Texas Department of Health (department) adopts amendments to §157.33, §157.38 and new §157.34 concerning minimum standards and requirements for recertification of emergency medical services (EMS) personnel with changes to the proposed text as published in the June 1, 2001, issue of the Texas Register (26 TexReg 3907).

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 them 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 new rule.

The following comments were received concerning the proposed sections. Following each comment is the department's response and any resulting change(s).

Comment: Concerning §157.34(b)(4)(A), one commenter opposed the language requiring the recertification course be completed during last year of certification.

Response: The department agrees that the requirement is restrictive and unnecessary. That language has been deleted.

Comment: Concerning §157.34(b)(2), one commenter opposed the continuing education requirement stating that the requirement would be too difficult for certificants in rural areas to obtain.

Response: The department disagrees. The proposed rule provides four other options for recertification in addition to continuing education. No change was made as a result of this comment.

Comment: Concerning §157.34(b)(3), one commenter opposed providing applicants with the option of obtaining National Registration for recertification purposes.

Response: The department disagrees. National EMS Registry has been an acceptable equivalent to Texas certification since 1991 and has the National EMS Registry examination has been accepted in lieu of the state certification examination since 1996. No change was made as a result of this comment.

The department received no other public comments during the comment period for these proposed new rule and amendments. However, the department is making the following minor changes due to staff comments to clarify the intent and improve the accuracy of the section.

Change: Concerning §157.33(e)(3), language amended to clarify that "a refresher course and passing of the retest exam, must be completed within one year after the initial course was completed."

Change: Concerning proposed §157.33(j), language is redundant and has been deleted.

Change: Concerning proposed §157.33(k)(2), relettered as new (j)(2), language was amended for clarification.

Change: Concerning proposed §157.33(k), relettered as new (j), paragraph 5 was added for clarification.

Change: Concerning proposed §157.33(l)(2)(B), relettered as new §157.33(k)(2)(B), language was added for the option to take and pass the National Registry Examination.

Change: Concerning proposed §157.33(n), language is redundant and has been deleted.

Change: Concerning §157.34(a)(2), language has been amended for clarification.

Change: Concerning §157.34(d)(1), in order to regain active status, language was added to state all requirements must be completed within one year of the course completion date of the recertification course.

Change: Concerning §157.34(e), references to specific cites have been amended for clarification.

Change: Concerning §157.38(e)(8), the words "two-year" were deleted from the CE period.

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.

All commenters were not against the rules in their entirety, however they expressed concerns, asked questions, and suggested recommendations for change as discussed in the summary of comments.

The amendments and new section are adopted 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.