Current through Reg. 49, No. 38; September 20, 2024
(a) Purpose. The
purpose of this section is to set out the time periods by which the Texas
Department of State Health Services (department) reviews applications for
completeness and processes applications to make an eligibility determination of
applicants for various Emergency Medical Services (EMS) certifications,
licenses and approvals. This section does not apply to applications for trauma
facility designation, but does apply to applications for the following:
(1) EMS Provider License,
(2) First Responder Organization (FRO)
license;
(3) EMS Personnel
Certifications;
(4) Paramedic
Licenses;
(5) EMS Personnel
Certification or Paramedic License via Reciprocity;
(6) EMS Personnel Certification or Paramedic
License via Upgrade;
(7) EMS Course
Coordinator certification;
(8) EMS
Instructor Certification;
(9) EMS
Information Operator Certification;
(10) Comprehensive Clinical Management
Program (CCMP) Approval;
(11) EMS
Education Program Approval;
(12)
EMS Course Approval;
(13) EMS
Continuing Education Provider Approval;
(14) EMS Information Operator Instructor
Certification;
(15) EMS Information
Operator Training Program Approval, and
(16) EMS Information Operator Instructor
Training Program Approval.
(b) Period for Processing Initial or Renewal
Application. This period begins on the date the department receives for review
and processing a fully completed written initial or renewal application for any
of those certifications, licenses or approvals listed in subsection (a)(1) -
(16) of this section and ends on the date the department issues the
certification or license, or sends a written notice proposing to deny granting
the certification, license or approval. The certification, license or approval
may be sent to the applicant in lieu of sending a notice of acceptance of an
application.
(1) This period will be no more
than 60 calendar days.
(2) This
period will be no more than 120 calendar days for an EMS provider license
initial applicant, seeking a variance from eligibility requirements.
(3) This period may be no more than 180 days
for an applicant of whom the department is conducting a criminal background
investigation.
(4) If the
department receives information from any other person or source that would
cause the department to begin a criminal background investigation of an
applicant, this period may be no more than 180 days from the date the
department sends written notice that it's conducting a criminal background
investigation.
(5) This period may
be longer than noted periods, if an application is deficient and becomes
subject to a continuing review of the application.
(6) This period may be longer than noted
periods, if the department proposes to deny the granting of a license,
certification or approval and the applicant timely requests an administrative
appeal hearing, thus causing a final determination to be made pursuant to
timelines relative to Texas Government Code, Chapter 2001 and the department's
appeal rules in this chapter.
(c) Period for Continuing Review of an
Initial or Renewal Application.
(1)
Incomplete Information. If an initial or renewal application is incomplete, the
department will send written notice to the applicant that it is deficient and
will specify what information is required to cure all deficiencies and make it
complete and acceptable for filing. If the department is conducting a criminal
background investigation of the applicant during its application review, it may
send the applicant a request for information needed for its investigation to
determine the applicant's continued eligibility. The department will send such
notice, and/or request, by the 30th day of its receipt of a deficient
application or receipt of information giving cause for a criminal background
investigation. Once an application is subject to a continuing review of the
application, the 60 day period for the department either to issue, or propose
to deny, the license, certification or approval will be extended based upon the
applicant's timeliness in providing the information and other factors related
to the department's reviewing and processing the application.
(A) Application Deficiency. If an application
deficiency is based upon an absence of information required to make the
application complete for filing, the applicant shall provide the required
information to the department by the 30th day from the date that the department
sent a written request for required information to cure the application's
deficiencies.
(B) Eligibility
Deficiency. If an application deficiency is based upon the applicant's lack of
fulfilling an eligibility requirement(s) that causes an absence of information
required to make the application complete for filing, the applicant shall
provide written notification to the department of such along with a time
estimate as to when such eligibility requirement(s) will be fulfilled and shall
do so by the 30th day from the date that the department sent a written request
for required information to cure the application's deficiencies.
(C) Criminal Background Investigation. If the
department is conducting a criminal background investigation of the applicant
during its application review and sends the applicant a request for information
needed for its criminal background investigation, the applicant shall provide
such requested information by the 30th day from the date that the department
sent a written request for the required information.
(2) Second Attempt to Cure Incomplete
Information.
(A) Application Deficiency
Information. If the applicant timely provides any written information that
attempts to respond to a notice of application deficiencies, but which still
does not cure said deficiencies, the department will send a second written
notice specifying what information is required to cure the deficiencies. The
department will send this second written notice by the 30th day from the day it
receives the information that attempts to satisfy its earlier request. The
applicant shall provide the requested information to the department by the 30th
day from the date the department sent its second written request for required
information to cure the application's deficiencies.
(B) Criminal Background Information - If the
applicant timely provides any written information or documentation that does
not completely fulfill an earlier request for information needed for a criminal
background investigation, the department will send a second written notice
specifying what information is needed for its investigation. The department
will send this second written notice by the 30th day from the day it receives
the information that attempts to satisfy its earlier request. The applicant
shall provide the requested information to the department by the 30th day from
the date the department sent its second written request for information needed
for its investigation.
(3) Complete Information. If the applicant
timely provides information that cures application deficiencies and fully
completes the application for filing or satisfactorily provides the requested
information needed for a criminal background investigation to determine
applicant's continuing eligibility, the department, by the 60th day from the
date that the department receives such information, will either issue the
certification, license or approval or send a written notice proposing to deny
granting the certification, license or approval.
(4) Failure to Cure Initial Application
Deficiencies or Provide Complete Information.
(A) If the department does not timely receive
from the initial applicant any information in response to the department's
first or second written notice of initial application deficiencies and request
for curing information, the initial application is deemed to be withdrawn
and/or void on the 30th day from the date the department sent its request, and
the initial application fee is forfeited.
(B) If the department does not timely receive
from the initial applicant the requested information needed for its criminal
background investigation to determine the initial applicant's continued
eligibility, the department may propose to deny granting the initial
certification, license or approval.
(5) Failure to Cure Initial Application
Deficiencies Related to Eligibility Requirements.
(A) If an initial application for EMS
Personnel Certifications, Paramedic Licenses, EMS Personnel Certification or
Paramedic License via Reciprocity, EMS Personnel Certification or Paramedic
License via Upgrade, EMS Course Coordinator certification, EMS Instructor
Certification, EMS Information Operator Certification, EMS Information Operator
Instructor Certification, is deficient because the applicant has not yet
fulfilled certain eligibility requirements, outlined in this chapter, and the
applicant has timely notified the department of such, the department may
withhold making its determination to either grant or propose denying the
certification or license for not more than two years after the application's
filing date. If the applicant fails to timely provide the department with
written substantial proof noting fulfillment of certain eligibility
requirements, thus making the application complete for filing, within two years
after the application filing date, the application is deemed to be withdrawn
and/or void and the application fee is forfeited.
(B) If an initial application for an EMS
Provider License, FRO license, EMS Education Program Approval, EMS Course
Approval, EMS Continuing Education Provider Approval, EMS Information Operator
Training Program Approval, or EMS Information Operator Instructor Training
Program Approval, is deficient because the applicant has not yet fulfilled
certain eligibility requirements, outlined in this chapter, and the applicant
has timely notified the department of such, the department may withhold making
its determination to either grant or propose denying the certification, license
or approval for not more than six months after the application's filing date.
If the applicant fails to timely provide the department with information or
written substantial proof noting fulfillment of certain eligibility
requirements, thus making the application complete for filing, within six
months after the application filing date, the application is deemed to be
withdrawn and/or void and the application fee is forfeited.
(d) Timeliness Issues
Regarding a Renewal Application.
(1)
Continuance of License. If the department receives a sufficiently complete
timely filed renewal application along with the full amount of the renewal fee
prior to midnight of the expiration date of the certificate, license or
approval to be renewed, the certificate, license or approval does not expire,
but continues during the department's review of the application for
completeness or, if applicable, its criminal background investigation of the
applicant and continues during its processing of the application to make a
determination either to grant, or propose to deny, the renewal of the
certification, license or approval.
(2) Expiration of License. If the department
does not timely receive a renewal application and the correct amount of renewal
fee, or only receives the application but not the full amount of the renewal
fee prior to midnight of the expiration date of the certificate, license or
approval to be renewed, then the certificate, license or approval expires at
midnight of the expiration date. Even if the applicant untimely files the
application with the full amount of the fee, the department will review the
application for completeness and if the application is complete or later
becomes timely completed, it will then process the application to determine
eligibility either to renew, or otherwise to propose to deny the renewal of,
the certification, license or approval. During that review and processing
period, the person or entity will not be certified, licensed, or approved. If
renewal is granted, the renewed license, certification or approval will begin
on the date the department grants it, which most likely will not be on the date
immediately following the expiration date. An untimely filed EMS provider
renewal application will require the applicant to file an initial application
and to meet EMS provider license requirements in effect for an initial
applicant at that time.
(3) Uncured
Application Deficiencies. If the department does not timely receive from the
applicant any information in response to the department's first or second
written notice(s) of application deficiencies and request(s) for curing
information, the department may propose to deny renewal of the license,
certification or approval.
(4)
Incomplete Requested Criminal Background Information. If the department does
not timely receive from the applicant any requested information needed to
complete its criminal background investigation to determine the applicant's
continued eligibility, the department may propose to deny renewal of the
certification.
(5) Proposed Denial
of Renewal. If the department proposes to deny renewal for failure to timely
provide requested information to cure application deficiencies or requested
information to complete a criminal background information or for failure to
meet eligibility requirements, and sends, via United States mail, written
notice to the applicant proposing to deny renewal of the certification, license
or approval and if the department timely receives from the applicant a written
request for an administrative appeal hearing, the certificate, license or
approval continues past its expiration date until a final determination is made
pursuant to Texas Government Code, Chapter 2001 and the department's appeal
rules in this chapter.
(e) Notice to Last Known Address. The
department will send letters, noting application deficiencies or other
correspondence requesting necessary information, via U.S. mail, to the
applicant's last known address on file with the department, unless it later
changes its manner or policy on its notification process. It is the applicant's
responsibility to timely notify the department of any change in its mailing
address within ten days of such address change.
(f) Prolonged Application Review Process by
the Department. If the application review process is prolonged due to
circumstances surrounding a general investigation or criminal background
investigation of the applicant or due to any other administrative procedure
within the department or other unexpected event, the department may extend the
final review period regarding its review of the application and its making a
final determination of the applicant's eligibility for initial or renewal
certification, license or approval.
(g) Reimbursement of fees.
(1) In the event the application is not
processed within the time periods as stated in subsections (b) and (c) of this
section, the applicant has the right to request of the director of the Office
of EMS and Trauma Systems full reimbursement of all filing fees paid in that
particular application process. If the director does not agree that the
established periods have been violated or finds that good cause existed for
exceeding the established periods, the request will be denied.
(2) Good cause for exceeding the period
established is considered to exist if:
(A)
the number of applications for licenses, registrations, certifications, and
permits as appropriate to be processed exceeds by 15% or more the number
processed in the same calendar quarter the preceding year;
(B) another public or private entity utilized
in the application process caused the delay; or
(C) other conditions existed giving good
cause for exceeding the established periods.
(h) Appeal. If the request for full
reimbursement authorized by subsection (g) of this section is denied, the
applicant may then appeal to the commissioner of health for a resolution of the
dispute. The applicant shall give written notice to the commissioner that it
requests full reimbursement of all filing fees paid because its application was
not processed within the adopted time period. The director shall submit a
written report to the commissioner, with a copy provided to the applicant, of
the facts related to the processing of the application and good cause for
exceeding the established time periods. The commissioner will review the report
and any documentation submitted by the applicant, make the final decision on
the matter, and provide written notification of his or her decision to the
applicant and the director.
(i)
Sufficiently Complete Timely Filed Renewal Application. A renewal application
that the department timely has received before the expiration date of a
certificate, license or approval that contains all of the following:
(1) correct, legible, dated, and signed by
the applicant on either a department approved paper form or on an online form;
and
(2) the appropriate amount of
application fee that has cleared the applicant's financial
institution.
