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AN ACT
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relating to the certification of and disciplinary actions against |
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emergency medical services personnel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 53.002, Occupations Code, is amended to |
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read as follows: |
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Sec. 53.002. APPLICABILITY OF CHAPTER. This chapter does |
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not apply to: |
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(1) the Supreme Court of Texas, a person licensed |
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under the court's authority on behalf of the judicial department of |
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government, or an applicant for a license issued under the court's |
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authority on behalf of the judicial department of government; |
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(2) a peace officer or an applicant for a license as a |
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peace officer described by Article 2.12, Code of Criminal |
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Procedure; [or] |
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(3) an applicant for certification as emergency |
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medical services personnel under Chapter 773, Health and Safety |
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Code; or |
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(4) a person who: |
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(A) is licensed by the Texas [State Board of] |
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Medical Board [Examiners], the Texas State Board of Pharmacy, the |
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State Board of Dental Examiners, or the State Board of Veterinary |
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Medical Examiners; and |
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(B) has been convicted of a felony under Chapter |
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481 or 483 or Section 485.033, Health and Safety Code. |
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SECTION 2. Section 773.050, Health and Safety Code, is |
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amended by amending Subsections (b), (c), (d), (e), and (f) and |
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adding Subsection (h) to read as follows: |
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(b) The executive commissioner [board] by rule shall |
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establish minimum standards for: |
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(1) staffing an advanced life-support emergency |
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medical services vehicle, a mobile intensive-care unit, or a |
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specialized emergency medical services vehicle; |
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(2) emergency medical services personnel |
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certification and performance, including provisional |
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certification, certification, decertification, recertification, |
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suspension, emergency suspension, and probation; |
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(3) the approval of courses and training programs, the |
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certification of program instructors, examiners, and course |
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coordinators for emergency medical services personnel training, |
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and the revocation and probation of an approval or certification; |
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(4) examinations of emergency medical services |
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personnel; |
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(5) medical supervision of basic and advanced |
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life-support systems; |
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(6) granting, suspending, and revoking a license for |
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emergency medical services providers; and |
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(7) emergency medical services vehicles. |
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(c) The executive commissioner [board] shall consider the |
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education, training, criminal background, and experience of allied |
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health professionals in adopting the minimum standards for |
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emergency medical services personnel certification and may |
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establish criteria for interstate reciprocity of emergency medical |
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services personnel. Each out-of-state application for |
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certification must be accompanied by a nonrefundable fee of not |
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more than $120. The executive commissioner [board] may also |
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establish criteria for out-of-country emergency medical services |
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personnel certification. Each out-of-country application for |
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certification must be accompanied by a nonrefundable fee of not |
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more than $180. |
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(d) The executive commissioner [board] may not adopt a rule |
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that requires any system, service, or agency to provide advanced |
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life-support or staffing beyond basic life-support levels except |
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for providers of: |
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(1) advanced life-support emergency medical services; |
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(2) mobile intensive care; or |
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(3) specialized emergency medical services. |
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(e) The executive commissioner [board] shall adopt minimum |
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standards for recognition of first responder organizations. |
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(f) The executive commissioner [board] shall recognize, |
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prepare, or administer continuing education programs for certified |
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personnel. A certificate holder must participate in the programs |
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to the extent required by the executive commissioner [board] to |
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remain certified. |
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(h) The department may provide a prescreening criminal |
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history record check for an emergency medical services personnel |
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applicant to determine the applicant's eligibility to receive |
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certification before enrollment in the educational and training |
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requirements mandated by the executive commissioner. The |
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department may charge a reasonable fee for the costs associated |
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with prescreening to each applicant who requests prescreening. |
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SECTION 3. Subchapter C, Chapter 773, Health and Safety |
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Code, is amended by adding Sections 773.0614, 773.0615, 773.0616, |
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and 773.0617 to read as follows: |
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Sec. 773.0614. AUTHORITY TO REVOKE, SUSPEND, DISQUALIFY |
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FOR, OR DENY CERTIFICATION OF EMERGENCY MEDICAL SERVICES PERSONNEL |
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FOR CERTAIN CRIMINAL OFFENSES. (a) In addition to the grounds |
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under Section 773.061, the commissioner may suspend or revoke a |
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certificate, disqualify a person from receiving a certificate, or |
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deny a person the opportunity to take a certification examination |
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on the grounds that the person has been convicted of, or placed on |
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deferred adjudication community supervision or deferred |
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disposition for, an offense that directly relates to the duties and |
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responsibilities of emergency medical services personnel. |
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(b) For purposes of Subsection (a), the department may not |
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consider offenses for which points are assessed under Section |
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708.052, Transportation Code. |
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(c) A certificate holder's certificate shall be revoked if |
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the certificate holder is convicted of or placed on deferred |
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adjudication community supervision or deferred disposition for: |
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(1) an offense listed in Sections 3g(a)(1)(A) through |
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(H), Article 42.12, Code of Criminal Procedure; or |
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(2) an offense, other than an offense described by |
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Subdivision (1), committed on or after September 1, 2009, for which |
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the person is subject to registration under Chapter 62, Code of |
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Criminal Procedure. |
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Sec. 773.0615. FACTORS CONSIDERED IN SUSPENSION, |
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REVOCATION, OR DENIAL OF CERTIFICATE. (a) In determining whether |
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an offense directly relates to the duties and responsibilities of |
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emergency medical services personnel under Section 773.0614(a), |
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the commissioner shall consider: |
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(1) the nature and seriousness of the crime; |
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(2) the relationship of the crime to the purposes for |
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requiring certification to engage in emergency medical services; |
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(3) the extent to which certification might offer an |
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opportunity to engage in further criminal activity of the same type |
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as that in which the person previously had been involved; and |
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(4) the relationship of the crime to the ability, |
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capacity, or fitness required to perform the duties and discharge |
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the responsibilities of emergency medical services personnel. |
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(b) In determining the fitness to perform the duties and |
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discharge the responsibilities of emergency medical services |
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personnel for a person who has been convicted of, or placed on |
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deferred adjudication community supervision or deferred |
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disposition for, a crime the commissioner shall consider, in |
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addition to the factors listed in Subsection (a): |
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(1) the extent and nature of the person's past criminal |
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activity; |
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(2) the age of the person when the crime was committed; |
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(3) the amount of time that has elapsed since the |
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person's last criminal activity; |
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(4) the conduct and work activity of the person before |
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and after the criminal activity; |
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(5) evidence of the person's rehabilitation or |
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rehabilitative effort while incarcerated, after release, or since |
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imposition of community supervision or deferred adjudication; and |
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(6) other evidence of the person's fitness, including |
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letters of recommendation from: |
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(A) prosecutors, law enforcement officers, |
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correctional officers, or community supervision officers who |
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prosecuted, arrested, or had custodial or other responsibility for |
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the person; |
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(B) the sheriff or chief of police in the |
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community where the person resides; and |
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(C) any other person in contact with the person. |
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(c) The applicant or certificate holder has the |
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responsibility, to the extent possible, to obtain and provide to |
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the commissioner the recommendations of the persons required by |
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Subsection (b)(6). |
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(d) In addition to providing evidence related to the factors |
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under Subsection (b), the applicant or certificate holder shall |
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furnish proof in the form required by the department that the |
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applicant or certificate holder has: |
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(1) maintained a record of steady employment; |
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(2) supported the applicant's or certificate holder's |
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dependents; |
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(3) maintained a record of good conduct; and |
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(4) paid all outstanding court costs, supervision |
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fees, fines, and restitution ordered in any criminal case in which |
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the applicant or certificate holder has been convicted, been placed |
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on community supervision, or received deferred adjudication. |
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Sec. 773.0616. PROCEEDINGS GOVERNED BY ADMINISTRATIVE |
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PROCEDURE ACT; GUIDELINES. (a) A proceeding before the |
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commissioner to consider the issues under Section 773.0615 is |
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governed by Chapter 2001, Government Code. |
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(b) The executive commissioner shall issue guidelines |
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relating to the commissioner's decision-making under Sections |
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773.0614 and 773.0615. The guidelines must state the reasons a |
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particular crime is considered to relate to emergency medical |
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services personnel and include any other criterion that may affect |
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the decisions of the commissioner. |
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(c) The executive commissioner shall file the guidelines |
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with the secretary of state for publication in the Texas Register. |
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(d) The department annually shall issue any amendments to |
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the guidelines. |
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Sec. 773.0617. NOTICE AND REVIEW OF SUSPENSION, REVOCATION, |
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DISQUALIFICATION FOR, OR DENIAL OF CERTIFICATION. (a) If the |
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commissioner suspends or revokes a certification, denies a person a |
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certificate, or denies the opportunity to be examined for a |
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certificate under Section 773.0614, the commissioner shall notify |
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the person in writing of: |
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(1) the reason for the suspension, revocation, denial, |
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or disqualification; |
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(2) the review procedure provided by Subsection (b); |
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and |
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(3) the earliest date the person may appeal the action |
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of the commissioner. |
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(b) A person whose certificate has been suspended or revoked |
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or who has been denied a certificate or the opportunity to take an |
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examination and who has exhausted the person's administrative |
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appeals may file an action in the district court in Travis County |
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for review of the evidence presented to the commissioner and the |
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decision of the commissioner. |
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(c) The petition for an action under Subsection (b) must be |
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filed not later than the 30th day after the date the commissioner's |
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decision is final. |
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SECTION 4. Not later than January 1, 2010, the executive |
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commissioner of the Health and Human Services Commission shall |
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issue the guidelines required by Section 773.0616(b), Health and |
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Safety Code, as added by this Act. |
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SECTION 5. The changes in law made by this Act to Chapter |
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773, Health and Safety Code, apply only to an application for |
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certification or renewal of certification of emergency medical |
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services personnel submitted on or after January 1, 2010. |
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SECTION 6. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2845 was passed by the House on May 5, |
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2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2845 on May 29, 2009, by the following vote: Yeas 140, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2845 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |