The Texas Department of Health (department) proposes amendments to §157.33 and §157.38 and new §157.34 concerning minimum standards and requirements for recertification of emergency medical services (EMS) personnel. Specifically, these amendments and new section cover new options for the recertification process. An amendment to §157.33 removes the recertification requirements out of the section and places the requirements in the new §157.34, which describes five different options for an EMS certificant to recertify. An amendment to §157.38 reflects the new requirements contained in the continuing education (CE) option of the proposed new rule. In accordance with Health and Safety Code, Chapter 773, 76th Legislature, 1999, the department is required to adopt rules concerning minimum requirements for recertification of EMS personnel.

Kathryn C. Perkins, Bureau Chief, has determined that for the first five years the proposed sections are in effect there will be no fiscal impact on local governments. The cost to the state government to implement §157.34 of this title (relating to Recertification) will be approximately $5,000 in the first year of implementation and $1,000 each year afterward. There will be no fiscal impact on the state government to implement the amendments to §157.33 (relating to Certification) and §157.38 (relating to Continuing Education) of this title.

Kathryn C. Perkins has also determined that for the first five years the sections are in effect, the public benefit anticipated as a result of enforcing the sections will be increased standards for the recertification of EMS personnel. The benefit anticipated for the EMS community is that the options offered for recertification will confront the obstacles of location and availability of resources, without compromising standards set to ensure the safety of the public. There will be no new fees assessed; therefore, it was determined that there will be no adverse economic effect on small businesses or micro-businesses or persons who are required to comply with these sections. There will be no adverse impact on local employment.

Comments on the proposal may be submitted to Kathryn Perkins, Bureau Chief of Emergency Management, Texas Department of Health, 1100 West 49th Street, Austin, Texas, 78756-3182, (512) 834-6700. Comments will be accepted for 30 days following the date of publication of this proposal in the Texas Register.

The amendments and new section are proposed under the Health and Safety Code, Chapter 773, which provides the department with the authority to adopt rules concerning the standards and requirements for recertification of emergency medical services (EMS) personnel; and §12.001 which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health.

The amendments and new section affect Health and Safety Code, Chapter 773.