1. (a) Emergency Suspension. The Bureau Chief, Bureau of Emergency Management (bureau), may issue an emergency suspension order to any emergency medical services (EMS) certificant or licensee if the bureau chief has reasonable cause to believe that the conduct of any certificant or licensee creates an imminent danger to public health or safety.

   1. (1) An emergency suspension issued by the bureau chief shall be effective immediately without a hearing or notice to the certificant or licensee. Notice to the certificant or licensee shall be established on the date that a copy of the signed emergency suspension order is sent to the address shown in the current records of the department.
   2. (2) A copy of the emergency suspension order shall be sent to any licensed EMS provider, first responder organization, medical director, institution or facility with which the certificant or licensee is known to be associated, at the address shown in the current records of the department.
   3. (3) If a written request for a hearing is received from the suspended individual within 15 days of the date of suspension, the department shall conduct a hearing not later than the thirtieth day after the date on which a hearing request is received to determine if the emergency suspension is to be continued, modified or rescinded.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. (b) Nonemergency suspension, decertification and revocation of a certificant or paramedic licensee. The department may suspend or decertify an EMS certificant or suspend or revoke a licensed paramedic for, but not limited to, the following reasons:

   1. (1) violating any provision of the Health and Safety Code, Chapter 773, and/or Title 25 of the Texas Administrative Code (TAC), as well as Federal, State, or local laws, rules or regulations affecting, but not limited to, the practice of EMS;
   2. (2) any conduct which is criminal in nature and/or any conduct which is in violation of any criminal, civil and/or administrative code or statute;
   3. (3) failing to make accurate, complete and/or clearly written patient care reports documenting a patient's condition upon arrival at the scene, the prehospital care provided, and patient's status during transport, including signs, symptoms, and responses during duration of transport;
   4. (4) falsifying any EMS record; patient record or report; or making false or misleading statements in a oral report; or destroying a patient care report;
   5. (5) disclosing confidential information or knowledge concerning a patient except where required or allowed by law;
   6. (6) causing or permitting physical or emotional abuse or injury to a patient or the public, and/or failing to report such abuse or injury to the employer, appropriate legal authority and/or the department;
   7. (7) performing advanced level or invasive treatment without medical direction or supervision, or practicing beyond the scope of certification or licensure;
   8. (8) failing to respond to a call while on duty and/or leaving duty assignment without proper authority;
   9. (9) abandoning a patient, turning over the care of a patient or delegating EMS functions to a person who lacks the education, training, experience, knowledge to provide appropriate level of care for the patient;
   10. (10) failing to comply with the terms of a department ordered probation or suspension;
   11. (11) issuing a check to the department which has been returned to the department or its agent unpaid;
   12. (12) discriminating in any way based on real or perceived conditions of national origin, race, color, creed, religion, sex, sexual orientation, age, physical disability, mental disability, or economic status;
   13. (13) misrepresenting level of any certification or licensure;
   14. (14) misappropriating medications, supplies, equipment, personal items, or money belonging to the patient, employer or any other person or entity or failing to take reasonable precautions to prevent such misappropriations;
   15. (15) falsifying or altering, or assisting another in falsifying or altering, any department application, EMS certificate or license; or using or possessing any such altered certificate or license;
   16. (16) committing any offense during the period of a suspension/probation or repeating any offense for which a suspension/probation was imposed within the two-year period immediately following the end of the suspension or probation;
   17. (17) cheating and/or assisting another to cheat on any department examination or the examination of any provider licensed by the department or any institution or entity conducting EMS training;
   18. (18) obtaining or attempting to obtain and/or assisting another in obtaining or attempting to obtain, any advantage, benefit, favor or gain by fraud, forgery, deception, misrepresentation, untruth or subterfuge;
   19. (19) illegally possessing, dispensing, administering or distributing, or attempting to illegally dispense, administer, or distribute controlled substances as defined by the Health and Safety Code, Chapter 481 and/or Chapter 483;
   20. (20) having an EMS certificate or license or another health provider certificate or license suspended or revoked in another state, while holding a Texas EMS certificate or license;
   21. (21) failing or refusing to give the department full and complete information and cooperation, upon request;
   22. (22) failing to notify the department within 30 days of final sentencing of any criminal offense which resulted in final conviction as defined in §157.37(c) of this title (relating to Certification or Licensure of Persons With Criminal Backgrounds);
   23. (23) having been convicted of any misdemeanor or felony in accordance with the provisions of §157.37 of this title;
   24. (24) failing to complete any portion, including submission of fingerprints, of the criminal history evaluation process within 60 days of notification to do so, in accordance with provisions in §157.37 of this title;
   25. (25) failing to notify the department within 10 days of an arrest for any alcohol or drug related offense;
   26. (26) engaging in any conduct that jeopardizes or has the potential to jeopardize the health or safety of any person;
   27. (27) abusing alcohol or drugs to such an extent that, in the opinion of the bureau chief, the health or safety of any person is, or may be, endangered;
   28. (28) engaging in any activity that betrays the public trust and confidence in EMS; and
   29. (29) engaging in any conduct listed in §157.37(a)-(c) of this title whether or not resulting in a conviction.

3. (c) Criteria for denial of certification, or licensure. A certificate or license may be denied for, but not limited to, the following reasons:

   1. (1) failing to meet standards as required in this section;
   2. (2) previous conduct on the part of the applicant during the performance of duties relating to the responsibilities of EMS personnel that is contrary to accepted standards of conduct as described in this section;
   3. (3) conviction of a crime which directly relates to the profession of EMS personnel as described in §157.37 of this title;
   4. (4) disciplinary action relating to a certificate or license issued in another state;
   5. (5) falsifying any Texas application for certification or licensure or falsifying any application or documentation used to acquire registration, certification or licensure;
   6. (6) issuing a check for any reason to the department which has been returned to the department or its agent for any reason;
   7. (7) misrepresenting any requirements for certification, recertification, licensure, renewal;
   8. (8) making a plea of no contest in any criminal action which relates or could relate to the candidate's ability to carry out EMS duties;
   9. (9) receiving a deferred adjudication in a criminal action which relates or could relate to the candidate's ability to carry out EMS duties; and/or
   10. (10) staffing an EMS vehicle deemed to be in service while certification or license is expired, suspended or revoked.
4. (d) Notification. If the department proposes to deny, suspend, revoke, or probate a certificate or license, the holder of same shall be notified at the address as shown in the current records of the department. The notice must state the alleged facts or conduct to warrant the proposed action and state that the certificant or licensee may request a hearing.

5. (e) Hearing request.

   1. (1) A request for a hearing shall be in writing and submitted to the bureau chief and postmarked within 15 days after the date of the notice. The hearing shall be conducted pursuant to the Administrative Procedure Act, Government Code, Chapter 2001.
   2. (2) If the applicant, certificant or licensee does not request a hearing in writing within 15 days after notice, the individual is deemed to have waived the opportunity for a hearing and the department may take the proposed action.
6. (f) Probation. The department may probate any penalty assessed under this section and may specify terms and conditions of any probation issued. Any revocation of a license or decertification under this section shall require that any future EMS certificate or license issued by the department to the same individual begin with a probationary period of not less than one year.

7. (g) Reapplication.

   1. (1) Two years after denial, decertification or revocation of a license, or the voluntary surrender of a certificate or license while disciplinary action is pending, an individual may petition the department in writing for reapplication for certification or licensure. Expiration of a certificate or license during the suspension period shall not affect the two-year waiting period required before a petition can be submitted.
   2. (2) The petitioner bears the burden of proving fitness for certification or licensure.
   3. (3) The department may allow certification or licensure if there is proof that the health, safety, and confidence of the public will be protected.
   4. (4) The department may deny any petitioner if, in the judgement of the bureau chief, the reason for the original action continues to exist or if the petitioner has failed to offer sufficient proof that there is no longer a threat to public health, safety, and/or confidence.
   5. (5) If the reapplication is allowed, the petitioner shall be required to meet the requirements for licensure as described in §157.40 of this title (relating to Paramedic Licensure), or certification as described in §157.33 of this title (relating to Certification), §157.43 of this title (relating to Course Coordinator Certification), or §157.44 of this title (relating to Emergency Medical Service Instructor Certification) and in addition shall meet the terms of probation in subsection (f) of this section.

8. (h) Surrender of a certificate or license. Surrender of a certificate or license shall not deprive the department of jurisdiction in regard to disciplinary action against the certificant or licensee. An individual who wishes to surrender his or her certification or license prior to the expiration of the certificate or license may do so by:

   1. (1) completing a Surrender of Certificate or License statement; and
   2. (2) in the event that a disciplinary action is pending or reasonably imminent, the certificant or licensee must acknowledge that the surrender constitutes a plea of "no contest" to the allegations upon which the disciplinary action is predicated.
9. (i) Notification of disposition. A copy of the order of final disposition of proposed disciplinary shall be sent to any licensed EMS provider, first responder organization, medical director, institution or facility with which the certificant or licensee is known to be associated at the address shown in the current records of the department.

Source Note:The provisions of this §157.36 adopted to be effective September 1, 2000, 25 TexReg 3749.