CHAPTER 773. EMERGENCY MEDICAL SERVICES

HEALTH AND SAFETY CODE

TITLE 9. SAFETY

SUBTITLE B. EMERGENCIES

CHAPTER 773. EMERGENCY MEDICAL SERVICES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 773.001. SHORT TITLE. This chapter may be cited as the

Emergency Health Care Act.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by:

Acts 2005, 79th Leg., Ch.

299, Sec. 1, eff. September 1, 2005.

Sec. 773.002. PURPOSE. The purpose of this chapter is to

provide for the prompt and efficient transportation of sick and

injured patients, after necessary stabilization, and to encourage

public access to that transportation in each area of the state.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 773.003. DEFINITIONS. In this chapter:

(1) "Advanced life support" means emergency prehospital care

that uses invasive medical acts.

(2) "Basic life support" means emergency prehospital care that

uses noninvasive medical acts.

(3) "Board" means the Texas Board of Health.

(4) "Bureau" means the department's bureau of emergency

management.

(5) "Bureau chief" means the chief of the bureau of emergency

management.

(6) "Commissioner" means the commissioner of health.

(7) "Department" means the Department of State Health Services.

(8) "Emergency medical services" means services used to respond

to an individual's perceived need for immediate medical care and

to prevent death or aggravation of physiological or psychological

illness or injury.

(9) "Emergency medical services and trauma care system" means an

arrangement of available resources that are coordinated for the

effective delivery of emergency health care services in

geographical regions consistent with planning and management

standards.

(10) "Emergency medical services personnel" means:

(A) emergency care attendant;

(B) emergency medical technicians;

(C) emergency medical technicians--intermediate;

(D) emergency medical technicians--paramedic; or

(E) licensed paramedic.

(11) "Emergency medical services provider" means a person who

uses or maintains emergency medical services vehicles, medical

equipment, and emergency medical services personnel to provide

emergency medical services.

(12) "Emergency medical services vehicle" means:

(A) a basic life-support emergency medical services vehicle;

(B) an advanced life-support emergency medical services vehicle;

(C) a mobile intensive-care unit; or

(D) a specialized emergency medical services vehicle.

(13) "Emergency medical services volunteer" means emergency

medical services personnel who provide emergency prehospital care

without remuneration, except reimbursement for expenses.

(14) "Emergency medical services volunteer provider" means an

emergency medical services provider that has at least 75 percent

of its total personnel as volunteers and is recognized as a

Section 501(c)(3) nonprofit corporation by the Internal Revenue

Service.

(15) "Emergency prehospital care" means care provided to the

sick or injured before or during transportation to a medical

facility, and includes any necessary stabilization of the sick or

injured in connection with that transportation.

(15-a) "Executive commissioner" means the executive commissioner

of the Health and Human Services Commission.

(16) "First responder organization" means a group or association

of certified emergency medical services personnel that, working

in cooperation with a licensed emergency medical services

provider, provides immediate on-scene care to ill or injured

persons but does not transport those persons.

(17) "Governmental entity" means a county, municipality, school

district, or special district or authority created in accordance

with the Texas Constitution.

(18) "Medical supervision" means direction given to emergency

medical services personnel by a licensed physician under Subtitle

B, Title 3, Occupations Code, and the rules adopted under that

subtitle by the Texas State Board of Medical Examiners.

Text of subsec. (19) as amended by Acts 1991, 72nd Leg., ch. 605,

Sec. 1

(19) "Trauma facility" means a health care facility that is

capable of comprehensive treatment of seriously injured persons

and is a part of an emergency medical services and trauma care

system.

Text of subsec. (19) as amended by Acts 1991, 72nd Leg., ch. 853,

Sec. 3

(19) "Emergency medical care" means bona fide emergency services

provided after the sudden onset of a medical or traumatic

condition manifesting itself by acute symptoms of sufficient

severity, including severe pain, such that the absence of

immediate medical attention could reasonably be expected to

result in:

(A) placing the patient's health in serious jeopardy;

(B) serious impairment to bodily functions; or

(C) serious dysfunction of any bodily organ or part.

(20) "Trauma patient" means a critically injured person who has

been:

(A) evaluated by a physician, a registered nurse, or emergency

medical services personnel; and

(B) found to require medical care in a trauma facility.

(21) [Blank].

(22) "Trauma services" includes services provided to a severely

or seriously injured patient who has a principal diagnosis listed

in the Injuries and Poisonings Chapter of the International

Classification of Diseases, Clinical Modification.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 239, eff. Sept. 1,

1991; Acts 1991, 72nd Leg., ch. 605, Sec. 1, eff. Sept. 1, 1991;

Acts 1991, 72nd Leg., ch. 853, Sec. 3, eff. Sept. 1, 1991; Acts

1995, 74th Leg., ch. 915, Sec. 1, eff. Aug. 28, 1995; Acts 1997,

75th Leg., ch. 435, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th

Leg., ch. 1377, Sec. 2.02, eff. Sept. 1, 1999; Acts 2001, 77th

Leg., ch. 1420, Sec. 14.808, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

299, Sec. 2, eff. September 1, 2005.

Sec. 773.004. VEHICLES AND PERSONNEL EXCLUDED FROM CHAPTER. (a)

This chapter does not apply to:

(1) air transfer that does not advertise as an ambulance

service and that is not licensed by the department;

(2) the use of ground or air transfer vehicles to transport sick

or injured persons in a casualty situation that exceeds the basic

vehicular capacity or capability of emergency medical services

providers in the area;

(3) an industrial ambulance; or

(4) a physician, registered nurse, or other health care

practitioner licensed by this state unless the health care

practitioner staffs an emergency medical services vehicle

regularly.

(b) In this section, "industrial ambulance" means a vehicle

owned and operated by an industrial facility that is not

available for hire or use by the public except to assist the

local community in a disaster or when existing ambulance service

is not available, and includes a ground vehicle at an industrial

site used:

(1) for the initial transportation or transfer of the unstable

urgently sick or injured; or

(2) to transport from the job site to an appropriate medical

facility a person who becomes sick, injured, wounded, or

otherwise incapacitated in the course of employment.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 240, eff. Sept. 1,

1991; Acts 1991, 72nd Leg., ch. 605, Sec. 2, eff. Sept. 1, 1991;

Acts 1993, 73rd Leg., ch. 376, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch.

305, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1034, Sec. 4, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

268, Sec. 14(a), eff. September 1, 2007.

Sec. 773.0045. TEMPORARY EXEMPTIONS FOR EMERGENCY MEDICAL

SERVICES PERSONNEL PRACTICING IN RURAL AREA. (a) In this

section, "rural area" means:

(1) a county with a population of 50,000 or less; or

(2) a relatively large, isolated, and sparsely populated area in

a county with a population of more than 50,000.

(b) The department on a case-by-case basis may temporarily

exempt emergency medical services personnel who primarily

practice in a rural area from a requirement imposed either by

Section 773.050 or 773.055 or by a rule adopted by the department

under Section 773.050 or 773.055 if specific circumstances that

affect the rural area served by the emergency medical services

personnel justify the exemption. The department may temporarily

exempt the emergency medical services personnel from a

requirement imposed:

(1) by a department rule adopted under Section 773.050 or

773.055 only if the department finds that, under the

circumstances, imposing the requirement would not be in the best

interests of the people in the rural area who are served by the

emergency medical services personnel; and

(2) by Section 773.050 or 773.055 only if the department finds

that, under the circumstances, there is a substantial risk that

imposing the requirement will detrimentally affect the health or

safety of one or more persons in the affected rural area or

hinder the ability of emergency medical services personnel who

practice in the area to alleviate a threat to the health or

safety of one or more persons in the area.

(c) The exemption must be in writing, include the findings

required by Subsection (b), and expire at a stated time. The

written findings must be accompanied by a concise and explicit

statement that specifically describes the circumstances that

support the finding.

(d) In granting the exemption, the department in writing must

require the affected emergency medical services personnel or the

appropriate emergency medical services provider to adopt a

written plan under which the applicable requirement will be met

as soon as possible.

(e) A temporary exemption under this section may allow emergency

medical services personnel who are applicants for certification

at a higher level of training to temporarily practice at the

higher level.

Added by Acts 2003, 78th Leg., ch. 848, Sec. 1, eff. June 20,

2003.

Sec. 773.005. BUREAU OF EMERGENCY MANAGEMENT. (a) The bureau

of emergency management is in the department under the direction

of a bureau chief.

(b) The bureau chief must have:

(1) proven ability as an administrator and organizer; and

(2) direct experience in emergency medical services.

(c) In filling the position of bureau chief, the department

shall give preference to a physician who applies for the

position.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 773.006. FUND FOR EMERGENCY MEDICAL SERVICES, TRAUMA

FACILITIES, AND TRAUMA CARE SYSTEMS. (a) The fund for emergency

medical services, trauma facilities, and trauma care systems is

established as an account in the general revenue fund. Money in

the account may be appropriated only to the bureau for the

purposes specified by Section 773.122.

(b) The account is composed of money deposited to the account

under Article 102.0185, Code of Criminal Procedure, and the

earnings of the account.

(c) Sections 403.095 and 404.071, Government Code, do not apply

to the account.

Added by Acts 2003, 78th Leg., ch. 1213, Sec. 1, eff. Sept. 1,

2003.

Sec. 773.007. SUPERVISION OF EMERGENCY PREHOSPITAL CARE. (a)

The provision of advanced life support must be under medical

supervision and a licensed physician's control.

(b) The provision of basic life support may be under medical

supervision and a licensed physician's control.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 773.008. CONSENT FOR EMERGENCY CARE. Consent for emergency

care of an individual is not required if:

(1) the individual is:

(A) unable to communicate because of an injury, accident, or

illness or is unconscious; and

(B) suffering from what reasonably appears to be a

life-threatening injury or illness;

(2) a court of record orders the treatment of an individual who

is in an imminent emergency to prevent the individual's serious

bodily injury or loss of life; or

(3) the individual is a minor who is suffering from what

reasonably appears to be a life-threatening injury or illness and

whose parents, managing or possessory conservator, or guardian is

not present.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 773.009. LIMITATION ON CIVIL LIABILITY. A person who

authorizes, sponsors, supports, finances, or supervises the

functions of emergency room personnel and emergency medical

services personnel is not liable for civil damages for an act or

omission connected with training emergency medical services

personnel or with services or treatment given to a patient or

potential patient by emergency medical services personnel if the

training, services, or treatment is performed in accordance with

the standard of ordinary care.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 773.011. SUBSCRIPTION PROGRAMS. (a) An emergency medical

services provider may create and operate a subscription program

to fund and provide emergency medical services.

(b) The board shall adopt rules establishing minimum standards

for the creation and operation of a subscription program.

(c) The board shall adopt a rule that requires an emergency

medical services provider to secure a surety bond in the amount

of sums to be subscribed before soliciting subscriptions and

creating and operating a subscription program. The surety bond

must be issued by a company that is licensed by or eligible to do

business in this state.

(d) The board may adopt rules for waiver of the surety bond.

(e) The Insurance Code does not apply to a subscription program

established under this section.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 242, eff. Sept. 1,

1991; Acts 1995, 74th Leg., ch. 915, Sec. 2, eff. Aug. 28, 1995.

Sec. 773.012. ADVISORY COUNCIL. (a) The governor shall appoint

an advisory council to advise the board regarding matters related

to the responsibilities of the board, commissioner, and

department under this chapter. In making appointments to the

advisory council, the governor shall ensure that approximately

one-half of the members of the advisory council are residents of

rural areas of the state.

(b) The advisory council is composed of the following 15 members

appointed by the governor:

(1) a board-certified emergency physician, appointed from a list

of names recommended by a statewide professional association of

emergency physicians;

(2) a licensed physician who is an emergency medical services

medical director, appointed from a list of names recommended by a

statewide professional association of emergency medical services

medical directors;

(3) a fire chief for a municipality that provides emergency

medical services, appointed from a list of names recommended by a

statewide fire chiefs association;

(4) an officer or employee of a private provider of emergency

medical services who is involved with the development of a Texas

Trauma System, appointed from a list of names recommended by a

statewide association of private providers of emergency medical

services;

(5) a volunteer who provides emergency medical services,

appointed from a list of names recommended by a statewide

association of volunteers;

(6) an educator in the field of emergency medical services;

(7) a member of an emergency medical services air medical team

or unit, appointed from a list of names recommended by a

statewide emergency medical services air medical association;

(8) a representative of a fire department that provides

emergency medical services, appointed from a list of names

recommended by a statewide association of firefighters;

(9) a representative of hospitals who is affiliated with a

hospital that is a designated trauma facility in an urban

community, appointed from a list of names recommended by a

statewide association of hospitals;

(10) a representative of hospitals, who is affiliated with a

hospital that is a designated trauma facility in a rural

community, appointed from a list of names recommended by a

statewide association of hospitals;

(11) a representative of a county provider of emergency medical

services;

(12) one licensed physician who is a pediatrician with trauma or

emergency care expertise;

(13) one trauma surgeon or one registered nurse with trauma

expertise; and

(14) two representatives of the general public who are not

qualified to serve under another subdivision of this subsection.

(c) A person may not be a public member of the advisory council

if the person or the person's spouse:

(1) is registered, certified, or licensed by a regulatory agency

in the field of emergency medical services;

(2) is employed by or participates in the management of a

business entity or other organization regulated by or receiving

money from the department;

(3) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization

regulated by or receiving money from the department; or

(4) uses or receives a substantial amount of tangible goods,

services, or money from the department other than reimbursement

authorized by law for advisory council membership, attendance, or

expenses.

(d) In this subsection, "Texas trade association" means a

cooperative and voluntarily joined association of business or

professional competitors in this state designed to assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

interest. A person may not be a member of the advisory council

if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of emergency medical

services; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of emergency

medical services.

(e) A person may not be a member of the advisory council if the

person is required to register as a lobbyist under Chapter 305,

Government Code, because of the person's activities for

compensation on behalf of a profession related to the operation

of the department.

(f) Members of the advisory council serve staggered six-year

terms with the terms of five members expiring January 1 of each

even-numbered year. A vacancy on the advisory council is filled

in the same manner as the original appointment for the unexpired

term.

(g) The governor shall appoint the presiding officer of the

advisory council.

(h) A member of the advisory council serves without

compensation. Chapter 2110, Government Code, does not apply to

the size, composition, or duration of the advisory council.

(i) The advisory council shall meet at least quarterly in the

city of Austin. The advisory council shall meet as provided by

procedural rules adopted by the advisory council or at the call

of the presiding officer. The advisory council may appoint

committees it considers necessary to perform its duties.

(j) The advisory council periodically shall review board rules

relating to this chapter and may recommend changes in those rules

to the board. The board and the commissioner shall ensure that

the advisory council is given adequate time and opportunity to

review and comment on each rule proposed for adoption by the

board under this chapter, including the amendment or repeal of an

existing rule, but not including an emergency rule.

(k) The advisory council shall assess the need for emergency

medical services in the rural areas of the state.

(l) The advisory council shall develop a strategic plan for:

(1) refining the educational requirements for certification and

maintaining certification as emergency medical services

personnel; and

(2) developing emergency medical services and trauma care

systems.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 19.01, eff. Sept.

1, 1999. Amended by Acts 2001, 77th Leg., ch. 874, Sec. 2, eff.

Sept. 1, 2001.

Sec. 773.013. PEER ASSISTANCE PROGRAM. The department may

establish, approve, and fund a peer assistance program in

accordance with Section 467.003 and board rules.

Added by Acts 2001, 77th Leg., ch. 874, Sec. 3, eff. Sept. 1,

2001.

Sec. 773.014. ADMINISTRATION OF EPINEPHRINE. (a) An emergency

medical services provider and a first responder organization may

acquire and possess epinephrine auto-injector devices in

accordance with this section. Emergency medical services

personnel may carry and administer epinephrine auto-injector

devices in accordance with this section.

(b) The department shall adopt rules designed to protect the

public health and safety to implement this section. The rules

must provide that emergency medical services personnel may

administer an epinephrine auto-injector device to another only if

the person has successfully completed a training course, approved

by the department, in the use of the device that is consistent

with the national standard training curriculum for emergency

medical technicians.

(c) An emergency medical services provider or first responder

organization may acquire, possess, maintain, and dispose of

epinephrine auto-injector devices, and emergency medical services

personnel may carry, maintain, administer, and dispose of

epinephrine auto-injector devices, only in accordance with:

(1) rules adopted by the department under this section; and

(2) a delegated practice agreement that provides for medical

supervision by a licensed physician who either:

(A) acts as a medical director for an emergency medical services

system or a licensed hospital; or

(B) has knowledge and experience in the delivery of emergency

care.

(c-1) A licensed physician acting as a medical director for an

emergency medical services system may restrict the use and

administration of epinephrine auto-injector devices to certain

emergency medical services personnel of the system through:

(1) the delegated practice agreement; or

(2) the adoption of policies governing the use of the devices by

personnel within the system.

(d) Emergency medical services personnel who administer

epinephrine auto-injector devices to others shall immediately

report the use to the physician supervising the activities of the

emergency medical services personnel.

(e) The administration of an epinephrine auto-injector device to

another under this section is considered to be the administration

of emergency care for the purposes of any statute relating to

liability for the provision of emergency care. The administration

of an epinephrine auto-injector device to another in accordance

with the requirements of this section does not constitute the

unlawful practice of any health care profession.

(f) A person otherwise authorized to sell or provide an

epinephrine auto-injector device to another may sell or provide

the devices to an emergency medical services provider or a first

responder organization authorized to acquire and possess the

devices under this section.

(g) This section does not prevent emergency medical services

personnel who are also licensed health care professionals under

another health care licensing law and who are authorized to

acquire, possess, and administer an epinephrine auto-injector

device under the other health care licensing law from acting

under the other law.

(h) This section does not impose a standard of care not

otherwise required by law.

Added by Acts 2001, 77th Leg., ch. 874, Sec. 4, eff. Jan. 1,

2002; Acts 2001, 77th Leg., ch. 1131, Sec. 1, eff. Jan. 1, 2002.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1079, Sec. 1, eff. June 15, 2007.

Sec. 773.015. IDENTIFICATION OF CERTAIN PATIENTS RECEIVING

EMERGENCY PREHOSPITAL CARE. Emergency medical services personnel

or emergency room medical or admissions personnel may take the

thumbprint of a person who receives emergency prehospital care if

the person:

(1) does not possess personal identification at the time the

care is administered;

(2) is unconscious;

(3) is transported across the Texas-Mexico border by ambulance

or helicopter while receiving emergency prehospital care; and

(4) is delivered to a hospital that has digital fingerprinting

capabilities.

Added by Acts 2005, 79th Leg., Ch.

517, Sec. 1, eff. September 1, 2005.

SUBCHAPTER B. STATE PLAN FOR EMERGENCY SERVICES

Sec. 773.021. STATE PLAN. (a) The bureau shall develop a state

plan for the prompt and efficient delivery of adequate emergency

medical services to acutely sick or injured persons.

(b) The state plan must include an emergency radio communication

plan to be used by local governments and districts that provide

emergency medical services to develop an emergency radio

communication network linking emergency medical services

providers with local hospitals or trauma centers.

(c) The advisory council shall consider the bureau's actions

under Subsection (a), and the board shall review the council's

recommendations.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 488, Sec. 1, eff. June 12,

1995.

Sec. 773.022. SERVICE DELIVERY AREAS. The bureau shall divide

the state into emergency medical services delivery areas that

coincide, to the extent possible, with other regional planning

areas.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 773.023. AREA PLANS. (a) The bureau shall:

(1) identify all public or private agencies and institutions

that are used or may be used for emergency medical services in

each delivery area; and

(2) enlist the cooperation of all concerned agencies and

institutions in developing a well-coordinated plan for delivering

emergency medical services in each delivery area.

(b) A delivery area plan must include an interagency

communications network that facilitates prompt and coordinated

response to medical emergencies by the Department of Public

Safety, local police departments, ambulance personnel, medical

facilities, and other concerned agencies and institutions.

(c) A delivery area plan may include the use of helicopters that

may be available from the Department of Public Safety, the

National Guard, or the United States Armed Forces.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 773.024. FEDERAL PROGRAMS. The bureau is the state agency

designated to develop state plans required for participation in

federal programs involving emergency medical services. The bureau

may receive and disburse available federal funds to implement the

service programs.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 773.025. ACCESSIBILITY OF TRAINING. (a) The bureau shall

identify all individuals and public or private agencies and

institutions that are or may be engaged in emergency medical

services training in each delivery area.

(b) A delivery area plan must include provisions for encouraging

emergency medical services training so as to reduce the cost of

training to emergency medical services providers and to make

training more accessible to low population or remote areas.

(c) A governmental entity that sponsors or wishes to sponsor an

emergency medical services provider may request the bureau to

provide emergency medical services training for emergency care

attendants at times and places that are convenient for the

provider's personnel, if the training is not available locally.

(d) A governmental entity or nongovernmental organization that

sponsors or wishes to sponsor an emergency medical services

provider or first responder organization in a rural or

underserved area may request the bureau to provide or facilitate

the provision of initial training for emergency care attendants,

if the training is not available locally. The bureau shall ensure

that the training is provided. The bureau shall provide the

training without charge, or contract with qualified instructors

to provide the training without charge, to students who agree to

perform emergency care attendant services for at least one year

with the local emergency medical services provider or first

responder organization. The training must be provided at times

and places that are convenient to the students. The bureau shall

require that at least three students are scheduled to take any

class offered under this subsection.

(e) To facilitate all levels of emergency medical services

training, the bureau shall consult with and solicit comment from

emergency medical services providers, first responder

organizations, persons who provide emergency medical services

training, and other entities interested in emergency medical

services training programs.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2001, 77th Leg., ch. 874, Sec. 5, eff. Sept. 1,

2001.

SUBCHAPTER C. LICENSES, CERTIFICATION, AND QUALIFICATIONS

Sec. 773.041. LICENSE OR CERTIFICATE REQUIRED. (a) A person

may not operate, conduct, or maintain an emergency medical

service, advertise that the person is an emergency medical

services provider, or otherwise engage in or profess to be

engaged in the provision of emergency medical services unless the

person holds a license as an emergency medical services provider

issued by the department in accordance with this chapter.

(a-1) A person may not transport a patient by stretcher in a

vehicle unless the person holds a license as an emergency medical

services provider issued by the department in accordance with

this chapter. For purposes of this subsection, "person" means an

individual, corporation, organization, government, governmental

subdivision or agency, business, trust, partnership, association,

or any other legal entity.

(b) A person may not practice as any type of emergency medical

services personnel unless the person is certified under this

chapter and rules adopted under this chapter.

(c) A certificate or license issued under this chapter is not

transferable.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 244, eff. Sept. 1,

1991.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

268, Sec. 14(b), eff. September 1, 2007.

Sec. 773.0415. LIMITATION ON INFORMATION REQUIRED FOR

CERTIFICATE RENEWAL. The requirements and procedures adopted by

the department for the renewal of a certificate to practice as

emergency medical services personnel issued under this chapter:

(1) may not require an applicant to provide unchanged criminal

history information already included in one or more of the

applicant's previous applications for certification or for

certificate renewal filed with the department; and

(2) may require the applicant to provide only information

relevant to the period occurring since the date of the

applicant's last application for certification or for certificate

renewal, as applicable, including information relevant to any new

requirement applicable to the certificate held by the applicant.

Added by Acts 2009, 81st Leg., R.S., Ch.

332, Sec. 1, eff. September 1, 2009.

Sec. 773.042. BASIC LIFE-SUPPORT EMERGENCY MEDICAL SERVICES

PROVIDER QUALIFICATIONS. A provider qualifies as a basic

life-support emergency medical services provider if it provides a

vehicle that is designed for transporting the sick or injured,

has personnel and sufficient equipment and supplies for providing

basic life support, and is capable of providing emergency and

nonemergency transportation.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 915, Sec. 3, eff. Aug. 28,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

305, Sec. 2, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1034, Sec. 5, eff. September 1, 2005.

Sec. 773.043. ADVANCED LIFE-SUPPORT EMERGENCY MEDICAL SERVICES

PROVIDER QUALIFICATIONS. A provider qualifies as an advanced

life-support emergency medical services provider if it:

(1) meets the requirements of a basic life-support emergency

medical services provider; and

(2) has personnel and sufficient equipment and supplies for

providing intravenous therapy and endotracheal or esophageal

intubation.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 915, Sec. 4, eff. Aug. 28,

1995.

Sec. 773.044. MOBILE INTENSIVE-CARE PROVIDER QUALIFICATIONS. A

provider qualifies as a mobile intensive-care provider if it:

(1) meets the requirements of an advanced life-support emergency

medical services provider; and

(2) has personnel and sufficient equipment and supplies to

provide cardiac monitoring, defibrillation, cardioversion, drug

therapy, and two-way radio communication.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 915, Sec. 5, eff. Aug. 28,

1995.

Sec. 773.045. SPECIALIZED EMERGENCY MEDICAL SERVICES PROVIDER

QUALIFICATIONS. (a) A provider using a vehicle, including a

helicopter, boat, fixed-wing aircraft, or ground vehicle,

qualifies as a specialized emergency medical services provider

if:

(1) the vehicle is designed for transporting the sick or injured

by air, water, or ground transportation; and

(2) the provider has personnel and sufficient equipment and

supplies to provide for the specialized needs of the patient

transported.

(b) A rotor or fixed-wing aircraft and staff based in this state

and used to transport a patient by stretcher and that holds

itself out as an air ambulance service is required to be licensed

by the department.

(c) An air ambulance company based in another state that

transports patients from a point in this state is required to be

licensed by the department as an emergency medical services

provider. The department shall issue a license to an air

ambulance company under this subsection if the company applies as

required by this chapter and has met the department's

qualifications for safely transporting patients. An air ambulance

company accredited by the Committee on Air Ambulance Medical

Services is rebuttably presumed to have met the department's

qualifications.

(d) An air ambulance company licensed under Subsection (c) must

include information regarding the physical location of the

company's base operations in any advertising by the company in

this state. This subsection does not prohibit an air ambulance

company with multiple locations from listing those locations in

advertising, provided that the air ambulance company meets all

the provisions of this chapter.

(e) An air ambulance company that is not located in this state

and that advertises within this state must have at least one

physical location in this state.

(f) This section does not require an air transportation provider

to be licensed if, in addition to the company's normal air

transportation service, the air transportation company provides

only voluntary, mercy-flight transportation at the company's own

expense.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 245, eff. Sept. 1,

1991; Acts 1993, 73rd Leg., ch. 376, Sec. 2, eff. Sept. 1, 1993;

Acts 1995, 74th Leg., ch. 915, Sec. 6, eff. Aug. 28, 1995; Acts

1997, 75th Leg., ch. 1182, Sec. 1, eff. Sept. 1, 1997.

Sec. 773.046. EMERGENCY CARE ATTENDANT QUALIFICATIONS. (a) An

individual qualifies as an emergency care attendant if the

individual is certified by the department as minimally proficient

to provide emergency prehospital care by providing initial aid

that promotes comfort and avoids aggravation of an injury or

illness.

(b) The department may not require an individual to have a high

school diploma or a high school equivalency certificate for

certification as an emergency care attendant under this chapter

if the individual certifies that the individual will serve only

as an emergency care attendant volunteer during the certification

period.

(c) The board shall adopt rules as necessary to administer this

section.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 246, eff. Sept. 1,

1991; Acts 2003, 78th Leg., ch. 1035, Sec. 1, eff. Sept. 1, 2003.

Sec. 773.047. EMERGENCY MEDICAL TECHNICIAN QUALIFICATIONS. An

individual qualifies as an emergency medical technician if the

individual is certified by the department as minimally proficient

to perform emergency prehospital care that is necessary for basic

life support and that includes cardiopulmonary resuscitation and

the control of hemorrhaging.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 247, eff. Sept. 1,

1991.

Sec. 773.048. EMERGENCY MEDICAL TECHNICIAN--INTERMEDIATE

QUALIFICATIONS. An individual qualifies as an emergency medical

technician-intermediate if the individual is certified by the

department as minimally proficient to provide emergency

prehospital care by initiating under medical supervision certain

procedures, including intravenous therapy and endotracheal or

esophageal intubation.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 248, eff. Sept. 1,

1991.

Sec. 773.049. EMERGENCY MEDICAL TECHNICIAN--PARAMEDIC

QUALIFICATIONS. An individual qualifies as an emergency medical

technician-paramedic if the individual is certified by the

department as minimally proficient to provide advanced life

support that includes initiation under medical supervision of

certain procedures, including intravenous therapy, endotracheal

or esophageal intubation, electrical cardiac defibrillation or

cardioversion, and drug therapy.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 249, eff. Sept. 1,

1991.

Sec. 773.0495. LICENSED PARAMEDIC QUALIFICATIONS. An individual

qualifies as a licensed paramedic if the department determines

that the individual is minimally proficient to provide advanced

life support that includes initiation under medical supervision

of certain procedures, including intravenous therapy,

endotracheal or esophageal intubation, electrical cardiac

defibrillation or cardioversion, and drug therapy. In addition, a

licensed paramedic must complete a curriculum that includes

college-level course work in accordance with rules adopted by the

board.

Added by Acts 1997, 75th Leg., ch. 435, Sec. 2, eff. Sept. 1,

1997.

Sec. 773.050. MINIMUM STANDARDS. (a) Each basic life-support

emergency medical services vehicle when in service must be

staffed by at least two individuals certified as emergency care

attendants or certified at a higher level of training.

(b) The executive commissioner by rule shall establish minimum

standards for:

(1) staffing an advanced life-support emergency medical services

vehicle, a mobile intensive-care unit, or a specialized emergency

medical services vehicle;

(2) emergency medical services personnel certification and

performance, including provisional certification, certification,

decertification, recertification, suspension, emergency

suspension, and probation;

(3) the approval of courses and training programs, the

certification of program instructors, examiners, and course

coordinators for emergency medical services personnel training,

and the revocation and probation of an approval or certification;

(4) examinations of emergency medical services personnel;

(5) medical supervision of basic and advanced life-support

systems;

(6) granting, suspending, and revoking a license for emergency

medical services providers; and

(7) emergency medical services vehicles.

(c) The executive commissioner shall consider the education,

training, criminal background, and experience of allied health

professionals in adopting the minimum standards for emergency

medical services personnel certification and may establish

criteria for interstate reciprocity of emergency medical services

personnel. Each out-of-state application for certification must

be accompanied by a nonrefundable fee of not more than $120. The

executive commissioner may also establish criteria for

out-of-country emergency medical services personnel

certification. Each out-of-country application for certification

must be accompanied by a nonrefundable fee of not more than $180.

(d) The executive commissioner may not adopt a rule that

requires any system, service, or agency to provide advanced

life-support or staffing beyond basic life-support levels except

for providers of:

(1) advanced life-support emergency medical services;

(2) mobile intensive care; or

(3) specialized emergency medical services.

(e) The executive commissioner shall adopt minimum standards for

recognition of first responder organizations.

(f) The executive commissioner shall recognize, prepare, or

administer continuing education programs for certified personnel.

A certificate holder must participate in the programs to the

extent required by the executive commissioner to remain

certified.

(g) Rules adopting minimum standards under this section shall

require:

(1) an emergency medical services vehicle to be equipped with an

epinephrine auto-injector device or similar device to treat

anaphylaxis; and

(2) emergency medical services personnel to complete continuing

education training in the administration of anaphylaxis

treatment.

(h) The department may provide a prescreening criminal history

record check for an emergency medical services personnel

applicant to determine the applicant's eligibility to receive

certification before enrollment in the educational and training

requirements mandated by the executive commissioner. The

department may charge a reasonable fee for the costs associated

with prescreening to each applicant who requests prescreening.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 250, eff. Sept. 1,

1991; Acts 1991, 72nd Leg., ch. 605, Sec. 3, eff. Sept. 1, 1991;

Acts 1993, 73rd Leg., ch. 251, Sec. 1, eff. May 23, 1993; Acts

1995, 74th Leg., ch. 915, Sec. 7, eff. Aug. 28, 1995; Acts 1999,

76th Leg., ch. 1411, Sec. 19.02, eff. Sept. 1, 1999; Acts 2003,

78th Leg., ch. 198, Sec. 2.84(a), eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1079, Sec. 2, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1149, Sec. 2, eff. September 1, 2009.

Sec. 773.0505. RULES REGARDING ADVERTISING OR COMPETITIVE

BIDDING. (a) The board may not adopt rules restricting

advertising or competitive bidding by a license or certificate

holder except to prohibit false, misleading, or deceptive

practices.

(b) In its rules to prohibit false, misleading, or deceptive

practices, the board may not include a rule that:

(1) restricts the use of any medium for advertising;

(2) restricts the use of a license or certificate holder's

personal appearance or voice in an advertisement;

(3) relates to the size or duration of an advertisement by the

license or certificate holder; or

(4) restricts the license or certificate holder's advertisement

under a trade name.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 19.03, eff. Sept.

1, 1999.

Sec. 773.051. MUNICIPAL REGULATION. A municipality may

establish standards for an emergency medical services provider

that are stricter than the minimum standards of this chapter and

department rules adopted under this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 915, Sec. 8, eff. Aug. 28,

1995.

Sec. 773.052. VARIANCES. (a) An emergency medical services

provider with a specific hardship may apply to the bureau chief

for a variance from a rule adopted under this chapter. The board

may adopt a fee of not more than $30 for filing an application

for a variance.

(b) On receipt of a request for a variance, the department shall

consider any relevant factors, including:

(1) the nearest available service;

(2) geography; and

(3) demography.

(c) The bureau chief shall grant to a sole provider for a

service area a variance from the minimum standards for staffing

and equipment for the provision of basic life-support emergency

medical services if the provider is an emergency medical services

provider exempt from the payment of fees under Section 773.0581.

(d) An applicant for a variance under Subsection (c) must submit

a letter to the department from the commissioners court of the

county or the governing body of the municipality in which the

provider intends to operate an emergency medical services

vehicle. The letter must state that there is no other emergency

medical services provider in the service area.

(e) The department shall grant a variance under Subsection (c)

if the department determines that the provider qualifies and may

deny the variance if the department determines that the provider

does not qualify. The department shall give a provider whose

application is denied the opportunity for a contested case

hearing under Chapter 2001, Government Code.

(f) The department shall issue an emergency medical services

license to a provider granted a variance under this section. The

license is subject to annual review by the department. A provider

is encouraged to upgrade staffing and equipment to meet the

minimum standards set by the rules adopted under this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 251, eff. Sept. 1,

1991; Acts 1991, 72nd Leg., ch. 605, Sec. 4, eff. Sept. 1, 1991;

Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;

Acts 2003, 78th Leg., ch. 198, Sec. 2.84(b), eff. Sept. 1, 2003.

Sec. 773.054. APPLICATIONS FOR PERSONNEL CERTIFICATION AND

TRAINING PROGRAM APPROVAL. (a) This section applies to an

application for:

(1) examination for certification of emergency medical services

personnel;

(2) approval of a course or training program; or

(3) certification of a program instructor, examiner, or course

coordinator.

(b) Each application must be made to the department on a form

prescribed by the board and under rules adopted by the board.

(c) Each application under Subsection (a)(3) must be accompanied

by a nonrefundable fee of not more than $30 for a program

instructor or examiner or $60 for a course coordinator. The

department may not require a fee for a certification from an

instructor, examiner, or coordinator who does not receive

compensation for providing services.

(d) Each application under Subsection (a)(2) must be accompanied

by a nonrefundable fee of not more than $30 for a basic course or

training program or $60 for an advanced course or training

program. The department may not require a fee for approval of a

course or training program if the course coordinator or

sponsoring agency does not receive compensation for providing the

course or training program.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 253, eff. Sept. 1,

1991; Acts 1995, 74th Leg., ch. 915, Sec. 9, eff. Aug. 28, 1995;

Acts 2003, 78th Leg., ch. 198, Sec. 2.84(c), eff. Sept. 1, 2003.

Sec. 773.055. CERTIFICATION OF EMERGENCY MEDICAL SERVICES

PERSONNEL. (a) A nonrefundable fee must accompany each

application for emergency medical services personnel

certification. The fee may not exceed:

(1) $90 for an emergency medical technician-paramedic or

emergency medical technician-intermediate;

(2) $60 for an emergency medical technician or emergency care

attendant;

(3) $90 for recertification of an emergency medical

technician-paramedic or emergency medical

technician-intermediate;

(4) $60 for recertification of an emergency medical technician

or emergency care attendant; or

(5) $120 for certification or recertification of a licensed

paramedic.

(b) Except as provided by Subsection (c), the department shall

notify each examinee of the results of an examination for

certification not later than the 30th day after the date on which

the examination is administered.

(c) The department shall notify an examinee of the results of an

examination not later than the 14th day after the date on which

the department receives the results if the examination is graded

or reviewed by a national testing service. If the notice of the

examination results will be delayed longer than 90 days after the

examination date, the department shall notify each examinee of

the reason for the delay before the 90th day.

(d) The department shall furnish a person who fails an

examination for certification with an analysis of the person's

performance on the examination if requested in writing by that

person. The board may adopt rules to allow a person who fails the

examination to retake all or part of the examination. A fee of

not more than $30 must accompany each application for

reexamination.

(e) The department shall issue certificates to emergency medical

services personnel who meet the minimum standards for personnel

certification adopted under Section 773.050. A certificate is

valid for four years from the date of issuance. The department

shall charge a fee of not more than $10 to replace a lost

certificate.

(f) A fee required by this section is the obligation of the

applicant but may be paid by the emergency medical services

provider. If an applicant is required to be certified as a

condition of employment, the emergency medical services provider

shall pay for all fees required by this section, except for a fee

to replace a lost certificate, in addition to any other

compensation paid to that applicant if the provider is a

municipality. A municipality that requires a fire fighter to be

certified as emergency medical services personnel shall pay the

fees required by this section.

(g) The board by rule may adopt a system under which

certificates expire on various dates during the year. For the

year in which the certificate expiration date is changed, the

department shall prorate certificate fees on a monthly basis so

that each certificate holder pays only that portion of the

certificate fee that is allocable to the number of months during

which the certificate is valid. On renewal of the certificate on

the new expiration date, the total certificate renewal fee is

payable.

(h) The department shall ensure that the written examinations

and any other tests that the department requires a person to take

and pass to obtain or retain certification as emergency medical

services personnel shall be administered during the course of a

year at various locations around the state so that a person who

resides in any part of the state will be able to take the

examinations or tests without having to travel a distance that as

a practical matter requires either travel by air or an overnight

stay.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 254, eff. Sept. 1,

1991; Acts 1993, 73rd Leg., ch. 251, Sec. 2, eff. May 23, 1993;

Acts 1995, 74th Leg., ch. 915, Sec. 10, eff. Aug. 28, 1995; Acts

1997, 75th Leg., ch. 435, Sec. 3, eff. Sept. 1, 1997; Acts 1999,

76th Leg., ch. 1411, Sec. 19.04, eff. Sept. 1, 1999; Acts 2003,

78th Leg., ch. 198, Sec. 2.84(d), eff. Sept. 1, 2003.

Sec. 773.056. APPROVAL OF TRAINING PROGRAMS; CERTIFICATION OF

INSTRUCTORS, EXAMINERS, AND COORDINATORS. (a) The department

shall approve each course or training program that meets the

minimum standards adopted under Section 773.050.

(b) The department shall issue a certificate to each program

instructor, examiner, or course coordinator who meets the minimum

standards adopted under Section 773.050. The certificate is valid

for two years. The department shall charge a fee of not more than

$10 to replace a lost or stolen certificate.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 255, eff. Sept. 1,

1991; Acts 1995, 74th Leg., ch. 915, Sec. 11, eff. Aug. 28, 1995;

Acts 2003, 78th Leg., ch. 198, Sec. 2.84(e), eff. Sept. 1, 2003.

Sec. 773.057. EMERGENCY MEDICAL SERVICES PROVIDERS LICENSE. (a)

An emergency medical services provider must submit an

application for a license in accordance with procedures

prescribed by the board.

(b) A nonrefundable application and vehicle fee determined by

the board must accompany each application. The application fee

may not exceed $500 for each application and the vehicle fee may

not exceed $180 for each emergency medical services vehicle

operated by the provider.

(c) The department may delegate vehicle inspections to the

commissioners court of a county or the governing body of a

municipality. The delegation must be made:

(1) at the request of the commissioners court or governing body;

and

(2) in accordance with criteria and procedures adopted by the

board.

(d) The commissioners court of a county or governing body of a

municipality that conducts inspections under Subsection (c) shall

collect and retain the fee for vehicles it inspects.

(e) In addition to any other qualifications that an emergency

medical services provider must possess to obtain the type of

license sought, all emergency medical services providers must

possess the qualifications required for a basic emergency medical

services provider under Section 773.042.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 256, eff. Sept. 1,

1991; Acts 1995, 74th Leg., ch. 915, Sec. 12, eff. Aug. 28, 1995;

Acts 2003, 78th Leg., ch. 198, Sec. 2.84(f), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

305, Sec. 3, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1034, Sec. 6, eff. September 1, 2005.

Sec. 773.0571. REQUIREMENTS FOR PROVIDER LICENSE. The

department shall issue to an emergency medical services provider

a license that is valid for two years if the department is

satisfied that:

(1) the emergency medical services provider has adequate staff

to meet the staffing standards prescribed by this chapter and the

rules adopted under this chapter;

(2) each emergency medical services vehicle is adequately

constructed, equipped, maintained, and operated to render basic

or advanced life support services safely and efficiently;

(3) the emergency medical services provider offers safe and

efficient services for emergency prehospital care and

transportation of patients; and

(4) the emergency medical services provider complies with the

rules adopted by the board under this chapter.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 257, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 915, Sec. 13, eff.

Aug. 28, 1995.

Sec. 773.0572. PROVISIONAL LICENSES. The board by rule shall

establish conditions under which an emergency medical services

provider who fails to meet the minimum standards prescribed by

this chapter may be issued a provisional license. The department

may issue a provisional license to an emergency medical services

provider under this chapter if the department finds that issuing

the license would serve the public interest and that the provider

meets the requirements of the rules adopted under this section. A

nonrefundable fee of not more than $30 must accompany each

application for a provisional license.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 258, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 915, Sec. 14, eff.

Aug. 28, 1995; Acts 2003, 78th Leg., ch. 198, Sec. 2.84(g), eff.

Sept. 1, 2003.

Sec. 773.058. VOLUNTEERS EXEMPT FROM FEES. An individual who is

an emergency medical services volunteer is exempt from the

payment of fees under Section 773.055 if the individual does not

receive compensation for providing emergency medical services. If

an individual accepts compensation during the certification

period, the individual shall pay to the department a prorated

application fee for the duration of the certification period. In

this section, "compensation" does not include reimbursement for

actual expenses for medical supplies, gasoline, clothing, meals,

and insurance incurred in providing emergency medical services.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 259, eff. Sept. 1,

1991; Acts 1991, 72nd Leg., ch. 605, Sec. 5, eff. Sept. 1, 1991.

Sec. 773.0581. PROVIDERS EXEMPT FROM FEES. (a) An emergency

medical services provider is exempt from the payment of fees

under this subchapter if the provider uses emergency medical

services volunteers exclusively to provide emergency prehospital

care. However, an emergency medical services provider is not

disqualified from the exemption if the provider compensates

physicians who provide medical supervision and not more than five

full-time staff or their equivalent.

(b) This chapter does not prohibit an emergency medical services

provider who uses volunteer emergency medical services personnel

but has more than five paid staff from using the word "volunteer"

in advertising if the organization is composed of at least 75

percent volunteer personnel.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 260, eff. Sept. 1,

1991.

Sec. 773.059. LATE RECERTIFICATION. (a) A person who is

otherwise eligible to renew a certificate may renew an unexpired

certificate by paying the required renewal fee to the department

before the expiration date of the certificate. A person whose

certificate has expired may not engage in activities that require

certification until the certificate has been renewed.

(b) A person whose certificate has been expired for 90 days or

less may renew the certificate by paying to the department a

renewal fee that is equal to 1-1/2 times the normally required

renewal fee.

(c) A person whose certificate has been expired for more than 90

days but less than one year may renew the certificate by paying

to the department a renewal fee that is equal to two times the

normally required renewal fee.

(d) A person whose certificate has been expired for one year or

more may not renew the certificate. The person may become

certified by complying with the requirements and procedures,

including the examination requirements, for an original

certification.

(e) A person who was certified in this state, moved to another

state, and is currently certified or licensed and has been in

practice in the other state for the two years preceding the date

of application may become certified without reexamination. The

person must pay to the department a fee that is equal to two

times the normally required renewal fee for certification.

(f) Not later than the 30th day before the date a person's

certificate is scheduled to expire, the department shall send

written notice of the impending expiration to the person at the

person's last known address according to the records of the

department.

(g) A person certified by the department who is deployed in

support of military, security, or other action by the United

Nations Security Council, a national emergency declared by the

president of the United States, or a declaration of war by the

United States Congress is eligible for recertification under

Section 773.050 on the person's demobilization for one calendar

year after the date of demobilization.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 261, eff. Sept. 1,

1991; Acts 1991, 72nd Leg., ch. 605, Sec. 6, eff. Sept. 1, 1991;

Acts 1993, 73rd Leg., ch. 251, Sec. 3,