Current through Reg. 49, No. 38; September 20, 2024
(a) Purpose. This section lists guidelines
and criteria for establishing the eligibility of persons with criminal
backgrounds for certification or continued certification as emergency medical
services (EMS) personnel or licensure or continued licensure as paramedics. The
Department of State Health Services (department) will apply the requirements of
the Health and Safety Code, Chapter 773, Subchapter C, and will consider and
review the criteria listed in the Health and Safety Code, Chapter 773,
Subchapter C, §§773.0615, 773.0616, and 773.0617, to determine a
person's EMS certification eligibility before enrollment in an EMS education
and training course, or to determine whether to deny, suspend or revoke an EMS
certification or paramedic license based upon the person's criminal
history.
(b) Department Access to
Criminal History Record Information.
(1) The
department is entitled to obtain criminal history information maintained by the
Department of Public Safety, the Federal Bureau of Investigation Identification
Division, or any other law enforcement agency to investigate and determine the
EMS certification eligibility of a person who has filed a petition for a
pre-enrollment criminal history prescreening or an initial application for EMS
certification or a reciprocity application for EMS certification or paramedic
licensure or the continued certification/licensure eligibility of a certificant
or licensed paramedic.
(2) A person
who has filed a petition for a pre-enrollment criminal history prescreening or
an initial application for EMS certification or a reciprocity application for
EMS certification or licensure or an EMS certificant or licensed paramedic who
has disclosed a criminal history record or who has a known criminal history
record shall timely submit a complete set of his or her fingerprints along with
the appropriate processing fee to the Texas Department of Public Safety (DPS),
as required under the Government Code, §
411.087
and/or §411.110.
(3) With
respect to a prescreening petitioner or an applicant for EMS certification or
licensure who has a criminal history record, the department is authorized to
close a petition or application file and deem that the petition or application
is withdrawn when the petitioner or applicant has failed to respond to the
department's request(s) for information during its prescreening or
investigation within 60 days of said request(s).
(c) Petition for Criminal History
Prescreening. The department may provide a prescreening criminal history record
check for persons interested in pursuing an EMS certification or licensure to
determine the person's eligibility for certification before enrolling in an EMS
educational or training program approved by the department. A petition for
prescreening is not considered an application for initial or renewal
certification or licensure. To request a criminal history prescreening, the
petitioner shall:
(1) submit a completed
Petition for Criminal History Prescreening form;
(2) submit a nonrefundable fee of
$50;
(3) complete and return all
Criminal History Prescreening documents provided to the petitioner by the
department and timely provide documents and information requested by the
department;
(4) submit his or her
complete fingerprints along with the appropriate processing fee to the Texas
Department of Public Safety, as required under the Government Code, §
411.087
and/or §411.110;
(5) submit or
arrange for submission of all court documentation to the department, including
final court orders noting sentencing information, conditions of probation,
releases from probation, revocation of probation, and any other information
relating to the petitioner's criminal history, or other information requested
by the department;
(6) shall inform
the department of any new court actions or petitioner's criminal activities
that have developed or become a part of his or her criminal history, to
include, but not be limited to, any new arrests, criminal charges or
indictments, criminal investigations, motions to revoke probation, etc. since
filing the prescreening petition with the department; and/or
(7) be subject to a department criminal
history investigation, if and when the petitioner subsequently files an
application for EMS certification.
(d) Limitation on Information Required for
Certification/License Renewal. For the renewal of an EMS certification or
paramedic license, the department:
(1) may
not require an applicant to provide any unchanged criminal history information
already included in one or more of the applicant's previously filed initial or
renewal applications for EMS certification or paramedic licensure;
and
(2) may require the applicant
to provide only new information relevant to the period occurring since the date
of the applicant's last initial or renewal application for EMS certification or
paramedic licensure, including information relevant to any new department
requirement applicable to the certification or license held by the
applicant.
(e) Criminal
History Evaluation Criteria.
(1) For a person
who has been convicted of, or placed on deferred adjudication community
supervision or deferred disposition for any offense, other than those listed
under paragraph (5) of this subsection, that relates directly to the duties and
responsibilities of EMS personnel, the department may:
(A) deny to the person an initial or renewed
EMS certification or paramedic licensure or the person's opportunity to take a
certification or paramedic licensure examination;
(B) disqualify the person's eligibility to
acquire an EMS certificate or paramedic license; or
(C) revoke or suspend the person's EMS
certification or paramedic license.
(2) In determining whether an offense, other
than those listed under paragraph (5) of this subsection relates directly to
the duties and responsibilities of EMS personnel, the department shall consider
and review the following:
(A) the Health and
Safety Code, Chapter 773, Subchapter C, §773.0615;
(B) the nature and seriousness of the
crime;
(C) the relationship of the
crime to the purposes for requiring a certificate or license to engage in the
occupation;
(D) the extent to which
involvement in EMS would afford a certificant or licensee an opportunity to
engage in further criminal activity of the same type as that in which the
person previously has been involved; and
(E) the relationship of the crime to the
ability, capacity, or fitness required to perform the duties and discharge the
responsibilities of the EMS profession.
(3) In determining the fitness to perform the
duties and discharge the responsibilities of emergency medical services
personnel for a person who has been convicted of, or placed on deferred
adjudication community supervision or deferred disposition for, any offense
other than those listed under paragraph (5) of this subsection the department
shall consider, in addition to the factors listed in paragraph (2) of this
subsection:
(A) the extent and nature of the
person's past criminal activity;
(B) the age of the person when the crime was
committed;
(C) the amount of time
that has elapsed since the person's last criminal activity;
(D) the conduct and work activity of the
person before and after the criminal activity;
(E) evidence of the person's rehabilitation
or rehabilitative effort while incarcerated, after release, or since imposition
of deferred adjudication community supervision, or receiving deferred
disposition; and
(F) other evidence
of the person's fitness, including letters of recommendation from:
(i) prosecutors, law enforcement officers,
correctional officers, or community supervision officers who prosecuted,
arrested, or had custodial or other responsibility for the person;
(ii) the sheriff or chief of police in the
community where the person resides; and
(iii) any other person in contact with the
person.
(G) the
petitioner, applicant, certificant, or licensed paramedic has the
responsibility, to the extent possible, to obtain and provide to the department
the recommendations of the persons required by subparagraph (F) of this
paragraph; and
(H) in addition to
providing evidence related to the factors under paragraph (2) of this
subsection, the petitioner, applicant, certificant, or licensed paramedic shall
furnish proof in the form required by the department that the petitioner,
applicant, certificant, or licensed paramedic has:
(i) maintained a record of steady
employment;
(ii) supported the
applicant's or certificate holder's dependents;
(iii) maintained a record of good conduct;
and
(iv) paid all outstanding court
costs, supervision fees, fines, and restitution ordered in any criminal case in
which the petitioner, applicant, certificant, or licensed paramedic has been
convicted, been placed on deferred adjudication community supervision, or
received deferred disposition.
(4) The following crimes are considered to
directly relate to the certification and licensure of EMS personnel because of
their nature and seriousness and because they impact the ability to carry out
the duties and responsibilities associated with patient care and public safety
and shall be considered and reviewed:
(A)
offenses under the Health and Safety Code, Chapter 773;
(B) under the Transportation Code, except
offenses for which points are assessed under the Transportation Code, §
708.052;
(C) offenses under the Alcoholic Beverage
Code;
(D) offenses under the Health
and Safety Code, Texas Controlled Substances Act, Chapters 481, 482 and 483,
relating to substance abuse;
(E)
offenses under Department of Public Safety of the State of Texas, Government
Code, Chapter 411, Subchapter H, relating to the license to carry a concealed
handgun;
(F) offenses under the
following titles of the Texas Penal Code:
(i)
Title 4 - offenses of attempting or conspiring to commit any of the offenses in
this clause;
(ii) Title 5 -
offenses against the person;
(iii)
Title 6 - offenses against the family;
(iv) Title 7 - offenses against
property;
(v) Title 8 - offenses
against public administration;
(vi)
Title 9 - offenses against public order and decency;
(vii) Title 10 - offenses against public
health, safety, and morals; and/or
(viii) Title 11 - offenses involving
organized crime.
(G)
Offenses listed in subparagraph (F)(i) - (viii) of this paragraph are not
exclusive in that the department may consider similar criminal convictions from
other state, federal, foreign or military jurisdictions which, although not
listed in subparagraph (F)(i) - (viii) of this paragraph indicate the lack of
ability, capacity, or fitness of the individual to perform the duties and
responsibilities of EMS personnel.
(5) A person shall be disqualified from
eligibility to acquire an EMS certification, or a person's initial or renewal
application for EMS certification or paramedic licensure shall be denied, or a
person's EMS certification or paramedic license, whether active or inactive,
shall be revoked if the petitioner, applicant, certificant, or licensed
paramedic is convicted of or placed on deferred adjudication community
supervisor or deferred disposition, on or after September 1, 2009, for:
(A) an offense listed in Code of Criminal
Procedure, Article 42.12, §3g(a)(1)(A) - (H), as follows:
(i) murder;
(ii) capital murder;
(iii) indecency with a child;
(iv) aggravated kidnapping;
(v) aggravated sexual assault;
(vi) aggravated robbery;
(vii) substance abuse offenses, as described
in Health and Safety Code, Chapter 481, for which punishment is increased
under:
(I) Health and Safety Code, §
481.140,
regarding the use of a child in the commission of an offense; or
(II) Health and Safety Code, §
481.134(c),
(d), (e) or (f), regarding an offense
committed within a drug free zone, if it is shown that the defendant has been
previously convicted of an offense for which punishment was increased under one
of those subsections.
(viii) sexual assault;
(B) an offense, other than an offense
described by subparagraph (A) of this paragraph, committed on or after
September 1, 2009, for which the person is subject to register as a sex
offender under Code of Criminal Procedure, Chapter 62.
(f) Documentation Required During
Criminal History Prescreening or Investigation. During a criminal history
prescreening or investigation, it shall be the responsibility of the
prescreening petitioner, applicant for EMS certification or paramedic
licensure, or certificant or licensed paramedic to obtain and send to the
department for each criminal offense in his or her criminal history the entire
court record, including final court orders noting sentencing information,
conditions of probation, revocation of or release from probation, and any other
information relating to the petitioner's criminal history, or requested by the
department, along with any recommendations of the prosecution, and/or law
enforcement and/or correctional authorities regarding the offense(s). The
petitioner, applicant, certificant, or licensed paramedic shall also furnish
documentation acceptable to the department of prior/current employment status,
evidence of court-ordered and/or voluntary rehabilitation, evidence of good
conduct in their community, and evidence of payment of all outstanding court
costs, supervision fees, fines, and restitution as ordered in the criminal
cases in which they have been convicted, placed on deferred adjudication
community supervision, deferred disposition.
(g) Notice and Appeal Procedures. Notice and
appeal procedures in §
157.36(d)
and (e) of this title (relating to Criteria
for Denial and Disciplinary Actions for EMS Personnel and Applicants and
Voluntary Surrender of a Certificate or License) applicable for a person that
the department proposes disqualification from eligibility to acquire an EMS
certification, or denial of an application for EMS certification or paramedic
licensure, or suspension or revocation of a EMS certification or paramedic
license based on the requirements and/or criteria outlined in this section as
it relates to a person's criminal history record for any offense other than
those listed under subsection (e)(5) of this section.
