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AN ACT
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relating to the licensing and regulation of emergency medical |
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services providers and a moratorium on the issuance of emergency |
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medical services provider licenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 773.0571, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 773.0571. REQUIREMENTS FOR PROVIDER LICENSE. The |
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department shall issue to an emergency medical services provider |
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applicant a license that is valid for two years if the department is |
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satisfied that: |
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(1) the applicant [emergency medical services
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provider] has adequate staff to meet the staffing standards |
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prescribed by this chapter and the rules adopted under this |
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chapter; |
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(2) each emergency medical services vehicle is |
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adequately constructed, equipped, maintained, and operated to |
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render basic or advanced life support services safely and |
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efficiently; |
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(3) the applicant [emergency medical services
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provider] offers safe and efficient services for emergency |
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prehospital care and transportation of patients; [and] |
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(4) the applicant: |
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(A) possesses sufficient professional experience |
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and qualifications to provide emergency medical services; and |
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(B) has not been excluded from participation in |
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the state Medicaid program; |
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(5) the applicant holds a letter of approval issued |
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under Section 773.0573 by the governing body of the municipality or |
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the commissioners court of the county in which the applicant is |
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located and is applying to provide emergency medical services, as |
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applicable; and |
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(6) the applicant [emergency medical services
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provider] complies with the rules adopted [by the board] under this |
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chapter. |
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SECTION 2. Subchapter C, Chapter 773, Health and Safety |
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Code, is amended by adding Sections 773.05711, 773.05712, and |
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773.05713 to read as follows: |
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Sec. 773.05711. ADDITIONAL EMERGENCY MEDICAL SERVICES |
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PROVIDER LICENSE REQUIREMENTS. (a) In addition to the |
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requirements for obtaining or renewing an emergency medical |
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services provider license under this subchapter, a person who |
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applies for a license or for a renewal of a license must: |
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(1) provide the department with a letter of credit |
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issued by a federally insured bank or savings institution in the |
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amount of: |
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(A) $100,000 for the initial license and for |
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renewal of the license on the second anniversary of the date the |
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initial license is issued; |
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(B) $75,000 for renewal of the license on the |
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fourth anniversary of the date the initial license is issued; |
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(C) $50,000 for renewal of the license on the |
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sixth anniversary of the date the initial license is issued; and |
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(D) $25,000 for renewal of the license on the |
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eighth anniversary of the date the initial license is issued; |
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(2) if the applicant participates in the medical |
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assistance program operated under Chapter 32, Human Resources Code, |
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the Medicaid managed care program operated under Chapter 533, |
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Government Code, or the child health plan program operated under |
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Chapter 62 of this code, provide the Health and Human Services |
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Commission with a surety bond in the amount of $50,000; and |
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(3) submit for approval by the department the name and |
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contact information of the provider's administrator of record who |
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satisfies the requirements under Section 773.05712. |
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(b) An emergency medical services provider that is directly |
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operated by a governmental entity is exempt from this section. |
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Sec. 773.05712. ADMINISTRATOR OF RECORD. (a) The |
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administrator of record for an emergency medical services provider |
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licensed under this subchapter: |
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(1) may not be employed or otherwise compensated by |
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another private for-profit emergency medical services provider; |
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(2) must meet the qualifications required for an |
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emergency medical technician or other health care professional |
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license or certification issued by this state; and |
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(3) must submit to a criminal history record check at |
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the applicant's expense. |
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(b) Section 773.0415 does not apply to information an |
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administrator of record is required to provide under this section. |
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(c) An administrator of record initially approved by the |
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department may be required to complete an education course for new |
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administrators of record. The executive commissioner shall |
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recognize, prepare, or administer the education course for new |
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administrators of record, which must include information about the |
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laws and department rules that affect emergency medical services |
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providers. |
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(d) An administrator of record approved by the department |
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under Section 773.05711(a) annually must complete at least eight |
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hours of continuing education following initial approval. The |
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executive commissioner shall recognize, prepare, or administer |
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continuing education programs for administrators of record, which |
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must include information about changes in law and department rules |
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that affect emergency medical services providers. |
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(e) Subsection (a)(2) does not apply to an emergency medical |
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services provider that held a license on September 1, 2013, and has |
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an administrator of record who has at least eight years of |
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experience providing emergency medical services. |
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(f) An emergency medical services provider that is directly |
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operated by a governmental entity is exempt from this section. |
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Sec. 773.05713. REPORT TO LEGISLATURE. Not later than |
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December 1 of each even-numbered year, the department shall |
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electronically submit a report to the lieutenant governor, the |
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speaker of the house of representatives, and the standing |
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committees of the house and senate with jurisdiction over the |
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department on the effect of Sections 773.05711 and 773.05712 that |
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includes: |
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(1) the total number of applications for emergency |
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medical services provider licenses submitted to the department and |
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the number of applications for which licenses were issued or |
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licenses were denied by the department; |
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(2) the number of emergency medical services provider |
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licenses that were suspended or revoked by the department for |
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violations of those sections and a description of the types of |
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violations that led to the license suspension or revocation; |
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(3) the number of occurrences and types of fraud |
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committed by licensed emergency medical services providers related |
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to those sections; |
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(4) the number of complaints made against licensed |
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emergency medical services providers for violations of those |
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sections and a description of the types of complaints; and |
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(5) the status of any coordination efforts of the |
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department and the Texas Medical Board related to those sections. |
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SECTION 3. Subchapter C, Chapter 773, Health and Safety |
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Code, is amended by adding Section 773.0573 to read as follows: |
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Sec. 773.0573. LETTER OF APPROVAL FROM LOCAL GOVERNMENTAL |
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ENTITY. (a) An emergency medical services provider applicant must |
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obtain a letter of approval from: |
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(1) the governing body of the municipality in which |
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the applicant is located and is applying to provide emergency |
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medical services; or |
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(2) if the applicant is not located in a municipality, |
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the commissioners court of the county in which the applicant is |
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located and is applying to provide emergency medical services. |
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(b) A governing body of a municipality or a commissioners |
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court of a county may issue a letter of approval to an emergency |
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medical services provider applicant who is applying to provide |
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emergency medical services in the municipality or county only if |
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the governing body or commissioners court determines that: |
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(1) the addition of another licensed emergency medical |
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services provider will not interfere with or adversely affect the |
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provision of emergency medical services by the licensed emergency |
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medical services providers operating in the municipality or county; |
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(2) the addition of another licensed emergency medical |
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services provider will remedy an existing provider shortage that |
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cannot be resolved through the use of the licensed emergency |
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medical services providers operating in the municipality or county; |
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and |
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(3) the addition of another licensed emergency medical |
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services provider will not cause an oversupply of licensed |
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emergency medical services providers in the municipality or county. |
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(c) An emergency medical services provider is prohibited |
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from expanding operations to or stationing any emergency medical |
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services vehicles in a municipality or county other than the |
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municipality or county from which the provider obtained the letter |
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of approval under this section until after the second anniversary |
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of the date the provider's initial license was issued, unless the |
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expansion or stationing occurs in connection with: |
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(1) a contract awarded by another municipality or |
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county for the provision of emergency medical services; |
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(2) an emergency response made in connection with an |
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existing mutual aid agreement; or |
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(3) an activation of a statewide emergency or disaster |
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response by the department. |
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(d) This section does not apply to: |
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(1) renewal of an emergency medical services provider |
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license; or |
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(2) a municipality, county, emergency services |
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district, hospital, or emergency medical services volunteer |
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provider organization in this state that applies for an emergency |
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medical services provider license. |
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SECTION 4. Subchapter C, Chapter 773, Health and Safety |
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Code, is amended by adding Section 773.06141 to read as follows: |
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Sec. 773.06141. SUSPENSION, REVOCATION, OR DENIAL OF |
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EMERGENCY MEDICAL SERVICES PROVIDER LICENSE. (a) The commissioner |
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may suspend, revoke, or deny an emergency medical services provider |
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license on the grounds that the provider's administrator of record, |
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employee, or other representative: |
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(1) has been convicted of, or placed on deferred |
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adjudication community supervision or deferred disposition for, an |
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offense that directly relates to the duties and responsibilities of |
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the administrator, employee, or representative, other than an |
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offense for which points are assigned under Section 708.052, |
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Transportation Code; |
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(2) has been convicted of or placed on deferred |
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adjudication community supervision or deferred disposition for an |
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offense, including: |
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(A) an offense listed in Sections 3g(a)(1)(A) |
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through (H), Article 42.12, Code of Criminal Procedure; or |
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(B) an offense, other than an offense described |
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by Subdivision (1), for which the person is subject to registration |
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under Chapter 62, Code of Criminal Procedure; or |
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(3) has been convicted of Medicare or Medicaid fraud, |
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has been excluded from participation in the state Medicaid program, |
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or has a hold on payment for reimbursement under the state Medicaid |
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program under Subchapter C, Chapter 531, Government Code. |
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(b) An emergency medical services provider that is directly |
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operated by a governmental entity is exempt from this section. |
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SECTION 5. Section 773.0571, Health and Safety Code, as |
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amended by this Act, and Section 773.0573, Health and Safety Code, |
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as added by this Act, apply only to an application for approval of |
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an emergency medical services provider license submitted to the |
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Department of State Health Services on or after the effective date |
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of this Act. An application submitted before the effective date of |
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this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 6. The change in law made by this Act applies only |
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to an application for approval or renewal of an emergency medical |
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services provider license submitted to the Department of State |
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Health Services on or after the effective date of this Act. An |
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application submitted before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2013. |
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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. 3556 was passed by the House on May 3, |
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2013, by the following vote: Yeas 126, Nays 2, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3556 on May 24, 2013, by the following vote: Yeas 139, Nays 3, |
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3 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. 3556 was passed by the Senate, with |
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amendments, on May 22, 2013, 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 |