A Critique of the Proposed National Education Policy Reform
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Jurisprudence presentation1
1. STATE LAWS AND HOW THEY
AFFECT YOU…
JURISPRUDENCE LECTURE
2. WHY FAMILIARIZE YOURSELF WITH
TEXAS EMS LAWS, RULES, AND
POLICIES?
• After completing this 1-hour course, the student will be familiar with
various laws and regulations for Texas that govern EMS
certificants/licensees and EMS systems. This course and exam also
meet the requirements for Texas EMS certificants/licensees to
produce evidence of completion of a Texas Jurisprudence exam for
recertification or relicensure purposes.
3. WHY FAMILIARIZE YOURSELF WITH
TEXAS EMS LAWS, RULES, AND
POLICIES?
• The student will:
• 1. Familiarize and review the Texas Department of State Health
Services (TDSHS) website where EMS rules and regulations are
posted.
• 2. Familiarize and review the following rules and regulations
from the Texas Administrative Code (TAC), Title 25
4. WHY FAMILIARIZE YOURSELF WITH
TEXAS EMS LAWS, RULES, AND
POLICIES?
• Graduating from a Texas Licensed EMS Education program, we are
required to familiarize you with TX laws, rules and policies.
• Want to make sure you have all the information you will need to
function in EMS in Texas.
• All Texas EMS personnel are required to be familiarized with Texas
EMS laws, rules and policies and to stay up to date with changes.
• This will help you avoid breathing the laws, rules, or policies and
potentially being the subject or object of litigation.
5. WHY FAMILIARIZE YOURSELF WITH
TEXAS EMS LAWS, RULES, AND
POLICIES?
• Successful litigation against you could lead to loss of your
certification, license, fines, and even jail time.
• Note: you have to also familiarize yourself with the specific laws for
your state or country governing EMS if not in Texas.
• Beginning renewal in 2017, Texas will now require that all EMS
personnel complete a Jurisprudence training and exam as part of
certification/licensure.
6. WHERE TO
START FIRST
• https://www.dshs.texas.gov/emstrau
masystems/
• Welcome to the home page of the
DSHS program that regulates EMS
and trauma systems in Texas. This
website contains information about
EMS certification and licensure,
trauma designation, how to contact
us and more.
• Draft rules area posted here.
• Links to statutes, rules and policies
are also on this page.
7. STUDYING THE RULES, LAWS, AND
POLICIES
• Here’s a couple of way to do this:
• 1. Print out the rules, place them in a binder, so you can review them.
• 2. If you have 2 computer screens, keep the rules open on 1 screen for
reference.
• Read the rules in its entirety because some of the questions just will
spotlight some issues, not all issues.
• Always refresh yourselves on the rules and rule changes regularly.
8. IMPORTANT LAWS THAT GOVERN
WHAT YOU DO AND YOUR SERVICE
DO
• The Texas Department of State Health Services, EMS and Trauma
Systems is governed by:
• Texas Health & Safety Code; Title 9, Safety
• Chapter 773. Emergency Medical Services
9. IMPORTANT LAWS THAT GOVERN
WHAT YOU DO AND YOUR SERVICE
DO
• http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.773.htm
• Chapter 773. Emergency Medical Services
• 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:
• Staffing ALS, MICU, Specialized ems vehicle
• Ems personnel certification, performance
• Approval of courses and training programs
• Ems exams
• Etc.
10. IMPORTANT LAWS THAT GOVERN
WHAT YOU DO AND YOUR SERVICE
DO
• http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.773.htm
• Chapter 773. Emergency Medical Services
• Sec. 773.0612. ACCESS TO RECORDS. (a) The department or its
representative is entitled to access to records and other documents
maintained by a person that are directly related to patient care or to
emergency medical services personnel to the extent necessary to enforce this
chapter and the rules adopted under this chapter. A person who holds a
license or certification or an applicant for a certification or license is
considered to have given consent to a representative of the department
entering and inspecting a vehicle or place of business in accordance with
this chapter.
• (b) A report, record, or working paper used or developed in an investigation
under this section is confidential and may be used only for purposes
consistent with department rules.
11. IMPORTANT LAWS THAT GOVERN
WHAT YOU DO AND YOUR SERVICE
DO
• http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.773.htm
• Chapter 773. Emergency Medical Services
• Sec. 773.064. CRIMINAL PENALTIES. (a) A person commits an
offense if the person knowingly practices as, attempts to practice as, or
represents himself to be an emergency medical technician-paramedic,
advanced emergency medical technician, emergency medical technician,
emergency care attendant, or licensed paramedic and the person does
not hold an appropriate certificate issued by the department under this
chapter. An offense under this subsection is a Class A misdemeanor.
12. IMPORTANT LAWS THAT GOVERN
WHAT YOU DO AND YOUR SERVICE
DO
• A person commits an offense if the person knowingly practices as,
attempts to practice as, or represents himself to be an emergency
medical technician-paramedic, advanced emergency medical
technician, emergency medical technician, emergency care
attendant, or licensed paramedic and the person does not hold an
appropriate certificate issued by the department under this chapter.
An offense under this subsection is a _____
13. IMPORTANT LAWS THAT GOVERN
WHAT YOU DO AND YOUR SERVICE
DO
• Class A misdemeanor criminal offense
14. IMPORTANT LAWS THAT GOVERN
WHAT YOU DO AND YOUR SERVICE
DO
• TITLE 25 HEALTH SERVICES
• PART 1 DEPARTMENT OF STATE HEALTH SERVICES
• CHAPTER 157 EMERGENCY MEDICAL CARE
• SUBCHAPTER A EMERGENCY MEDICAL SERVICES - PART A
• RULE §157.2 Definitions
• https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=P&p_rlo
c=182737&p_tloc=14993&p_ploc=1&pg=77&p_tac=&ti=25&pt=1&ch=157&rl=11
• Words and terms, when used in these sections, shall have the following meanings,
unless the context clearly indicates otherwise
The Next rule you should review and gain familiarity.
15. IMPORTANT LAWS THAT GOVERN
WHAT YOU DO AND YOUR SERVICE
DO
• TITLE 25 HEALTH SERVICES
• PART 1 DEPARTMENT OF STATE HEALTH SERVICES
• CHAPTER 157 EMERGENCY MEDICAL CARE
• SUBCHAPTER B EMERGENCY MEDICAL SERVICES PROVIDER LICENSES
• RULE §157.11 Requirements for an EMS Provider License
• Purpose: Acquiring, issuing, and maintaining an EMS Providers License.
• AOR: the EMS provider is required to have an administrator of record as per Health and Safety
Code, §773.0571 or §773.05712.
The Next rule you should review and gain familiarity.
16. IMPORTANT LAWS THAT GOVERN
WHAT YOU DO AND YOUR SERVICE
DO
• AOR: the EMS provider is required to have an administrator of record as per Health and Safety Code, §773.0571
or §773.05712. .
• Minimum Staffing Required.
• (1) BLS--When response-ready or in-service, authorized EMS vehicles operating at the BLS level shall be staffed at a
minimum with two emergency care attendants (ECAs).
• (2) BLS with ALS capability--When response-ready or in-service below ALS two ECAs. Full ALS status becomes active
when staffed by at least an emergency medical technician (EMT)-Intermediate or AEMT and at least an EMT.
• (3) BLS with MICU capability--When response-ready or in-service below MICU two ECAs. Full MICU status becomes
active when staffed by at least a certified or licensed paramedic and at least an EMT.
• (4) ALS--When response-ready or in-service, authorized EMS vehicles operating at the ALS level shall be staffed at a
minimum with one EMT Basic and one AEMT or EMT- Intermediate.
• (5) ALS with MICU capability--When response-ready or in-service below MICU shall require one EMT-Intermediate or
AEMT and one EMT. Full MICU status becomes active when staffed by at least a certified or licensed paramedic and at
least an EMT.
• (6) MICU--When response-ready or in-service, authorized EMS vehicles operating at the MICU level shall be staffed
at a minimum with one EMT Basic and one certified or licensed EMT-Paramedic.
• (7) Specialized--When response-ready or in-service, EMS vehicles authorized to operate for a specialized purpose
shall be staffed with a minimum of two personnel appropriately licensed and/or certified as determined by the type
and application of the specialized purpose and as approved by the medical director and the department.
17. IMPORTANT LAWS THAT GOVERN
WHAT YOU DO AND YOUR SERVICE
DO
• Treatment and Transport Protocols Required.
• (1) The applicant shall submit written delegated standing orders for patient treatment and
transport protocols and policies related to patient care which have been approved and signed by the
provider's medical director.
• (2) The protocols shall have an effective date.
• (3) The protocols shall address the use of non-EMS certified or licensed medical personnel who, in
addition to the EMS staff, may provide patient care on behalf of the provider and/or in the
provider's EMS vehicles.
• (4) The protocols shall address the use of all required, additional, and/or specialized medical
equipment, supplies, and pharmaceuticals carried on each EMS vehicle in the provider's fleet.
• (5) The protocols shall identify delegated procedures for each EMS Certification or license level
utilized by the provider.
• (6) The protocols shall indicate specific applications, including geographical area and duty status
of personnel.
18. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO
• EMS Equipment, supplies, medical devices, parenteral solutions and pharmaceuticals.
• (1) The EMS provider shall submit a list, approved and signed by the medical director and fully supportive of
and consistent with the protocols, of all medical equipment, supplies, medical devices, parenteral solutions
and pharmaceuticals to be carried. The list shall specify the quantities of each item to be carried and shall
specify the sizes and types of each item necessary to provide appropriate care for all age ranges appropriate
to the needs of their patients. The quantities listed shall be appropriate to the provider's call volume,
transport times and restocking capabilities.
• (2) All patient care equipment, and medical devices must be operational, appropriately secured in the
vehicle at the time of providing patient care and response ready, and supplies shall be clean and fully
operational. All patient care powered equipment shall have manual mechanical, spare batteries or an
alternative power source, if applicable.
• (3) All solutions and pharmaceuticals shall be up to date and shall be stored and maintained in accordance
with the manufacturer's and/or U.S. Federal Drug Administration (FDA) recommendations.
• (4) The requirements for air ambulance equipment and supplies are listed in 157.12(h) of this title or
§157.13(h) of this title.
19. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO
• Question:
• 1. All patient care equipment, and medical devices must be operational, appropriately
secured in the vehicle at the time of providing patient care and response ready, and supplies
shall be clean and fully operational. All patient care powered equipment shall have manual
mechanical, spare batteries or an alternative power source, if applicable.
True or False
• 2. The protocols shall have an effective date. True or False
• 3. You are the lead paramedic, and working with an EMT. Your partner goes home sick, and
an ECA jumps on with you. What level of service are you now considered?
20. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO
• Answer:
• 1. All patient care equipment, and medical devices must be operational, appropriately
secured in the vehicle at the time of providing patient care and response ready, and supplies
shall be clean and fully operational. All patient care powered equipment shall have manual
mechanical, spare batteries or an alternative power source, if applicable.
True or False
• 2. The protocols shall have an effective date. True or False
• 3. You are the lead paramedic, and working with an EMT. Your partner goes home sick,
and an ECA jumps on with you. What level of service are you now considered?
BLS
21. IMPORTANT LAWS THAT GOVERN
WHAT YOU DO AND YOUR SERVICE
DO -- 157.25
• Purpose. The purpose of this section shall be to establish a statewide OOH-DNR
protocol as required in the Health and Safety Code, Title 2, Chapter 166.
• https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=N&p_rl
oc=182743&p_tloc=&p_ploc=1&pg=27&p_tac=&ti=25&pt=1&ch=157&rl=11
• A very important rule that could affect you during the course of your EMS duties and
career.
TITLE 25 HEALTH SERVICES
PART 1 DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 157 EMERGENCY MEDICAL CARE
SUBCHAPTER B EMERGENCY MEDICAL SERVICES PROVIDER
LICENSES
RULE §157.25 Out-of-Hospital Do Not Resuscitate (OOH-DNR) Order
The Next rule you should review and gain familiarity.
22. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO -- 157.25
• Question:
• 4. You arrive to the scene of a patient who is cyanotic and having difficulty
breathing. The wife of the patient shows a OOH-DNR order. Should you initiate
artificial ventilation?
• 5. You are a paramedic treating and transporting a cancer patient with a OOH-
DNR. His heart rate is getting slower and slower on the EKG. Should you initiate
transcutaneous cardiac pacing?
• 6. Your at scene with a dying patient. The patient brother says the patient has a
OOH DNR but does not have it with him. Patient patient has an appropriate OOH-
DNR bracelet with the ID # on the device. Can you acknowledge this in lieu of the
paper order?
• 7. You have initiated CPR on a patient when the family produces an OOH-DNR.
What should you do?
23. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO -- 157.25
• Answer:
• 4. No, you should not unless there is evidence of a crime or other unusual
circumstances surrounding the death, the patient is pregnant, or the form is filled
out incorrectly or not signed by everyone who needs to sign it.
• 5. No, TCP is one of the five designated treatments not to be administered or
initiated with an OOH-DNR
• 6. Yes, you can. This is specifically allowed by rule but it’s a good idea to familiarize
yourself and your agency with what these look like and how they should appear in
case you are faced with this situation in the field.
• 7. Once it is verified that the form is valid and none of the circumstances outlined
on question 4 above are present, you should stop CPR. Document thoroughly
covering all items outlined in the rule.
24. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO – 157.33
ď‚„ The Next rule you should review and gain familiarity.
ď‚„ TITLE 25 HEALTH SERVICES
ď‚„ PART 1 DEPARTMENT OF STATE HEALTH SERVICES
ď‚„ CHAPTER 157 EMERGENCY MEDICAL CARE
ď‚„ SUBCHAPTER C EMERGENCY MEDICAL SERVICES TRAINING AND COURSE APPROVAL
 RULE §157.33 Certification
25. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO – 157.33
Questions:
8. How old must you be to become certified in Texas?
9. Do you have to have a GED or High School Diploma?
10. When does an EMS volunteer have to pay the certification fee?
11. From what national organization must you receive certification to initially become certified
in Texas?
How many years will a Texas certification remain current?
13. How long following course completion does a candidate have to complete all requirements
for certification before the course completion is no longer considered valid?
14. Within how long after certification has expired can a certificant/licensee apply to go to
“inactive status”?
15. What can lead to denial of reentry certification or decertification while on inactive status?
26. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO – 157.33
Answers:
8. 18 years old
9. Either one
10. When the certificant/licensee plans to or does receive compensation as an EMS
provider.
11. National Registry of EMT’s (NREMT)
12. Four (4) years
13. Two (2) years
14. One (1) year
15. When the certificant/licensee functions in any other capacity other than a
layperson for compensation or as a volunteer while on inactive status.
27. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO – 157.33
Questions:
16. Which NREMT certification level is not eligible for reciprocity at all with Texas?
17. Which NREMT certification level may be required to submit written verification of
proficiency of skills from an approved program?
18. What written or computer based examination must an applicant for reciprocity complete
for Texas certification?
19. What must a candidate for equivalency submit to TDSHS with his/her application and fee
for consideration for certification/licensure?
20. An AEMT fails to complete his patient care report (PCR) to turn in to the EMS service
after a call or in a timely manner following the call per company policies. Is this a breach
of 157.33 by which the AEMT can be held for responsible by TDSHS?
21. Not following approved medical director’s protocol and policies is a breach of 157.33 by
which the certificant/licensee can be held for responsible by TDSHS?
28. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO – 157.33
Answers:
16. First Responder (EMR, ECA)
17. AEMT
18. NREMT assessment exam and state approved jurisprudence exam
19. obtain a course completion document that verifies that the program is satisfied that all
curriculum requirements have been met. Evaluations of curricula conducted by post secondary
educational institutions under this subsection shall be consistent with the institution’s
established policies and procedures for awarding credit by transfer or advanced placement
20. Yes. It is a breach of the law that could lead to administrative penalties described in TAC
157.36
21. Yes. It is a breach of the law that could lead to administrative penalties described in TAC
157.36
29. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO – 157.34
The Next rule you should review and gain familiarity.
TITLE 25 HEALTH SERVICES
PART 1 DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 157 EMERGENCY MEDICAL CARE
SUBCHAPTER C EMERGENCY MEDICAL SERVICES TRAINING AND COURSE APPROVAL
RULE §157.34 Recertification
Questions:
22. The certificant/licensee has completed all required CE and has submitted the application and fee. What
other item must be completed prior to being granted TX renewal of EMS certification?
23. Must a Texas EMS certificant/licensee maintain NREMT certification to maintain TX certification?
24. A certificant/licensee has been deployed overseas by the U.S. military. How long following return does she
have to recertify if her certification lapsed during deployment?
25. A certificant/licensee turned in all recertification requirements on week prior to his expiration date and
the TDSHS website does not show his certification has been renewed after the expiration date. Can he still
work in EMS actively while the renewal is being processed?
30. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO – 157.34
Answers:
22. A state approved jurisprudence examination
23. No, as long as the certificant/licensee meets one of the other recertification options.
24. One year and the certificant/licensee may not function as an EMS care provider
until it is renewed.
25. No, the EMS certificant/licensee who does not turn his/her requirements in early
enough to be processed prior to the expiration date may not work during the lapsed
period or will be subject to administrative penalties, as will the EMS service for whom
he/she works or responds.
31. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO – 157.34
TITLE 25 HEALTH SERVICES
PART 1 DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 157 EMERGENCY MEDICAL CARE
SUBCHAPTER C EMERGENCY MEDICAL SERVICES TRAINING AND COURSE APPROVAL
RULE §157.34 Recertification
Question:
26. A certificant/licensee lapsed while he wasn’t actively working. It has been 14
months since it lapsed. Can she certify through the late recertification process?
27. A certificant/licensee has been on inactive status for 365 days and gets a job offer.
Prior to going back to work in EMS, he has to apply to go back to “active status”. What
is required?
32. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO – 157.34
Answer:
26. No the certificant/licensee must complete a department approved course, receive a
new course completion certificate, and certify through the NREMT course.
27. Must submit state app, pay fee, and complete either option 1 or option 2.
33. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO – 157.36
The Next rule you should review and gain familiarity.
TITLE 25 HEALTH SERVICES
PART 1 DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 157 EMERGENCY MEDICAL CARE
SUBCHAPTER C EMERGENCY MEDICAL SERVICES TRAINING AND COURSE APPROVAL
RULE §157.36 Criteria for Denial and Disciplinary Actions for EMS Personnel and Applicants and Voluntary Surrender of a Certificate or
License
https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=N&p_rloc=182746&p_tloc=14734&p_ploc=1&pg=48&p_tac=&ti=
25&pt=1&ch=157&rl=11
Question:
28. A hospital is receiving a patient from an ems crew. They notice the EMT is behaving erratically and has a strong smell of alcoholic beverage on this breath and
person. They put in an emergency call to the local EMS specialist who arrives and observes the same. What is the most likely action that will be taken at this point by
TDSHS?
29. The EMT in the prior question has how many days to request a hearing?
30. A Paramedic comes on duty and pulls out the daily truck checkoff and fills it out without actually checking out the truck, supplies, and signs it. He states, “the truck
hasn’t left the station in two days. It’s ok.” If this is reported to TDSHS, can the Paramedic be subject to possible disciplinary action?
31. How many business days does a certified or licensed EMS person have to notify the department of his or her being arrested, charged or indicted for a criminal
offense?
34. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO – 157.36
32. Emergency Suspension. The commissioner or his/her designee shall issue an emergency suspension order to
any emergency medical services (EMS) certificant or licensee if the commissioner or his/her designee has
reasonable cause to believe that the conduct of any certificant or licensee creates ______________ to public
health or safety.
33. The Department may suspend, revoke, or refuse to renew an EMS certification or paramedic license, or may
reprimand an EMS certificate holder or licensed paramedic for failing to notify the Department of an arrest, charge
or indictment of a criminal offense. How long does an EMS certificate holder or licensed paramedic have to report
that they were arrested for Driving While Intoxicated to the Department?
34. EMT and Paramedic go to clinic for random UDS. EMT refuses to do it. What disciplinary actions could be
taken against the EMT certification?
35. A paramedic first responder has initiated cardiac monitoring on a patient with chest pain and sob. The
paramedic states “I don’t think she is having a heart attack so you guys can transport without me.” Is this a
potential abandonment issue and can the paramedic be subject to TDSHS administrative penalties?
35. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO – 157.36
Answer:
28. The EMS Specialist in conjunction with higher administrative personnel at TDSHS will most likely place the EMT on emergency
suspension pending an investigation and possible hearing to determine action. A copy of the suspension will be forwarded to the
EMS service and Medical Director under whom the EMT was work for.
29. Fifteen (15) days
30. Yes. This is specifically listed as a violation that could lead TDSHS to determine that the paramedic certificant/licensee should
be suspended or revoked.
31. Five (5) days
32. Imminent danger
33. Five (5) days3
34. Failing to complete a drug screen, at the request of an employer, prior to working an assigned EMS shift.
35. Yes. If it is found that the reasonable paramedic would have considered cardiac involvement (or other serious conditions) that
indicated Paramedic level care and monitoring was indicated, the paramedic certification/licensure can be suspended, probated, or
revoked.
36. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO – 157.37
Question:
36. A paramedic is convicted of possession of drug paraphernalia. He receives a deferred disposition of his
sentence with community service and monthly meetings with a probation officer for one year. He continues to
work at his EMS job and does not notify TDSHS. Since the sentence was deferred, is he subject to TDSHS
penalties?
37. “I have no criminal background issues. Do I still have to do the fingerprinting/background for TDSHS? If so,
doesn’t the one I did for entrance to my school or rotations count?”
The Next rule you should review and gain familiarity.
TITLE 25 HEALTH SERVICES
PART 1 DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 157 EMERGENCY MEDICAL CARE
SUBCHAPTER C EMERGENCY MEDICAL SERVICES TRAINING AND COURSE
APPROVAL
RULE §157.37 Certification or Licensure of Persons With Criminal Backgrounds
37. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO – 157.37
Answer:
36. Yes. The certificant/licensee should have reported to TDSHS immediately and required review. He may have
been put on suspension during the investigation but depending on other factors as outlined in the rule, he might
have avoided being decertified if this was discovered later by TDSHS after the fact.
37. Every new applicant must complete the designated fingerprinting/background check process approved by
TDSHS. The one you do for your school will not count. And the school cannot use the results for the one you
must do for TDSHS certification. These checks and their results are separate.
38. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO – 157.38
The Next rule you should review and gain familiarity.
If you planning to become involved in EMS education, it is important that you not only
know the rules we have covered in this presentation but also the following rules that
follow:
157.32 Emergency Medical Services Education Program and Course Approval
157.38 Continuing Education
157.43 Course Coordinator Certification
157.44 EMS Instructor Certification
39. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO – 157.38
https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=N&p_rloc=146770&p_tloc=14997&p
_ploc=1&pg=50&p_tac=&ti=25&pt=1&ch=157&rl=11
Purpose. The purpose of this section is to establish minimum standards and guidelines for educational
activities that may be used by EMS personnel to earn continuing education (CE) contact hours toward
recertification or relicensure in accordance with §157.34 of this title, (relating to Recertification) and §157.40
of this title, (relating to Paramedic Licensure).
The Next rule you should review and gain familiarity.
TITLE 25 HEALTH SERVICES
PART 1 DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 157 EMERGENCY MEDICAL CARE
SUBCHAPTER C EMERGENCY MEDICAL SERVICES TRAINING AND COURSE
APPROVAL
RULE §157.38 Continuing Education
40. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO
Question:
38. In order for a person to receive one hour of continuing education, that person must complete ____ consecutive
minutes of participation in that learning activity.
39. Educational activities that are related to the content areas and are designed to promote and enrich knowledge,
improve skills, and develop attitudes for the enhancement of professional practice, thus improving the quality of
emergency medical services provided to the public is known as: ____
40. The certified or licensed EMS personnel shall be responsible for maintaining written certifications of successful
completions of EMS continuing education courses or educational activities for ____ years after the dates of
completion.
41. What are the required hours of Continuing Education for an EMT?
42. Certified or licensed EMS personnel may submit ____ indicating successful completion of a semester or credit
hour course with a passing grade.
43. What are the required hours of Continuing Education for an Paramedic?
44. An ECA wants to be an EMS instructor. Can this be done?
41. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO
Answer:
38. 50 minutes
39. continuing education
40. 5 years
41. 72
42. Official transcript
43. 144
44. No the minimum level of certification is EMT to become an EMS instructor.
42. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO
Question:
45. A currently certified EMS instructor is also a Paramedic. His paramedic certification has been emergently
suspended by TDSHS. Does her EMS instructor certification remain valid during this suspension?
46. A certified Advanced Education Coordinator is providing oversight for a Paramedic course. He assigned a
EMS instructor to teach EMS operations with specific objectives to be covered. The instructor decides to do it his
own way and never covers the specific objectives and the overall class fails the exam administered. Can
administrative penalties or other sanctions be done?
47. An EMS instructor arrives to class to teach lab. Whose responsibility is it to ensure that equipment and
supplies are available, clean and in good working order.
48. How long is an EMS instructor certification valid?
49. An EMS instructor is accused of showing favoritism in the classroom and passing some students who did not
meet the established passing criteria. Can the instructor be subject to administrative penalties for this?
43. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO
Answer:
45. No. The EMS certification/licensure must remain current for the EMS instructor certification to remain valid
during the certification period.
46. Yes. Remove the instructor from faculty. Report to TDSHS. If TDSHS investigates and proved valid, TDSHS
may suspend, probate, or revoke the EMS instructor certificate.
47. It’s the instructor’s responsibility.
48. Two (2) years.
49. If the complaint is found to be valid, TDSHS may suspend, probate, or revoke the EMS instructor certificate.
The EMS education program can also take action.
44. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO
Question:
50. An instructor consistently fails to turn in paperwork from skills labs despite multiple warnings by the Coordinator
and some student records are lost as a result. What may happen? Yes. Remove the instructor from faculty.
Report to TDSHS. If TDSHS investigates and proved valid, TDSHS may suspend, probate, or revoke the EMS
instructor certificate. The EMS education program/school can also take individual action against the instructor.
45. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO
Answer:
50. Yes. Remove the instructor from faculty. Report to TDSHS. If TDSHS investigates and proved valid, TDSHS
may suspend, probate, or revoke the EMS instructor certificate. The EMS education program/school can also take
individual action against the instructor.
46. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO
(a) Purpose. The purpose of this section is to establish standards and requirements related to protocols for
delivery of emergency medical information to members of the public during medical emergencies; certification
of emergency medical services (EMS) information operators; approval of training programs for EMS
information operators; certification of EMS information operator instructors; and approval of EMS
information operator instructor training programs.
If you planning to become involved in dispatch/operations, it is important that you not only know
the rules we have covered in this presentation but also the following rules that follow:
RULE §157.49 Emergency Medical Services Operator and Operator Instructor Training and
Certification
47. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO
More Rules are on the horizon and coming soon.
Senate Bill 1462
Rules and laws change regularly, however, it is your responsibility to stay abreast of rule and law changes that may affect you, your service, your
patient care delivery and even how you act in the course of your duties.
Ignorance: the state or fact of being ignorant : lack of knowledge, education, or awareness. This is not an acceptable defense if you break the law.
If you are found guilty, you could have your certification/license suspended, probated, revoked, and could face civil and even criminal penalties up
to and including imprisonment.
The Next rules you should review and gain familiarity that could affect you during the course of
your duties are as follows:
RULE §157.3 Processing EMS Provider Licenses and Applications for EMS Personnel Certification and Licensure
RULE §157.4 Audits
RULE §157.5 Rule Exemption Requests
RULE §157.41 Automated External Defibrillators for Public Access Defibrillation
RULE §157.12 Rotor-wing Air Ambulance Operations
RULE §157.13 Fixed-wing Air Ambulance Operations
RULE §157.14 Requirements for a First Responder Organization License
RULE §157.16 Emergency Suspension, Suspension, Probation, Revocation, Denial of a Provider License or Administrative
Penalties
48. IMPORTANT LAWS THAT GOVERN WHAT
YOU DO AND YOUR SERVICE DO
Whether you are in school to become an EMT, AEMT, Paramedic or EMS instructor, you should make it a point as a professional to
keep up with these changing requirements and be sure you are always functioning within the law.
It is your responsibility.