Texas Register

TITLE 25 HEALTH SERVICES
PART 1TEXAS DEPARTMENT OF HEALTH
CHAPTER 157EMERGENCY MEDICAL CARE
SUBCHAPTER CEMERGENCY MEDICAL SERVICES TRAINING AND COURSE APPROVAL
RULE §157.33Certification
ISSUE 06/01/2001
ACTION Proposed
Preamble Texas Admin Code Rule

(a)-(d)(No change.)

(e)Retesting.

  (1)(No change.)

  (2)A candidate who does not pass a retest may request a second retest after:

    (A)submitting documentation that verifies completion of a department-approved formal refresher course;

    (B)-(C)(No change.)

  (3)(No change.)

(f)-(i)(No change.)

[(j)Recertification.]

  [(1)A certificant shall meet the following requirements for recertification. The certificant shall:]

    [(A)complete the continuing education (CE) requirements for recertification as required in this title (relating to Continuing Education) prior to the expiration of the certificate and prior to meeting the requirement in subparagraph (D) of this paragraph;]

    [(B)submit to the department an application for recertification and the nonrefundable fee as set out in subsection (a)(4) of this section; and]

    [(C)complete the department's CE evaluation which shall be an attempt to measure the individual's knowledge necessary for the adequate provision of emergency care for current level of certification. The department has final authority for scheduling all written CE evaluation sessions.]

  [(2)After verification by the department of the information submitted by the certificant, a certificant who meets requirements of this subsection will be recertified for four years commencing on the day following the expiration date of the most recent certificate. A new certificate and wallet-sized certificate signed by department officials shall be issued.]

  [(3)The results of the CE evaluation along with information relevant to interpretation of the scores will be issued to the recertifying candidate, associated medical directors, providers, first responder organizations, and/or employers.]

  [(4)One re-evaluation may be taken. A fee of $25 shall accompany the request for a re-evaluation. The re-evaluation results will be issued as in paragraph (3) of this subsection.]

  [(5)In conjunction with the certificant's two-year interim CE reporting cycle, the certificant may elect to complete the CE evaluation or the certificant's medical directors, providers, first responder organizations and/or employers may mandate that the certificant complete the CE evaluation and, if applicable, one re-evaluation. The first CE evaluation shall be completed within 180 days after the deadline date of the interim two-year reporting cycle. The re-evaluation may be completed after the 180-day period. The CE evaluation results will be issued as described in paragraph (3) of this subsection.]

  [(6)To take a two-year interim CE evaluation, the certificant shall submit an application, and a nonrefundable fee as set out in subsection (a)(4) of this section. A fee of $25 shall accompany the request for a re-evaluation.]

[(k)Reentry or late recertification.]

  [(1)Reentry is the process for regaining EMS certification:]

    [(A)after the certificate has been surrendered;]

    [(B)during a period of inactive status;]

    [(C)when an application for renewal is postmarked after the expiration of the most recent certificate; or]

    [(D)when all requirements for recertification are not met prior to the end of the latest certification period.]

  [(2)Late recertification.]

    [(A)The candidate shall be considered as non-certified and may not function in the capacity of an EMS certificant or represent that he is EMS certified until recertification is issued.]

    [(B)A candidate whose certificate has been expired for 90 days or less may renew the certificate by submitting an application and paying to the department a nonrefundable renewal fee that is equal to 1 1/2 times the normally required application renewal fee for that level as listed in subsection (a)(4) of this section.]

    [(C)A candidate whose certificate has been expired for more than 90 days but less than one year may renew the certificate by submitting an application and paying to the department a nonrefundable renewal fee that is equal to two times the normally required application renewal fee as listed in subsection (a)(4) of this section. A candidate shall submit documentation that verifies completion of a formal refresher course.]

    [(D)A candidate shall pass the department's written exam.]

    [(E)A candidate whose certificate has been expired for one year or more may not renew the certificate. The candidate may become certified by complying with the requirements of subsection (a) of this section including the successful completion of another initial course.]

(j)[(F)] A candidate who was certified in this state, moved to another state, and is currently certified or licensed and has been in practice in the other state for the two years preceding the date of application may become certified without reexamination. The candidate must pay to the department a nonrefundable fee that is equal to two times the normally required renewal fee for certification as listed in subsection (a)(4) of this section.

(k)[(l)] Inactive status. A certified EMT, EMT-I, or EMT-P may make application to the department for inactive status at any time during or after the certification period so long as the certification can be verified by department.

  (1)The request for inactive status shall be accompanied by a nonrefundable fee of $25 in addition to the regular nonrefundable application fee.

  (2)The initial inactive status period shall remain in effect until the end of the current certification period for those candidates who are currently certified and may be renewable every four years thereafter by submitting an application and the appropriate nonrefundable fee as in subsection (a)(4) of this section.

  (3)The initial inactive status period shall remain in effect for four years from the date of issuance for those candidates not currently certified.

  (4)While on inactive status, a person shall not practice other than to act as a bystander rendering first aid or cardiopulmonary resuscitation (CPR) or the use of an Automated External Defibrillator in the capacity of a lay person. Practicing in any other capacity for compensation or as a volunteer shall be cause for denial of reentry and decertification.

(l)[(m)] Reciprocity. A person currently certified by the National Registry or in another state may be certified by submitting an application and a nonrefundable fee of $100.

  (1)After evaluation of the application and verification of the certification by the department, the candidate will be certified for one year.

  (2)Prior to the expiration of the one-year certification, the certificant shall:

    (A)submit a completed personnel certification application and a nonrefundable fee as in subsection (a)(4) of this section;

     [(B)complete 25 percent of the CE requirement for the appropriate level as indicated in this title or complete a refresher course at the appropriate level; and]

    (B)[(C)] pass the department's written examination.

   [(3)A candidate who fails the written examination may retest one time after:]

    [(A)submitting an application to retest; and]

    [(B)paying a nonrefundable fee of $25.]

   [(4)The retest shall be completed no later than the end of the one-year certification period.]

  (3)[(5)] After verification by the department of the information submitted, a candidate who meets the requirements of this section shall be certified for four years beginning on the date of issuance of the certificate.

   [(6)A candidate who does not complete the requirements for certification before the expiration date of the one-year certificate or who fails a retest shall meet the requirements of subsection (a) of this section including the successful completion of another initial course as applicable to achieve certification.]

(m)[(n)] Equivalency.

  (1)A candidate for certification who completed EMS training outside the United States or its possessions, or a candidate who is certified or licensed in another healthcare discipline shall:

    (A)be at least 18 years of age;

    (B)submit a copy of the curriculum completed by the candidate for review by a regionally accredited post secondary institution approved by the department to sponsor an EMS education program;

    (C)document correction of any deficiencies identified during review of the curriculum by submitting evidence of remedial training from a department approved EMS education program;

    (D)submit an application and appropriate nonrefundable fee listed in subsection (a) of this section to the department; and

    (E)pass the department's initial written examination.

  (2)Evaluations of curricula conducted by post secondary educational institutions under this subsection shall be consistent with the institution's established policies and procedures for awarding credit by transfer or advanced placement.

(n)[(o)] Military personnel. A person certified by the department who is deployed in support of military, security, or other action by the United Nations Security Council, a national emergency declared by the president of the United States, or a declaration of war by the United States Congress is eligible for recertification under timely recertification requirements, from the person's date of demobilization until one calendar year after the date of demobilization but will not be certified during that period.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 21, 2001

TRD-200102833

Susan K. Steeg

General Counsel

Texas Department of Health

Earliest possible date of adoption: July 1, 2001

For further information, please call: (512) 458-7236



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