1. (a) Purpose. This section lists guidelines and criteria for establishing the eligibility of persons with criminal backgrounds for certification or continued certification as emergency medical services (EMS) personnel or licensure or continued licensure as paramedics. It is also the purpose of this section to apply the requirements of the Occupations Code, Chapter 53, Subchapter B, and to consider and review the criteria listed in the Occupation Code, Chapter 53, Subchapter B, §53.022 and §53.023. The Texas Department of Health (department) may deny, decertify, revoke, and/or suspend a certificate or license to persons who have committed a felony or misdemeanor to include, but not limited to, those in this section.

2. (b) Access to criminal history record information.

   1. (1) The department is entitled to obtain criminal history information maintained by the Department of Public Safety, the Federal Bureau of Investigation Identification Division, or any other law enforcement agency to investigate the eligibility of a candidate for EMS personnel certification, recertification, licensure or renewal and to investigate the continued eligibility of a certificant/licensee.
   2. (2) A candidate for EMS certification/licensure or an EMS certificant/licensed paramedic who has disclosed a criminal history record or who has a known criminal history record shall be required to submit a completed set of fingerprints as required under the Government Code, §411.087 and/or §411.110.
   3. (3) With respect to an applicant for certification or licensure who has a criminal history record, the department is authorized to close an application file when the applicant has failed to respond to request(s) for information for eligibility determination under the Occupations Code, Chapter 53 Subchapter B; Health and Safety Code, Chapter 773; or the rules adopted thereunder within 60 days of said request(s).

3. (c) Criminal convictions.

   1. (1) When the conviction of a felony or misdemeanor relates directly to the duties and responsibilities of EMS personnel, the department may:

      1. (A) deny to a person the opportunity for eligibility for a certificate or license;
      2. (B) disqualify a person from receiving a certificate or license; or
      3. (C) decertify, revoke or suspend an existing certification or license.

   2. (2) In considering whether a crime relates directly to the occupation of EMS personnel, the department shall consider and review the following:

      1. (A) the Occupations Code, Chapter 53, Subchapter B, §53.022;
      2. (B) the nature and seriousness of the crime;
      3. (C) the relationship of the crime to the purposes for requiring a certificate or license to engage in the occupation;
      4. (D) the extent to which involvement in EMS would afford a certificant or licensee an opportunity to engage in further criminal activity of the same type as that in which the person previously has been involved; and
      5. (E) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the EMS profession.

   3. (3) The following crimes are considered to relate to the certification and licensure of EMS personnel because they impact the ability to carry out the duties and responsibilities associated with patient care and public safety and shall be considered and reviewed:

      1. (A) offenses under the Health and Safety Code, Chapter 773;
      2. (B) under the Transportation Code;
      3. (C) offenses under the Alcoholic Beverage Code;
      4. (D) offenses under the Health and Safety Code, Texas Controlled Substances Act, Chapters 481,482 and 483, relating to substance abuse;
      5. (E) offenses under Department of Public Safety of the State of Texas, Government Code, Chapter 411, Subchapter H, relating to the license to carry a concealed handgun;

      6. (F) offenses under the following titles of the Texas Penal Code:

         1. (i) Title 4 - offenses of attempting or conspiring to commit any of the offenses in this clause;
         2. (ii) Title 5 - offenses against the person;
         3. (iii) Title 6 - offenses against the family;
         4. (iv) Title 7 - offenses against property;
         5. (v) Title 8 - offenses against public administration;
         6. (vi) Title 9 - offenses against public order and decency;
         7. (vii) Title 10 - offenses against public health, safety, and morals; and/or
         8. (viii) Title 11 - offenses involving organized crime.
      7. (G) Offenses listed in subparagraph (F)(i)-(viii) of this subsection are not exclusive in that the department may consider similar criminal convictions from other state, federal, foreign or military jurisdictions which, although not listed in paragraph (F)(i)-(viii) indicate the lack of ability, capacity, or fitness of the individual to perform the duties and responsibilities of EMS personnel.

4. (d) Criteria for eligibility and continued eligibility. The department will apply the criteria outlined in the Occupations Code, Chapter 53, Subchapter B, §53.023. In applying the criteria, it shall be the responsibility of the candidate/certificant/licensee to obtain and send the department the entire court record for each criminal offense and recommendations of the prosecution, and/or law enforcement and/or correctional authorities regarding the offense(s). The candidate/certificant/licensee shall also furnish documentation acceptable to the department of prior/current employment status, evidence of court-ordered and/or voluntary rehabilitation, evidence of good conduct in their community, and evidence of payment of all outstanding court costs, supervision fees, fines, and restitution as ordered in the criminal cases in which they have been convicted.

   1. (1) The department believes that those certified/licensed in the EMS profession shall conduct the occupation with honesty, trustworthiness and integrity. The department shall consider, review and take action against those candidates/certificants/licensees who during the course of the criminal history evaluation, or by nature of their conviction of certain crimes, exhibit to the department an inability or unwillingness to follow those requirements.
   2. (2) As authorized under the Occupations Code, Chapter 53, Subchapter B, §53.021(b), upon a certificant/licensee's felony conviction, felony probation revocation, revocation of parole or revocation of mandatory supervision which results in incarceration, their certificate/license shall be decertified/revoked.
5. (e) Procedures for denying, decertifying, revoking, suspending, or probating a certificate or license to persons with criminal backgrounds can be found in §157.36(c)-(k) of this title (relating to Criteria for Denial and Disciplinary Actions for EMS Personnel and Voluntary Surrender of a Certificate or License).

Source Note:The provisions of this §157.37 adopted to be effective September 1, 2000, 25 TexReg 3749.