| (a) A First Responder Organization (FRO) is a group
or association of certified emergency medical services personnel that
works in cooperation with a licensed emergency medical services provider
to:
(1) routinely respond to medical emergency situations;
(2) utilize personnel who are emergency medical services
(EMS) certified by the Texas Department of State Health Services (department);
and
(3) provide on-scene patient care to the ill and injured
and does not transport patients.
(b) Individuals or organizations meeting the description
in subsection (a) of this section must comply with the requirements
outlined in this section including submission of an application for
a license.
(c) Application requirements for an FRO affiliated
with a licensed EMS Provider.
(1) A Basic Life Support (BLS) or Advanced Life Support
(ALS) First Responder Organization affiliated with a Texas licensed
EMS Provider must apply for an FRO license by submitting a completed
application to the department. A complete application consists of
the following:
(A) provider license application form;
(B) personnel list including social security number
or EMS personnel identification (ID) number and certification/licensure
level;
(C) description and map of the service area;
(D) staffing plan including days of the week and hours
of the day the FRO will be available for response;
(E) written affiliation agreement with the primary
licensed EMS provider in the service area. The primary licensed EMS
provider must provide a letter attesting that the following items
have been reviewed and approved by the director and medical director
of the EMS provider:
(i) level(s) of certification/licensure of FRO personnel
providing care;
(ii) response, dispatch and treatment protocols including
an equipment and supply list approved by the medical director of the
licensed EMS provider to treat adult, pediatric and neonatal patients;
(iii) description of how the FRO receives notification
of calls;
(iv) patient care reporting procedures;
(v) process for the assessment of care provided by
the FRO personnel;
(vi) response code policies for FRO personnel;
(vii) on-scene chain-of-command policies;
(viii) policies regarding FRO personnel canceling en
route EMS units;
(ix) policies regarding FRO personnel accompanying
patients in EMS providers vehicles including when FRO personnel hold
the highest certification or licensure on the scene; and
(x) patient confidentiality.
(F) It is not necessary to submit the individual items
in subparagraph (E)(i) - (x) of this paragraph with the application,
if each is referenced in the affiliation agreement. All items listed
in this paragraph must be immediately available for review by department
personnel upon request during unannounced site visits or complaint
investigations.
(2) Any FRO which is, or has a contract with, an entity
such as a business, corporation or department and whose first responder
employees or members are compensated by that entity for providing
first responder service shall pay a nonrefundable $60 application
fee. If the license is issued for less than 12 months, the nonrefundable
fee shall be $30. The FRO personnel described in this paragraph are
not exempt from the payment of certification or license application
fees.
(3) Applicants that meet all the requirements shall
be issued an FRO license. The license may be valid for up to 2 years,
but may be issued for less than 2 years for administrative purposes.
(4) Although not required, the FRO license application
may be submitted with the license application of the affiliated EMS
provider. The FRO is responsible for submitting fees, if applicable.
(5) An affiliation agreement between a licensed EMS
provider and a licensed FRO does not automatically imply any legal
liability beyond the agreements listed in paragraph (1)(E) of this
subsection.
(6) A violation of statute or rule by an FRO will not
implicate the affiliated EMS provider unless both organizations are
involved in the violation. Likewise, a violation of statute or rule
by an affiliated EMS provider does not implicate the FRO unless both
organizations are involved in the violation.
(d) Application requirements for an FRO not affiliated
with a licensed EMS provider.
(1) A BLS first responder organization not affiliated
with a licensed EMS provider may apply for an FRO License by submitting
a completed application to the department. A complete application
consists of the following:
(A) application form;
(B) personnel list including social security number
or personnel ID number and certification/licensure level;
(C) description and map of the service area;
(D) staffing plan including days of the week and hours
of the day the FRO will be available for response;
(E) response, dispatch and treatment protocols including
an equipment and supply list approved by the FRO medical director;
(F) letter of recognition from the primary licensed
911 EMS Provider or from the highest elected city/county official
in the service area and a written explanation why the EMS provider
will not enter into an agreement with the FRO;
(G) description of how the FRO receives notification
of calls; and
(H) process for the assessment of care provided by
the FRO personnel.
(I) The application for a FRO license will be considered
incomplete if any items listed in subparagraphs (A) - (H) of this
paragraph are not enclosed with the application.
(J) All items listed in subparagraphs (A) - (H) of
this paragraph must be immediately available for review by department
personnel if requested during unannounced site visits or complaint
investigations.
(2) An ALS first responder organization not affiliated
with a licensed EMS provider may apply for an FRO License by submitting
a completed application to the department. A complete application
consists of the following:
(A) application form;
(B) personnel list including social security number
or personnel ID number and certification/licensure level;
(C) description and map of the service area; and
(D) staffing plan including days of the week and hours
of the day the FRO will be available for response.
(E) The FRO shall have an agreement with all licensed
EMS providers and their medical directors who routinely transport
patients treated by the FRO's personnel. Each agreement shall be approved
by the person responsible for the FRO, director and medical director
of each licensed EMS provider. At a minimum, the agreements shall
address:
(i) the level(s) of certification/licensure of FRO
personnel providing care;
(ii) the response, dispatch and treatment protocols
including an equipment and supply list approved by the FRO medical
director and a letter of approval from the medical director(s) of
the licensed transporting providers with whom the FRO has agreements;
(iii) a description of how the FRO receives notification
of calls;
(iv) patient care reporting procedures;
(v) a process for the assessment of care provided by
FRO personnel;
(vi) response code policies for FRO personnel;
(vii) on-scene chain-of-command policies;
(viii) policies regarding FRO personnel canceling en
route EMS units;
(ix) policies regarding FRO personnel accompanying
patients in provider's vehicles including when FRO personnel hold
the highest certification or licensure on the scene; and
(x) patient confidentiality.
(F) The application for a FRO license is incomplete
if any items listed in this paragraph are not enclosed with the application.
(G) All items listed in this paragraph must be immediately
available for review by department personnel if requested during unannounced
site visits or complaint investigations.
(3) Any FRO which is, or has a contract with, an entity
such as a business, corporation or department and whose first responder
employees or members are compensated by that entity for providing
first responder services shall pay a nonrefundable $60 application
fee. If the license is issued for less than 12 months, the nonrefundable
fee shall be $30. The FRO personnel described in this paragraph are
not exempt from the payment of certification and license application
fees.
Cont'd... |
