| (a) Emergency Suspension. The commissioner or his/her
designee shall issue an emergency suspension order to any emergency
medical services (EMS) certificant or licensee if the commissioner
or his/her designee has reasonable cause to believe that the conduct
of any certificant or licensee creates an imminent danger to public
health or safety.
(1) An emergency suspension issued by the commissioner
or designee shall be effective immediately without a hearing on notice
to the certificant or licensee. Notice to the certificant or licensee
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.
(2) A copy of the emergency suspension order shall
be sent to any licensed EMS provider, first responder organization,
medical director, institution or facility with which the certificant
or licensee is known to be associated, at the address shown in the
current records of the department.
(3) If a written request for a hearing is received
from the suspended individual within 15 days of the date of suspension,
the department shall conduct a hearing not later than the thirtieth
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if the emergency suspension is to be continued, modified or rescinded.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 any disciplinary action related to the
hearing shall be governed by the Administrative Procedure Act, Government
Code, Chapter 2001.
(b) Disciplinary Action. The department may suspend,
revoke, or refuse to renew an EMS certification or paramedic license,
or may reprimand a certificant or licensed paramedic for, but not
limited to, the following reasons:
(1) violating any provision of the Health and Safety
Code, Chapter 773, and/or 25 Texas Administrative Code, as well as
Federal, State, or local laws, rules or regulations affecting, but
not limited to, the practice of EMS;
(2) any conduct which is criminal in nature and/or
any conduct which is in violation of any criminal, civil and/or administrative
code or statute;
(3) failing to make accurate, complete and/or clearly
written patient care reports documenting a patient’s condition
upon arrival at the scene, the prehospital care provided, and patient’s
status during transport, including signs, symptoms, and responses
during duration of transport as per EMS provider’s approved
policy;
(4) falsifying any EMS record; patient record or report;
or making false or misleading statements in a oral report; or destroying
a patient care report;
(5) disclosing confidential information or knowledge
concerning a patient except where required or allowed by law;
(6) causing or permitting physical or emotional abuse
or injury to a patient or the public, and/or failing to report such
abuse or injury to the employer, appropriate legal authority and/or
the department
(7) failing to report to the employer, appropriate
legal authority or the department, the event of abuse or injury to
a patient or the public within 24 hours or the next business day after
the event;
(8) failure to follow the medical director’s
protocol, performing advanced level or invasive treatment without
medical direction or supervision, or practicing beyond the scope of
certification or licensure;
(9) failing to respond to a call while on duty and/or
leaving duty assignment without proper authority;
(10) abandoning a patient;
(11) turning over the care of a patient or delegating
EMS functions to a person who lacks the education, training, experience,
or knowledge to provide appropriate level of care for the patient;
(12) failing to comply with the terms of a department
ordered probation or suspension;
(13) issuing a check to the department which has been
returned to the department or its agent unpaid;
(14) discriminating in any way based on real or perceived
conditions of national origin, race, color, creed, religion, sex,
sexual orientation, age, physical disability, mental disability, or
economic status;
(15) misrepresenting level of any certification or
licensure;
(16) misappropriating medications, supplies, equipment,
personal items, or money belonging to the patient, employer or any
other person or entity;
(17) failing to take precautions to prevent misappropriating
medications, supplies, equipment, personal items, or money belonging
to the patient, employer or any person or entity;
(18) falsifying or altering, or assisting another in
falsifying or altering, any department application, EMS certificate
or license; or using or possessing any such altered certificate or
license;
(19) committing any offense during the period of a
suspension/probation or repeating any offense for which a suspension/probation
was imposed within the two-year period immediately following the end
of the suspension or probation;
(20) cheating and/or assisting another to cheat on
any examination, written or psychomotor, by any provider licensed
by the department or any institution or entity conducting EMS education
and/or training or providing an EMS examination leading to obtaining
certification or renewing certification or license;
(21) obtaining or attempting to obtain and/or assisting
another in obtaining or attempting to obtain, any advantage, benefit,
favor or gain by fraud, forgery, deception, misrepresentation, untruth
or subterfuge;
(22) illegally possessing, dispensing, administering
or distributing, or attempting to illegally dispense, administer,
or distribute controlled substances as defined by the Health and Safety
Code, Chapter 481 and/or Chapter 483;
(23) having received disciplinary action relating to
an EMS certificate or license or another health provider certificate
or license issued in another state or in a U.S. Territory or in another
nation, or having received disciplinary action relating to another
health provider certificate or license issued in Texas;
(24) failing or refusing to timely give the department
full and complete information requested by the department;
(25) failing to notify the department of a change in
his or her criminal history within 30 business days of the issuance
of a court order, which resulted in him or her being convicted or
placed on a deferred adjudication community supervision or deferred
disposition for any criminal offense, other than any class C misdemeanor
not directly related to EMS or other than any offense noted in §157.37(e)(5)
of this title (relating to Certification or Licensure of Persons With
Criminal Backgrounds);
(26) failing to notify the department within 5 business
days of his or her being arrested, charged or indicted for any criminal
offense, other than any class C misdemeanor not directly related to
EMS or other than any offense noted in §157.37(e)(5) of this
title;
(27) failing to notify the department of a change in
his or her criminal history within 5 business days of the issuance
of a court order, which resulted in him or her being convicted or
placed on deferred adjudication community supervision, or deferred
disposition for any offense noted in §157.37(e)(5) of this title;
(28) failing to notify the department within 5 business
days of his or her being arrested, charged or indicted for a criminal
offense noted in §157.37(e)(5) of this title;
(29) having been convicted or placed on deferred adjudication
community supervision, or deferred disposition for a criminal offense
that directly relates to the duties and responsibilities of EMS personnel,
as determined by the provisions of §157.37 of this title, except
that a person’s EMS certification or paramedic license shall
be revoked if the certificant or licensed paramedic is convicted,
or placed on deferred adjudication community supervision or deferred
disposition for a criminal offense, noted in §157.37(e)(5) of
this title;
(30) failing to timely complete any portion of the
criminal history evaluation process, including submission of fingerprints,
or timely providing information requested by the department within
60 days of notification to do so, in accordance with provisions in §157.37
of this title;
(31) engaging in any conduct that jeopardizes or has
the potential to jeopardize the health or safety of any person;
(32) using alcohol or drugs to such an extent that
in the opinion of the commissioner or his/her designee, the health
or safety of any persons or may be endangered;
(33) failure by the employee, of an employer drug screening
test right before, after or during an assigned EMS work or volunteer
shift;
(34) resigning employment or refusing by the employee,
of an employer drug screening test right before, after or during an
assigned EMS work or volunteer shift;
Cont'd... |
