| (a) Emergency Suspension. The Texas Department of State
Health Services (department), may issue an emergency suspension order
to any licensed emergency medical services (EMS) provider if the department
has reasonable cause to believe that the conduct of any licensed provider
creates an imminent danger to public health or safety.
(1) An emergency suspension issued by the department
is effective immediately without a hearing or notice to the license
holder. Notice to the license holder shall be presumed established
on the date that a copy of the signed emergency suspension order is
sent to the individual listed as the administrator of record at the
address shown in the current records of the department.
(2) A copy of the emergency suspension order shall
be sent to the provider's listed medical director, to the EMS provider,
and to all government entities, institutions or facilities with which
the license holder is known to be associated to the addresses shown
in the current records of the department.
(3) If a written request for a hearing is received
from the suspended license holder, the department shall conduct a
hearing not earlier than the 10th day nor 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if the emergency suspension is to be continued, modified or rescinded.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) Administrative penalty. An administrative penalty
may be assessed when an EMS provider is in violation of the Health
and Safety Code, Chapter 773, 25 Texas Administrative Code, Chapter
157, or the reasons outlined in subsections (c) and (d) of this section.
(c) Accountability. An EMS provider retains ultimate
responsibility for the operation of the service. A licensed EMS provider
may not claim a defense when one or more staff members, acting with
or without the consent and knowledge of the license holder, commit(s)
multiple violations in this section, or perform(s) contrary to EMS
standards while on EMS business for the provider. The department shall
consider the EMS provider's current policies and procedures when staff
violate rules or EMS standards.
(d) Nonemergency suspension or revocation. An EMS provider
license may be suspended or revoked for, but not limited to, the following
reasons:
(1) failing to comply with any requirement of provider
licensure as defined in §157.11 of this title (relating to Requirements
for an EMS Provider License);
(2) operating the service while the license is under
suspension;
(3) falsifying or altering a license issued by the
department;
(4) failing to correct deficiencies as instructed by
the department;
(5) obtaining or attempting to obtain or assisting
another to obtain a provider license or personnel certification by
fraud, forgery, deception, or misrepresentation;
(6) providing false or misleading advertising and/or
making false or misleading claims to clients or the public about the
service;
(7) failing to operate a subscription service/membership
program according to provisions in §157.11 of this title;
(8) failing to maintain patient confidentiality according
to standards and department regulations;
(9) discriminating in the provision of services based
on national origin, race, color, creed, religion, gender, sexual orientation,
age, physical or mental disability;
(10) falsifying a patient care record or any other
document or record resulting from or pertaining to EMS Provider responsibilities;
(11) obtaining any fee or benefit by fraud, coercion,
theft, deception, or misrepresentation;
(12) failing to give the department true and complete
information when asked, regarding any alleged or actual violation
of the Health and Safety Code, Chapter 773;
(13) failing to pay an administrative penalty in full
within established time frames;
(14) failing to staff each vehicle deemed to be in
service or response ready with appropriately and currently certified
personnel;
(15) operating, directing, or allowing staff to operate
vehicle warning devices unnecessarily or inappropriately;
(16) operating, directing, or allowing any person to
operate any vehicle on EMS business while under the influence of any
substance that inhibits the mental or physical capacities of that
person;
(17) having been found to have operated, directed,
or allowed staff to operate any vehicle while on EMS business in a
reckless or unsafe manner and/or in a manner that is dangerous to
the health or safety of any person;
(18) operating, directing, or allowing staff to operate
any vehicle that is not mechanically safe, clean and in good operating
condition; and/or
(19) having been found in violation of any local, state,
or national code or regulation pertaining to EMS operations or business
practices; and/or violating any rule or standard that could jeopardize
the health or safety of any person.
(e) Denial of a license. A license may be denied for,
but not limited to, the following reasons:
(1) failing to meet the licensing requirements outlined
in §157.11 of this title;
(2) one of the owners having a history of a misdemeanor
or felony which the department has determined may put the safety of
any person; at risk;
(3) previous conduct while holding an EMS provider
license which could put any person at risk;
(4) the EMS provider has received disciplinary action
in another state or by a federal agency;
(5) falsifying or misrepresenting any fact or requirement
on or for an application or related document for a provider license
or EMS personnel license/certificate; and/or
(6) issuing a check for application for a provider
license which is returned to the department unpaid.
(f) Notification. If the department proposes to deny,
suspend, revoke, or probate a license, the EMS provider license holder
and the administrator of record shall be notified at the address shown
in the current records of the department. The notice shall state the
alleged facts or conduct to warrant the proposed action and state
that the license holder may request a hearing.
(g) Hearing Request.
(1) A request for a hearing shall be in writing and
submitted to the department and postmarked no later than 30 days after
the date of the notice. The hearing shall be conducted pursuant to
the Administrative Procedure Act, Government Code, Chapter 2001.
(2) If the candidate, applicant or licensee does not
request a hearing in writing within 30 days after proper notice, the
individual is deemed to have waived the opportunity for a hearing
as outlined in the notice.
(h) Probation. The department may probate any penalty
assessed under this section and may specify terms and conditions of
any probation issued.
(i) Re-application.
(1) Two years after denial or revocation of a license,
or the voluntary surrender of a license while disciplinary action
is pending, an individual may petition the department in writing for
re-application for licensure. Expiration of a certificate or license
during the suspension period shall not affect the two-year waiting
period required before a petition can be submitted.
(2) The petitioner bears the burden of proving fitness
for licensure.
(3) The department may allow an application for licensure
if there is proof that the health, safety, and confidence of the public
will be protected.
(4) The department may deny any petitioner if, in the
judgement of the department, the reason for the original action continues
to exist or if the petitioner has failed to offer sufficient proof
that there is no longer a threat to public health, safety, and/or
confidence.
(5) If the application is allowed, the petitioner shall
be required to meet the requirements as described in §157.11
of this title and in addition shall meet the terms of probation in
subsection (h) of this section.
(j) Expiration of a license during suspension. A provider
whose license expires during a suspension period shall not reapply
for licensure until the end of the suspension period.
(k) Surrender of a license. Surrender of a license
shall not deprive the department of jurisdiction in regard to disciplinary
action against the license holder. A provider who wishes to surrender
his or her license prior to the expiration of the license may do so
by:
(1) completing a Surrender of License statement; and
(2) in the event that a disciplinary action is pending
or reasonably imminent, the licensee shall acknowledge that the surrender
constitutes a plea of "no contest" to the allegations upon which the
disciplinary action is predicated, acknowledging that the surrender
is a "no contest" plea in the event that a disciplinary action is
pending or reasonably imminent.
(l) Notification of disposition. An order of final
disposition of any disciplinary action shall be sent to the license
holder at the address shown in the current records of the department.
A copy of the order shall also be sent to the provider's medical director
and to any government entity, institution or facility with which the
license holder is known to be associated at the address shown in the
current records of the department.
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