations by the department, as provided for by the Health
and Safety Code, Chapter 773 and this chapter.
(3) Department's inspections or investigations to evaluate
an EMS provider's compliance with the requirements of the Health and
Safety Code, Chapter 773 and this chapter, may include:
(A) initial, prelicensure and change in status inspections
for the issuance of a new license;
(B) routine inspection conducted at the departments'
discretion or prior to renewal;
(C) follow-up on-site inspection, conducted to evaluate
implementation of a plan of correction for deficiencies cited during
a department investigation or inspection;
(D) a complaint investigation, conducted in response
to a report or complaint, as described in subsection (u) of this section,
relating to complaint investigations; and
(E) an inspection to determine if a person, company,
or organization is offering or providing EMS service(s) without a
license, or to determine if EMS vehicles are being staffed by persons
who do not hold Texas EMS certification or license.
(4) The provider and medical director shall cooperate
with any department investigation or inspection, and shall, consistent
with applicable law, permit the department to examine the provider's
grounds, buildings, books, records and other documents and information
maintained by or on behalf of the provider, that are necessary to
evaluate compliance with applicable statutes, rules, plans of correction
and orders with which the EMS provider is required to comply. The
EMS provider shall permit the department, consistent with applicable
law, to interview members of the governing authority, personnel and
patients.
Cont'd... |
