Texas Register

TITLE 25 HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 157EMERGENCY MEDICAL CARE
SUBCHAPTER CEMERGENCY MEDICAL SERVICES TRAINING AND COURSE APPROVAL
RULE §157.32Emergency Medical Services Education Program and Course Approval
ISSUE 02/03/2017
ACTION Final/Adopted
Preamble Texas Admin Code Rule

      (xvi)a description of any and all requirements for a student to complete a course.

(j)Provisional approval. If following the department’s review of the self-study, the applicant is found to be in substantial compliance with established national EMS education standards, the department shall issue a provisional approval.

(k)Lack of substantial compliance. If following the department’s review of the self-study, the applicant is not found in substantial compliance with EMS education standards, the program director and sponsor shall receive a written report detailing:

  (1)any deficiencies; and

  (2)specific recommendations for improvement that will be necessary before provisional approval may be granted.

(l)On-site review. After the completion of a provisionally-approved program’s first course, an on-site review shall be conducted. The on-site review process is the department inspector’s review of a proposed and/or existing program’s records plan, self-study, equipment, facilities and clinical and field internship facilities, and student-to-patient contact ratios.

  (1)If the program is found to be in substantial compliance with established EMS education standards and all fees and expenses associated with the self-study and on-site review have been paid, the department shall approve the program for a period of four years and issue an approval number. The program director and sponsor shall receive a written report of the site-review team’s findings, including areas of exceptional strength, areas of weakness and recommendations for improvement.

  (2)If the program is not in substantial compliance with established EMS education standards, the program director and sponsor shall receive a written report detailing deficiencies and specific requirements for improvement. Depending on the nature and severity of the identified deficiencies within the program, the program may or may not be allowed to continue training activities. In all cases, the department in consultation with program officials shall devise a remedial plan for the deficiencies.

  (3)Upon completion of a remedial plan a program shall be approved for a period of four years.

(m)Exception to sponsorship requirements for advanced programs.

  (1)If an urgent need for an advanced program or an EMS operator instructor program exists in an area and cannot be met by an entity that meets the sponsorship requirements defined in subsection (d) of this section, a licensed EMS provider may request the department to grant an exception to allow the EMS provider to sponsor an advanced program.

  (2)Such request must be submitted in writing and must include the following:

    (A)documentation of the need for an advanced program and of the urgency of the situation;

    (B)documentation that the EMS provider has successfully operated a basic program;

    (C)documentation of attempts by the EMS provider to affiliate with an entity that meets the requirements of subsection (h)(2) of this section;

    (D)a letter from the EMS provider agreeing to assume all responsibilities of advanced program sponsorship;

    (E)letters of intent from qualified providers of clinical and field internship experience appropriate to the level of training to be offered; and

    (F)a letter of intent from a medical director who will agree to perform the responsibilities listed in subsection (h)(6) of this section.

  (3)In determining whether the request for an exception is to be approved or denied, the department shall consider, but not be limited to, the following issues:

    (A)the quality of the basic program previously operated by the EMS provider;

    (B)evidence that the EMS provider possesses the resources and dedication necessary to operate an advanced program that complies with the EMS education standards;

    (C)the efforts of the EMS provider to affiliate with an entity that meets the requirements of subsection (h)(2) of this section;

    (D)the availability of an approved advanced program within a reasonable distance of the affected area;

    (E)the availability of an approved advanced program that will provide training to the affected area by outreach or distance learning technology;

    (F)the probable impact on existing approved advanced programs if the exception is approved;

    (G)the probable adverse consequences to the public health or safety if the exception is not approved; and

    (H)the written support by the program medical director.

  (4)After evaluation by the department, the EMS provider shall be notified in writing of the approval or denial of the request.

  (5)An exception to the requirements of subsection (h)(2) of this section shall meet all other requirements of subsection (h) of this section, including completion of the self-study and the on-site review process, and shall demonstrate substantial compliance with the EMS education standards before being granted approval by the department.

(n)National accreditation for paramedic education/training programs.

  (1)In addition to the requirements listed in subsection (h) of this section, all EMS education/training programs currently conducting paramedic education and training must meet the following requirements to receive approval as a paramedic education and training program:

    (A)provide proof of accreditation by the CAAHEP/CoAEMSP, or a national accrediting organization recognized by the department; or

    (B)provide documentation from CAAHEP/CoAEMSP or a national accrediting organization recognized by the department stating the education program has submitted the appropriate documentation that indicates it being in pursuit of accreditation as defined by the CAAHEP/CoAEMSP or a national accrediting organization recognized by the department. The education/training program that is deemed as pursuing accreditation may be temporarily approved by the department. In order to receive program approval, the education/training program must be accredited and provide proof of their accreditation by the national accrediting organization to the department.

  (2)If the education/training program is not accredited or has their accreditation revoked by the national accrediting organization the program will not be allowed to conduct a paramedic education or training course until the program becomes accredited or the program is recognized by the national accrediting organization as being in pursuit of accreditation.

  (3)Initial or current education programs that are not accredited and would like to offer paramedic education and training on or after January 1, 2013 must:

    (A)be approved by the department as an EMS basic education program, according to subsection (g) of this section;

    (B)submit the appropriate application and fees to the department;

    (C)meet the accreditation standards set by CAAHEP/CoAEMSP or another department approved national accrediting organization in order for the department to issue the applicant a temporary approval to conduct paramedic education or training courses; and

    (D)provide proof of accreditation by CAAHEP/CoAEMSP or another national accrediting organization recognized by the department. If the training program does not become accredited the program will not be allowed to conduct another paramedic education or training course until the program becomes accredited or the department receives notification from the accrediting organization that the program is recognized as being in pursuit of accreditation as defined by the accrediting organization.

  (4)If a program has been accredited by CAAHEP/CoAEMSP or a national accrediting organization recognized by the department, the department may exempt the program from the program approval or re-approval process.

  (5)Programs accredited by CAAHEP/CoAEMSP or another national accrediting organization recognized by the department shall provide the department with copies of:

    (A)the accreditation self study;

    (B)the accreditation letter or certificate; and

    (C)any correspondence or updates to or from the national accrediting organization that impact the program’s status.

  (6)On request of the department, programs shall permit the department’s representatives to participate in site visits performed by national accrediting organizations.

  (7)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.

  (8)If a program’s national accreditation lapses or is withdrawn, the program shall meet all requirements of this subsection or subsection (g) or (h) of this section within a reasonable period of time as determined by the department.

(o)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 subsection (g), (h) or (m) of this section;

  (2)failure, or previous failure, to meet program responsibilities as defined in subsection (p) of the this section;

  (3)conduct, or previous conduct, that is grounds for suspension or revocation of program approval as defined in subsection (u) 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; or

  (11)failure of a paramedic program to become accredited or maintain their accreditation by CAAHEP/CoAEMSP or another national accrediting organization recognized by the department.

(p)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;

  (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 based on the National EMS Education Standards, and course medical director;

  (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)obtain written acknowledgement from the field internship EMS provider medical director, if students will be conducting advanced-level skills as part of their field internship with that EMS provider;

  (15)maintain all course records for a minimum of 5 years;

  (16)along with the course coordinator develop and use valid and reliable written examinations, skills proficiency verifications, and other student evaluations;

  (17)along with the course coordinator and medical director, supervise and evaluate the effectiveness of personnel who instruct in the program’s courses;

  (18)along with the course coordinator and medical director, supervise and evaluate the effectiveness of the clinical and EMS field internship training;

  (19)along with the course coordinator, attest to the successful course completion of all students who meet the programs requirements for completion;

  (20)provide the department with information and reports necessary for planning, administrative, regulatory, or investigative purposes;

  (21)provide the department with any information that will affect 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;

  (22)provide proof of accreditation by CAAHEP/CoAEMSP or another national accrediting organization recognized by the department;

  (23)submit a roster of all enrolled students when requested by the department;

  (24)submit a final student roster when requested by the department; and

  (25)online and or distance learning classes, programs and courses must meet the same standards as outlined in this section.

(q)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 subsection (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), (h) or (m) 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;

    (C)host an on-site review if one is deemed necessary by the department or requested by the program; and

    (D)a paramedic program must provide documentation of current accreditation from CoAEMSP or another national accrediting organization recognized by the department.

(r)Fees.

  (1)The following nonrefundable fees shall apply:

    (A)$30 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)$90 for conducting a basic site visit;

    (C)$60 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)$250 for conducting an advanced site visit;

    (E)$30 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)$60 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.

(s)Course Notification and Approval.

Cont'd...

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