1. (a) General.

   1. (1) A certified emergency medical service (EMS) instructor is an individual who has received training approved by the Texas Department of Health (department) to conduct the classroom or laboratory portion of an EMS training course.
   2. (2) An instructor must be currently certified as at least an emergency medical technician (EMT) and may not instruct knowledge or skills above his current level of certification.
   3. (3) Instructor certification is dependent on the individual's EMS personnel certification and is subject to the same status as that personnel certification. If the department imposes disciplinary action in accordance with §157.16 of this title (relating to Emergency Suspension, Suspension, Probation, Revocation or Denial of a Provider License) or §157.36 of this title (relating to Criteria for Denial and Disciplinary Actions for EMS Personnel and Voluntary Surrender of a Certificate or License), the action shall also be imposed automatically and immediately on the individual's instructor's certification.

2. (b) Certification. To obtain certification, a candidate shall:

   1. (1) have a high school diploma or a general educational development (GED) certificate;
   2. (2) have active EMS personnel certification;
   3. (3) complete a training program using an instructor training curriculum approved by the department;
   4. (4) submit an application to the department with a nonrefundable fee of $30 to the department, except a fee shall not be required if compensation is not received for instructing training courses or programs; and a course completion document from a department-approved instructor course; and
   5. (5) pass the instructor examination conducted by the department.
3. (c) The instructor candidate who does not pass the exam may have one opportunity to retest by submitting the retest application and $30 retest fee, if applicable. The retest must be completed no later than one year after the course completion date. The candidate who fails the retest must complete another instructor course to become eligible for instructor certification.
4. (d) Currently certified instructors shall be considered to have met the qualifications in this section.
5. (e) Period of certification. After verification by the department of the information submitted by the candidate, the candidate who meets the requirements of subsection (b) of this section shall be certified as an instructor for two years commencing on the date of issuance of the certificate.

6. (f) Responsibilities. An instructor shall have the following responsibilities:

   1. (1) conducting classroom and laboratory sessions in accordance with lesson objectives as assigned by the course coordinator;
   2. (2) conducting skills proficiency verifications and other student evaluations as assigned by the course coordinator;
   3. (3) assisting the course coordinator in preparing and maintaining records and performing other duties necessary to insure the integrity, efficiency and effectiveness of the course.

7. (g) Recertification.

   1. (1) Prior to the expiration of a certificate, the department shall send a notice of expiration to the certificant at the address shown in the current records of the department. It is the responsibility of EMS personnel to notify the department of any change of address.
   2. (2) If a certificant has not received notice of expiration from the department 30 days prior to the expiration, the certificant shall request an application for recertification from the department or download an application from the Internet. Failure to apply for recertification shall result in expiration of the certificate.

   3. (3) To be eligible for recertification, the instructor shall meet recertification requirements during the latest instructor certification period:

      1. (A) maintain active status EMS certification; and
      2. (B) submit the application for recertification and a nonrefundable fee of $30.
   4. (4) After verification by the department of the information submitted, the candidate who meets the requirements of this section shall be recertified for two years commencing on the day following the expiration of the current certificate.

8. (h) Late recertification.

   1. (1) An application for renewal of a certificate shall be considered late if:

      1. (A) the application and nonrefundable fee are received after the most recent certificate has expired or;
      2. (B) all requirements for recertification are not met prior to the end of the most recent certification period.
   2. (2) An instructor who has not recertified prior to the end of his most recent certification period is not certified.

9. (i) Recertification. To be eligible for recertification, the candidate shall meet the following:

   1. (1) A candidate whose certificate has been expired for 90 days or less may renew the certificate by submitting an application and paying a nonrefundable renewal fee that is equal to 1-1/2 times the normally required application renewal fee for that level as listed in subsection (b)(4) of this section;
   2. (2) A candidate whose certificate has been expired for more than 90 days but less than one year may renew the certificate by submitting an application and paying a nonrefundable renewal fee that is equal to two times the normally required application renewal fee as listed in subsection (b)(4) of this section.
   3. (3) A candidate must complete all the requirements for recertification no later than one year after the expiration of the most recent certificate.
   4. (4) After verification by the department of the information submitted by the candidate, the candidate who meets the requirements of this subsection shall be recertified for two years commencing on the day of issuance of a certificate.
   5. (5) A candidate whose certification is expired more than one year must meet the requirements of subsection (b) of this section including the completion of another initial course to be certified.

10. (j) Disciplinary action.

    1. (1) Emergency suspension. The bureau chief of the Bureau of Emergency Management may issue an emergency order to suspend an instructor if the bureau chief has reasonable cause to believe continued activity of the individual constitutes a threat to the public health or safety.

       1. (A) An emergency suspension shall be effective immediately without a hearing or written notice to the certificate holder. Notice to the certificant 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, or by return receipt. Notice shall also be sent to any sponsoring entity.
       2. (B) If a written request for a hearing is received from the certificate holder within 15 days of the date of notice, the department shall conduct a hearing not later than the 30th 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 a disciplinary action related to the hearing shall be in accordance with the Administrative Procedure Act, Government Code, Chapter 2001.

    2. (2) Suspension or revocation. An instructor's certification may be suspended or revoked for, but not limited to, the following reasons:

       1. (A) failing to maintain active status EMS personnel certification at the appropriate level;
       2. (B) failing to comply with the responsibilities of an instructor as in subsection (f) of this section;
       3. (C) falsifying an application for EMS certification;
       4. (D) falsifying a program approval application, a self-study, a course approval application, or any supporting documentation;
       5. (E) falsifying a course completion certificate or any other document that records or verifies course activity and/or is a part of the course record;
       6. (F) compromising department or program standards for verification of skills proficiency or falsifying proficiency verification records;
       7. (G) assisting another to obtain or to attempt to obtain personnel certification or recertification by fraud, forgery, deception or misrepresentation;
       8. (H) failing to complete and submit student documents within the established time frames;
       9. (I) compromising or failing to maintain the order, discipline and fairness of a department-approved course or program;
       10. (J) delivering or allowing inadequate class presentations;
       11. (K) compromising an examination or examination process administered or approved by the department;
       12. (L) cheating or assisting another in cheating on an EMS examination, other evaluation or any other activity offered or conducted by the department, a training program approved by the department, or a provider licensed by the department;
       13. (M) accepting any benefit to which there is no entitlement or benefits in any manner through fraud, deception, falsification, misrepresentation, theft, misappropriation or coercion;
       14. (N) failing to maintain appropriate policies, procedures and safeguards to ensure the safety of students, fellow instructors or other class participants;
       15. (O) allowing recurrent use of inadequate, inoperable, or malfunctioning equipment;
       16. (P) issuing a check to the department which is returned unpaid;
       17. (Q) failing to maintain education course records for initial or continuing education (CE) courses;
       18. (R) demonstrating an unwillingness or inability to comply with the Health and Safety Code and rules adopted thereunder;
       19. (S) failing to give the department true and complete information when asked regarding any alleged or actual violation of the Health and Safety Code, or the rules adopted thereunder, or failing to report a violation;
       20. (T) committing any violation during a probationary period; and
       21. (U) functioning or attempting to function as an instructor during a period of suspension shall be cause for revocation of the instructor certification.

    3. (3) Notification. If the department proposes to take disciplinary action against an EMS instructor, the certificant shall be notified at the address shown in the current records of the department. The notice must state the alleged facts or conduct warranting the action and state that the certificant has an opportunity to request a hearing.

       1. (A) The certificant may request a hearing within 15 days after the date of the notice. This request shall be in writing and submitted to the bureau chief. The hearing shall be conducted pursuant to the Administrative Procedure Act, Government Code, Chapter 2001.
       2. (B) If the certificant does not request a hearing, after being sent the notice of opportunity, the certificant waives the opportunity for a hearing and the department shall implement its proposal.
    4. (4) Probation. The department may probate any penalty assessed under this section and may specify terms and conditions of any probation issued.

    5. (5) Reapplication.

       1. (A) Two years after the revocation of an instructor certification an individual may petition the department, in writing, for the opportunity to reapply for certification.
       2. (B) The department shall evaluate the petition and may allow or deny the opportunity to submit an application for recertification.

       3. (C) In evaluating a petition for permission to reapply for certification the department shall consider, but is not limited to, the following issues:

          1. (i) the likelihood of a repeat of the actions or inactions that led to revocation;
          2. (ii) the petitioners overall record as an instructor;
          3. (iii) letters of support or recommendation;
          4. (iv) letters in protest or nonsupport of the petition; and
          5. (v) the need for the services of an instructor in a given area.
       4. (D) The petitioner shall be notified of the department's decision to allow or deny the submission of reapplication within 60 days of the request.
       5. (E) An instructor whose certificate expires during a suspension or revocation period may not petition to reapply for certification until the end of the suspension or revocation period.
11. (k) For all applications and renewal applications, the department (or the board) is authorized to collect subscription and convenience fees, in amounts determined by the Texas Online Authority, to recover costs associated with application and renewal application processing through Texas Online.

Source Note:The provisions of this §157.44 adopted to be effective September 1, 2000, 25 TexReg 3749; amended to be effective June 1, 2004, 29 TexReg 4492.