| (a) Purpose. The purpose of this section is to set
out the time periods by which the Texas Department of State Health
Services (department) reviews applications for completeness and processes
applications to make an eligibility determination of applicants for
various Emergency Medical Services (EMS) certifications, licenses
and approvals. This section does not apply to applications for trauma
facility designation, but does apply to applications for the following:
(1) EMS Provider License,
(2) First Responder Organization (FRO) license;
(3) EMS Personnel Certifications;
(4) Paramedic Licenses;
(5) EMS Personnel Certification or Paramedic License
via Reciprocity;
(6) EMS Personnel Certification or Paramedic License
via Upgrade;
(7) EMS Course Coordinator certification;
(8) EMS Instructor Certification;
(9) EMS Information Operator Certification;
(10) Comprehensive Clinical Management Program (CCMP)
Approval;
(11) EMS Education Program Approval;
(12) EMS Course Approval;
(13) EMS Continuing Education Provider Approval;
(14) EMS Information Operator Instructor Certification;
(15) EMS Information Operator Training Program Approval,
and
(16) EMS Information Operator Instructor Training Program
Approval.
(b) Period for Processing Initial or Renewal Application.
This period begins on the date the department receives for review
and processing a fully completed written initial or renewal application
for any of those certifications, licenses or approvals listed in subsection
(a)(1) - (16) of this section and ends on the date the department
issues the certification or license, or sends a written notice proposing
to deny granting the certification, license or approval. The certification,
license or approval may be sent to the applicant in lieu of sending
a notice of acceptance of an application.
(1) This period will be no more than 60 calendar days.
(2) This period will be no more than 120 calendar days
for an EMS provider license initial applicant, seeking a variance
from eligibility requirements.
(3) This period may be no more than 180 days for an
applicant of whom the department is conducting a criminal background
investigation.
(4) If the department receives information from any
other person or source that would cause the department to begin a
criminal background investigation of an applicant, this period may
be no more than 180 days from the date the department sends written
notice that it's conducting a criminal background investigation.
(5) This period may be longer than noted periods, if
an application is deficient and becomes subject to a continuing review
of the application.
(6) This period may be longer than noted periods, if
the department proposes to deny the granting of a license, certification
or approval and the applicant timely requests an administrative appeal
hearing, thus causing a final determination to be made pursuant to
timelines relative to Texas Government Code, Chapter 2001 and the
department's appeal rules in this chapter.
(c) Period for Continuing Review of an Initial or Renewal
Application.
(1) Incomplete Information. If an initial or renewal
application is incomplete, the department will send written notice
to the applicant that it is deficient and will specify what information
is required to cure all deficiencies and make it complete and acceptable
for filing. If the department is conducting a criminal background
investigation of the applicant during its application review, it may
send the applicant a request for information needed for its investigation
to determine the applicant's continued eligibility. The department
will send such notice, and/or request, by the 30th day of its receipt
of a deficient application or receipt of information giving cause
for a criminal background investigation. Once an application is subject
to a continuing review of the application, the 60 day period for the
department either to issue, or propose to deny, the license, certification
or approval will be extended based upon the applicant's timeliness
in providing the information and other factors related to the department's
reviewing and processing the application.
(A) Application Deficiency. If an application deficiency
is based upon an absence of information required to make the application
complete for filing, the applicant shall provide the required information
to the department by the 30th day from the date that the department
sent a written request for required information to cure the application's
deficiencies.
(B) Eligibility Deficiency. If an application deficiency
is based upon the applicant's lack of fulfilling an eligibility requirement(s)
that causes an absence of information required to make the application
complete for filing, the applicant shall provide written notification
to the department of such along with a time estimate as to when such
eligibility requirement(s) will be fulfilled and shall do so by the
30th day from the date that the department sent a written request
for required information to cure the application's deficiencies.
(C) Criminal Background Investigation. If the department
is conducting a criminal background investigation of the applicant
during its application review and sends the applicant a request for
information needed for its criminal background investigation, the
applicant shall provide such requested information by the 30th day
from the date that the department sent a written request for the required
information.
(2) Second Attempt to Cure Incomplete Information.
(A) Application Deficiency Information. If the applicant
timely provides any written information that attempts to respond to
a notice of application deficiencies, but which still does not cure
said deficiencies, the department will send a second written notice
specifying what information is required to cure the deficiencies.
The department will send this second written notice by the 30th day
from the day it receives the information that attempts to satisfy
its earlier request. The applicant shall provide the requested information
to the department by the 30th day from the date the department sent
its second written request for required information to cure the application's
deficiencies.
(B) Criminal Background Information - If the applicant
timely provides any written information or documentation that does
not completely fulfill an earlier request for information needed for
a criminal background investigation, the department will send a second
written notice specifying what information is needed for its investigation.
The department will send this second written notice by the 30th day
from the day it receives the information that attempts to satisfy
its earlier request. The applicant shall provide the requested information
to the department by the 30th day from the date the department sent
its second written request for information needed for its investigation.
(3) Complete Information. If the applicant timely provides
information that cures application deficiencies and fully completes
the application for filing or satisfactorily provides the requested
information needed for a criminal background investigation to determine
applicant's continuing eligibility, the department, by the 60th day
from the date that the department receives such information, will
either issue the certification, license or approval or send a written
notice proposing to deny granting the certification, license or approval.
(4) Failure to Cure Initial Application Deficiencies
or Provide Complete Information.
(A) If the department does not timely receive from
the initial applicant any information in response to the department's
first or second written notice of initial application deficiencies
and request for curing information, the initial application is deemed
to be withdrawn and/or void on the 30th day from the date the department
sent its request, and the initial application fee is forfeited.
(B) If the department does not timely receive from
the initial applicant the requested information needed for its criminal
background investigation to determine the initial applicant's continued
eligibility, the department may propose to deny granting the initial
certification, license or approval.
(5) Failure to Cure Initial Application Deficiencies
Related to Eligibility Requirements.
(A) If an initial application for EMS Personnel Certifications,
Paramedic Licenses, EMS Personnel Certification or Paramedic License
via Reciprocity, EMS Personnel Certification or Paramedic License
via Upgrade, EMS Course Coordinator certification, EMS Instructor
Certification, EMS Information Operator Certification, EMS Information
Operator Instructor Certification, is deficient because the applicant
has not yet fulfilled certain eligibility requirements, outlined in
this chapter, and the applicant has timely notified the department
of such, the department may withhold making Cont'd... |
