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 08/10/2012
ACTION Final/Adopted
Preamble Texas Admin Code Rule

  (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 as outlined in the manual before being granted approval by the department.

(m)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)on or before December 31, 2012, become accredited and 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 on or before December 31, 2012. 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 does not become 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;

    (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 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 subsection (g), (h) or (m) 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; 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.

(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;

  (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; and

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

(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 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.

(q)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.

(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)$30 for a Basic Course (ECA or EMT);

    (B)$60 for an Advanced Course (EMT-Intermediate or Paramedic);

    (C)$30 for an EMS Instructor Course; and

    (D)$60 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;

Cont'd...

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