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(C)any correspondence or updates to or from the accrediting organization that impact the program's status. (3)On request of the department, programs shall permit the department's representatives to participate in site visits performed by national accrediting organizations. (4)If the department takes disciplinary action against a nationally accredited program for violations that could indicate substantial noncompliance with a national accrediting organization's essentials or standards, the department shall advise the national accrediting organization of the action and the evidence on which the action was based. (5)If a program's national accreditation lapses or is withdrawn, the program shall meet all requirements of subsections (g) or (h) of this section within a reasonable period of time as determined by the department. (n)Denial of program approval. A program may be denied approval, provisional approval, or re-approval for, but not limited to, the following reasons: (1)failure to meet the requirements established in subsections (g) or (h) of this section; (2)failure, or previous failure, to meet program responsibilities as defined in subsection (o) of the this section; (3)conduct, or previous conduct, that is grounds for suspension or revocation of program approval as defined in subsection (t) of this section; (4)falsifying any information, record, or document required for program approval, provisional approval, or re-approval; (5)misrepresenting any requirements for program approval, provisional approval, or re-approval; (6)failing or refusing to submit a self-study or a required report of progress toward remediation of a documented program weakness or areas of non-compliance within a reasonable period of time as determined by the department; (7)failing or refusing to accept an on-site program review by a reasonably scheduled date as determined by the department; (8)issuing a check to the department which is returned unpaid; (9)being charged with criminal activity while approved to provide EMS training; (10)having disciplinary action imposed by the department on the provider license, personnel certification or licensure, or program for violation of any provision of Health and Safety Code, Chapter 773 or 25 Texas Administrative Code, Chapter 157. (o)Responsibilities. A program shall be responsible to: (1)plan for and evaluate the overall operation of the program; (2)provide supervision and oversight of all courses for which the program is responsible; (3)act as liaison between students, the sponsoring organization and the department; (4)submit course notifications and approval applications, along with nonrefundable fees if applicable, to the department as described in the manual; (5)assure availability of classroom(s) and other facilities necessary to provide for instruction and convenience of the students enrolled in courses for which the program is responsible; (6)screen student applications, verify prerequisite certification if applicable and select students; (7)schedule classes and assign course coordinators and/or instructors; (8)verify the certification, license, or other proper credentials of all personnel who instruct in the program's courses; (9)maintain an adequate inventory of training equipment, supplies and audio-visual resources; (10)assure that training equipment and supplies are available and operational for each laboratory session; (11)secure and maintain affiliations with clinical, and field internship facilities necessary to meet the instructional objectives of all courses for which the program is responsible; (12)develop field internship and clinical objectives for all courses for which the program is responsible; (13)train and evaluate internship preceptors; (14)maintain all course records for a minimum of 5 years; (15)along with the course coordinator develop and use valid and reliable written examinations, skills proficiency verifications, and other student evaluations; (16)along with the course coordinator, supervise and evaluate the effectiveness of personnel who instruct in the program's courses; (17)along with the course coordinator, supervise and evaluate the effectiveness of the clinical and EMS field internship training; (18)along with the course coordinator, attest to the successful course completion of all students who meet the programs requirements for completion; (19)provide the department with information and reports necessary for planning, administrative, regulatory, or investigative purposes; and (20)provide the department with any information that will effect the program's interaction with the department; including but not limited to changes in: (A)program director; (B)course coordinators; (C)medical director; (D)classroom training facilities; (E)clinical or field internship facilities; and (F)program's physical and mailing address. (p)Program Re-approval. (1)Prior to the expiration of a program's approval period, the department shall send a notice of expiration to the program at the address shown in the current records of the department. (2)If a program has not received notice of expiration from the department 45 days prior to the expiration, it is the program's duty to notify the department and request an application for re-approval. Failure to apply for re-approval shall result in expiration of approval. (3)Programs that have obtained approval as of the effective date of this rule shall be considered to have met the requirements of subsections (g) or (h) of this section appropriate to their current level of approval. (4)To be eligible for re-approval, the program shall meet all the requirements in subsections (g) or (h) of this section as appropriate to the level of approval requested; and (A)prepare an update to the program's self-study that addresses significant changes in the program's personnel, structure, curriculum, resources, policies, or procedures; (B)document progress toward correction of any deficiencies identified by the program or the department through the self-study and on-site review process; and (C)host an on-site review if one is deemed necessary by the department or requested by the program. (q)Fees. (1)The following nonrefundable fees shall apply: (A)$25 for review of a basic self-study, except that this nonrefundable fee may be waived if the program receives no remuneration for providing training; (B)$75 for conducting a basic site visit; (C)$50 for review of an advanced self-study, except that this nonrefundable fee may be waived if the program receives no remuneration for providing training; (D)$200 for conducting an advanced site visit; (E)$25 for processing a basic course notification or approval application, except that this nonrefundable fee may be waived if the program receives no remuneration for providing training; and (F)$50 for processing an advanced course notification or approval application, except that this nonrefundable fee may be waived if the program receives no remuneration for providing training. (2)Program approvals shall be issued only after all required nonrefundable fees have been paid. (r)Course Notification and Approval. (1)Each course conducted by an approved program shall be approved by notice from the department and the issuance of an assigned course number. A program shall not start a course, advertise a course, or collect tuition and/or fees from prospective students until the course is approved by the department and the assigned course number issued. (2)The program director of an approved program shall submit notice of intent to conduct a course and the appropriate fee, if required, to the department on a form provided by the department at least 30 days prior to the proposed start date of the course. The notification shall include the following information: (A)training level of course; (B)dates and times classes are to be conducted; (C)physical location of the classroom; (D)identification of clinical sites and internship providers, if required; (E)name of principle instructor; (F)enrollment status; (G)anticipated number of students; (H)number of contact hours; (I)amount of tuition to be charged; (J)proposed ending date of the course; and (K)signature of the program director (3)A nonrefundable course fee, unless program is not remunerated for the course in any way, shall be submitted as follows: (A)$25 for a Basic Course (ECA or EMT); (B)$50 for an Advanced Course (EMT-Intermediate or Paramedic); (C)$25 for an EMS Instructor Course; and (D)$50 for an Emergency Medical Information Operator Instructor Course. (4)The department may require submission of a written course approval application, in accordance with the guidelines set forth in the manual, in lieu of the course notification from programs which: (A)have not successfully completed a site visit review; (B)have proposed courses which do not conform to the approved parameters of the current program standards; (C)have not conducted a course of the same level in the previous 12 months; or (D)the department has probable cause to suspect are in noncompliance with the provisions of this chapter. (s)Denial of a course notification or course approval. A course may be denied for, but not limited to the following: (1)submission of an incomplete application; (2)failure to meet all requirements outlined in the manual; (3)failure of the program to hold current approval to conduct the level of the course proposed; (4)failure to follow the guidelines for submission of the course notification or course approval application and supporting documents; (5)falsification or misrepresentation of any information required for course notification or course approval; and/or (6)issuing a check which is returned unpaid. (t)Disciplinary actions. (1)Emergency suspension. The bureau chief may issue an emergency order to suspend a program's approval if the bureau chief has reasonable cause to believe that the conduct of the program creates an immediate danger to the public health or safety. (A)An emergency suspension shall be effective immediately without a hearing or written notice to the program. Notice to the program shall be presumed established on the date that a copy of the emergency suspension order is sent to the address shown in the current records of the department. Notice shall also be sent to the program's sponsoring entity. (B)If a written request for a hearing is received from the program within 15 days of the date of suspension, the department shall conduct a hearing not earlier than the 10th day nor later than the 30th day after the date on which the 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. (2)Non-emergency suspension or revocation. A program's approval may be suspended or revoked for, but not limited to, the following reasons: (A)failing to comply with the responsibilities of a program as defined in subsection (o) of this section; (B)failing to maintain sponsorship as identified in the program application and self-study; (C)failing to maintain employment of at least one course coordinator whose current certifications are appropriate for the level of the program; (D)falsifying a program approval application, a self-study, a course notification or course approval application, or any supporting documentation; (E)falsifying a course completion certificate or any other document that verifies course activity and/or is a part of the course record; (F)assisting another to obtain or to attempt to obtain personnel certification or recertification by fraud, forgery, deception, or misrepresentation; (G)failing to complete and submit course notifications or course approval applications and student documents within established time frames; (H)offering or attempting to offer courses above the program's level of approval; (I)compromising or failing to maintain the integrity of a department-approved training course or program; (J)failing to maintain professionalism in a department-approved training course or program; (K)demonstrating a lack of supervision of course coordinators or personnel instructing in the program's courses; (L)compromising an examination or examination process administered or approved by the department; (M)accepting any benefit to which there is no entitlement or benefitting in any manner through fraud, deception, misrepresentation, theft, misappropriation, or coercion; (N)failing to maintain appropriate policies, procedures, and safeguards to ensure the safety of students, instructors, or other course participants; (O)allowing recurrent use of inadequate, inoperable, or malfunctioning equipment; (P)maintaining a passing rate on the examinations for certification or licensure that is statistically and significantly lower than the state average; (Q)failing to maintain the fiscal integrity of the program; (R)issuing a check to the department which is returned unpaid; (S)failing to maintain records for initial or continuing education courses; (T)demonstrating unwillingness or inability to comply with the Health and Safety Code and/or rules adopted thereunder; (U)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; (V)committing a violation within 24 months of being placed on probation; and/or (W)offering or attempting to offer courses during a period when the program's approval is suspended. (3)Notification. If the department proposes to suspend or revoke a program's approval, the program shall be notified at the address shown in the current records of the department. The notice shall state the alleged facts or conduct warranting the action and state that the program has an opportunity to request a hearing in accordance with Administrative Procedure Act, Government Code, Chapter 2001. (A)The program may request a hearing within 15 days after the date of the notice. This request shall be in writing and submitted to the chief. (B)If the program does not request a hearing within 15 days after the date of the notice of opportunity, the program waives the opportunity for a hearing and the department shall implement its proposal. (4)Probation. The department may probate any penalty assessed under this section and may specify terms and conditions of any probation issued. (5)Re-application. (A)Two years after the revocation or denial of approval, the program may petition the department in writing for the opportunity to reapply. (B)The department shall evaluate the petition and may allow or deny the opportunity to submit an application. (C)In evaluating a petition for permission to reapply, the department shall consider, but is not limited to, the following issues: (i)likelihood of a repeat of the violation that led to revocation; (ii)the petitioner's overall record as a program; (iii)letters of support or recommendation; (iv)letters of protest or non-support of the petition; and (v)the need for training in the area the program would serve. (D)The petitioner shall be notified within 60 days at the address shown in the current records of the department of the decision to allow or deny the submission of an application for re-approval. (6)A program whose approval expires during a suspension or revocation period may not petition to reapply until the end of the suspension or revocation period.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's
legal authority.
Filed with the Office of
the Secretary of State on January 18, 2001
TRD-200100340 Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: February 7, 2001
Proposal publication date: September 22, 2000
For further information, please call: (512) 458-7236
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