1. (a) Purpose. This section is designed to establish guidelines and criteria on the eligibility of persons with criminal backgrounds to be certified as emergency medical services (EMS) personnel. A felony or misdemeanor listed in this section relates to the duties and responsibilities of EMS personnel because these criminal offenses indicate an inability or a tendency to be unable to perform as certified EMS personnel.

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

   1. (1) Criminal history record. The department is entitled to obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation identification division, or another law enforcement agency to investigate the eligibility of an applicant for certification or recertification as emergency medical services personnel.

   2. (2) Confidentiality of information. All information received under this section is privileged and confidential. The information may not be released to any person outside the department or other agency except in the following instances:

      1. (A) a court order;
      2. (B) with written consent of the entity being investigated;
      3. (C) in a criminal proceeding; or
      4. (D) in a hearing conducted by the department.

3. (c) Criminal convictions which directly relate to the profession of EMS personnel.

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

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

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

      1. (A) the nature and seriousness of the crime;

      2. (B) the relationship of the crime to the purposes for requiring a certificate. The following crimes relate to the certification of EMS personnel because these crimes directly relate to the ability to carry out the duties and responsibilities of EMS personnel;

         1. (i) offenses under the Health and Safety Code, Chapter 773;
         2. (ii) offenses under the Uniform Act Regulating Traffic on Highways, Texas Civil Statutes, Article 6701d, which are punishable by fines greater than $200, or imprisonment, or both fine and imprisonment;
         3. (iii) offenses under the intoxicated driver provision of Texas Civil Statutes, Article 6701l-1;
         4. (iv) offenses under the Health and Safety Code, Chapter 481, concerning controlled substances;
         5. (v) offenses under the Health and Safety Code, Chapter 483, concerning dangerous drugs;

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

            1. (I) Title 5--offenses against the person;
            2. (II) Title 7--offenses against property;
            3. (III) Title 9--offenses against public order and decency;
            4. (IV) Title 10--offenses against public health, safety, and morals;
            5. (V) Title 11--offenses involving organized crime; and
            6. (VI) Title 4--offenses of attempting or conspiring to commit any of the offenses in this clause;
         7. (vii) the offenses listed in clauses (i)-(vi) of this subparagraph are not inclusive in that the department may consider other particular crimes in special cases in order to promote the intent of the EMS Act and these sections;
      3. (C) the extent to which a certificate might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously has been involved; and
      4. (D) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of EMS personnel. In making this determination, the department will apply the criteria outlined in Texas Civil Statutes, Article 6252-13c, §4(c)(1)-(7).

4. (d) Procedures for decertifying, suspending, or denying a certificate to persons with criminal backgrounds.

   1. (1) If the department's Bureau of Emergency Management (bureau) proposes to decertify, suspend, or deny a certificate, based on the criteria in subsection (b) of this section, the bureau shall notify the individual at his or her last known address as shown in the bureau's records, by registered or certified mail. The notice shall specify the facts or conduct alleged to warrant the intended action.
   2. (2) The individual may request a hearing within 15 days after the date of the notice. This request shall be submitted in writing to the bureau chief. A hearing shall be conducted pursuant to the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, and §§1.21-1.34 of this title (relating to Formal Hearing Procedures).
   3. (3) If the individual does not request a hearing in writing after being sent the notice of the proposed action, the individual is deemed to have waived the opportunity for a hearing, and the proposed action will be taken.

   4. (4) If the department decertifies, suspends, or denies a certificate under these sections after a hearing, the bureau chief shall give the person written notice:

      1. (A) of the reasons for the decision;
      2. (B) that the person, after exhausting administrative appeals, may file an action in a district court of Travis County for review of the evidence presented to the department and its decision; and
      3. (C) that the person must begin the judicial review by filing a petition with the court within 30 days after the department's action is final and appealable.
   5. (5) If an individual requests a hearing because the department has proposed to deny the certification, and if after the hearing the department is ordered to certify the applicant, the applicant shall complete all eligibility requirements including certification examinations and retests within 90 days of the ruling.
   6. (6) After the hearing and/or the decision has been made to deny or certify an applicant, the department shall destroy the criminal history record information regarding the applicant.

Source Note:The provisions of this §157.44 adopted to be effective February 27, 1991, 16 TexReg 972; amended to be effective October 21, 1992, 17 TexReg 7076; amended to be effective December 29, 1995, 20 TexReg 10772.