| (a) General.
(1) A certified emergency medical service (EMS) instructor
is an individual who has received training approved by the Texas Department
of State Health Services (department) to conduct the classroom or
laboratory portion of an EMS training course.
(2) An instructor must be currently certified at the
emergency medical technician (EMT) level or higher and may not instruct
knowledge or skills above the current level of personnel certification.
(3) Instructor certification is dependent on the individual's
EMS personnel certification and is subject to the same status as that
personnel certification. If the department imposes disciplinary action
in accordance with §157.16 of this title (relating to Emergency
Suspension, Suspension, Probation, Revocation or Denial of a Provider
License) or §157.36 of this title (relating to Criteria for Denial
and Disciplinary Actions for EMS Personnel and Voluntary Surrender
of a Certificate or License), the action shall also be imposed automatically
and immediately on the individual's instructor certification.
(b) Certification. To obtain certification, a candidate
shall:
(1) have a high school diploma or a general educational
development (GED) certificate;
(2) have active Texas EMS personnel certification;
(3) complete a training program using an instructor
training curriculum approved by the department; or
(4) successfully complete a methods of teaching course
or other type of instructor training course approved by the department;
the course completed shall be a minimum of 40 hours and all requirements
shall be completed within one year of the completion date on the course
certificate, and the department may exempt those applicants who are
already certified in those courses; or
(5) an instructor candidate who has a degree in secondary
or higher education, a secondary teaching certificate or is currently
certified as an EMS Instructor in another state shall submit documentation
to verify the degree, teaching certificate or out-of-state instructor
certificate;
(6) submit an application to the department with a
nonrefundable fee of $30 to the department, except a fee shall not
be required if compensation is not received for instructing training
courses or programs; and a course completion document from a department-approved
instructor course; and
(7) pass the instructor examination administered or
approved by the department.
(8) The instructor candidate who does not pass the
department-administered exam may have one opportunity to retest by
submitting the retest application and $30 retest fee, if applicable.
The retest must be completed no later than one year after the course
completion date. The candidate who fails the retest must complete
another instructor course to become eligible for instructor certification.
(c) Currently certified instructors shall be considered
to have met the qualifications in this section.
(d) Period of certification. After verification by
the department of the information submitted by the candidate, the
candidate who meets the requirements of subsection (b) of this section
shall be certified as an instructor for two years commencing on the
date of issuance of the certificate.
(e) Responsibilities. An instructor shall have the
following responsibilities:
(1) conduct classroom and laboratory sessions in accordance
with lesson objectives as assigned by the course coordinator;
(2) conduct skills proficiency verifications and other
student evaluations as assigned by the course coordinator;
(3) assist the course coordinator in preparing and
maintaining records and performing other duties necessary to insure
the integrity, efficiency and effectiveness of the course;
(4) adhere to the curriculum standards as referenced
in §157.32 of this title (relating to Emergency Medical Services
Education Program and Course Approval);
(5) adhere to the standards outlined in the department's
EMS Education and Training Manual;
(6) provide supervision and oversight for assigned
courses;
(7) function as the liaison between the students, the
course coordinator, the program, and the department;
(8) ensure that the facilities, including the classroom
and lab areas, are conducive to a positive learning environment;
(9) ensure that equipment and supplies are clean, in
working order, and of adequate quality and quantity to provide a positive
learning environment;
(10) properly administer and maintain integrity of
the skills proficiency verifications and other student evaluations
during a course;
(11) properly and accurately inform students of the
requirements, processes, and paperwork necessary for Texas EMS certification
or licensure;
(12) properly and accurately inform students of the
laws and rules regulating EMS, including requirements for staffing
Texas EMS vehicles; and
(13) maintain the overall classroom setting and/or
course presentation to ensure the integrity, efficiency, and/or effectiveness
of the course.
(f) Recertification.
(1) Prior to the expiration of a certificate, the department
shall send a notice of expiration to the certificant at the address
shown in the current records of the department. It is the responsibility
of EMS personnel to notify the department of any change of address.
(2) If a certificant has not received notice of expiration
from the department 30 days prior to the expiration, the certificant
shall request an application for recertification from the department
or download an application from the Internet. Failure to apply for
recertification shall result in expiration of the certificate.
(3) To be eligible for recertification, the instructor
shall meet recertification requirements during the latest instructor
certification period:
(A) maintain active status EMS certification;
(B) submit documentation of observing or providing
at least 8 hours of emergency medical care by or with a licensed EMS
provider, first responder organization or clinical site; and
(C) submit the application for recertification and
a nonrefundable fee of $30.
(4) After verification by the department of the information
submitted, the candidate who meets the requirements of this section
shall be recertified for two years commencing on the day following
the expiration of the current certificate.
(g) Late recertification.
(1) An application for renewal of a certificate shall
be considered late if:
(A) the application and nonrefundable fee are received
after the most recent certificate has expired; or
(B) all requirements for recertification are not met
prior to the end of the most recent certification period.
(2) An instructor who has not recertified prior to
the end of his most recent certification period is not certified.
(h) Recertification. To be eligible for recertification,
the candidate shall meet the following:
(1) A candidate whose certificate has been expired
for 90 days or less may renew the certificate by submitting an application
and paying a nonrefundable renewal fee that is equal to 1-1/2 times
the normally required application renewal fee for that level as listed
in subsection (b)(6) of this section;
(2) A candidate whose certificate has been expired
for more than 90 days but less than one year may renew the certificate
by submitting an application and paying a nonrefundable renewal fee
that is equal to two times the normally required application renewal
fee as listed in subsection (b)(6) of this section.
(3) A candidate must complete all the requirements
for recertification no later than one year after the expiration of
the most recent certificate.
(4) After verification by the department of the information
submitted by the candidate, the candidate who meets the requirements
of this subsection shall be recertified for two years commencing on
the day of issuance of a certificate.
(5) A candidate whose certification is expired more
than one year must meet the requirements of subsection (b) of this
section.
(i) Disciplinary action.
(1) Emergency suspension. The department may issue
an emergency order to suspend an instructor certification if the department
has reasonable cause to believe the conduct of the certified instructor
creates an imminent danger to the public health or safety.
(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;
Cont'd... |
