Current through Reg. 49, No. 38; September 20, 2024
(a) 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 EMS continuing education
consists of educational activities 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.
(b) Local Credentialing
and Authorization to Practice. Nothing in this section is intended to restrict
the authority of EMS providers or medical directors to establish higher
standards and requirements for continuing education activities that must be
completed to acquire or maintain authorization to practice within a local or
regional EMS system.
(c) Content
requirements. Candidates at each certification level shall, at a minimum,
accrue department-approved CE in the following content areas.
Attached
Graphic
(d)
Definitions. The following words and terms, when used in this section shall
have the following meanings, unless the context clearly indicates otherwise:
(1) Accrediting agency--An organization
approved by the department as having met predetermined criteria to approve
programs and providers of EMS continuing education.
(2) Approved--Recognized as having met
established standards and pre-determined criteria of the accrediting agencies
which have been approved by the department. Applies to EMS continuing education
providers and programs.
(3)
Continuing Education Audit--Examination and verification of EMS continuing
education contact hours claimed to have been successfully and timely completed
by certified or licensed EMS personnel.
(4) Classroom instruction--Workshops,
seminars, conferences, or short-term courses that an individual personally
attends and which is directly related to one of the content areas noted in
subsection (c) of this section.
(5)
Clinical learning experiences--Faculty-planned and guided learning experiences
designed to assist students to meet course objectives in the noted content
areas of subsection (c) of this section and to apply EMS knowledge and skills
in the direct care of patients. These experiences can include settings in
laboratories, acute medical care facilities, extended medical care facilities,
and participation in other department approved health related activities.
Practice approved by the Texas Higher Education Coordinating Board may also be
considered a form of clinical experience under these rules.
(6) Contact hour--Fifty consecutive minutes
of participation in a learning activity.
(7) Continuing education--Educational
activities that are related to the content areas noted in subsection (c) of
this section 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.
(8) Continuing education
program--An organized educational activity designed and evaluated to meet a set
of behavioral objectives, which may be presented in one session, or a series of
sessions, designed to enhance or elevate EMS knowledge and practice of
certified or licensed EMS personnel.
(9) Credit course--A specific set of learning
experiences offered at a regionally accredited institution of higher education
for semester or quarter credit hours.
(10) Continuing Education Provider--An
individual, partnership, organization, agency, or institution that offers EMS
continuing education programs, courses, credit courses, classroom instruction,
or other EMS educational activities.
(11) Course--An organized and specific set of
learning experiences offered by an approved provider. Courses include credit
and continuing education courses, short-term courses, organized clinical
learning experiences and other coherent sequences of learning experiences,
approved by the department.
(12)
Self-directed study--An educational activity in which the learner takes the
initiative and the responsibility for assessing, planning, implementing, and
evaluating the activity. Self-directed study may include program development,
home study, electronically programmed instruction, and authorship.
(e) Types of Acceptable Continuing
Education.
(1) In this section "approved
educational activities" refers to workshops, seminars, conferences, short-term
courses, credit courses or continuing education courses provided by accredited
institutions of higher education, clinical learning experiences, individualized
instruction, distributive learning courses, and other learning activities that
are related to EMS approved protocols and skills or that enhance the
professional EMS practice of the certified or licensed EMS personnel.
(2) Continuing education contact hours
applied toward EMS recertification or relicensure may be earned by
participating in approved educational activities that are offered or sponsored
by:
(A) A continuing education provider,
approved under subsection (g) of this section.
(B) A hospital or other health-care facility
accredited by the Joint Commission on Accreditation of Health Care
Organizations.
(C) A person,
agency, entity, or organization approved by the department as an EMS continuing
education provider.
(D) A person,
agency, entity, or organization recognized by a national association or
organization representing members of the emergency medical services profession
that has been approved by the department.
(E) A state or national organization in a
related field such as medicine, nursing, respiratory care, and similar fields
of health care practice that has been approved by the department.
(3) Developing, teaching or
presenting activities defined in paragraph (1) of this subsection.
(A) Precepting students in the clinical or
field internship phases of Initial education. Contact hours for precepting of
students may be accrued only in Additional Approved Category content
area.
(B) Participating in a
self-directed study of an EMS related topic or issue that results in the
participant making written findings and conclusions of the study which becomes
published in an EMS related textbook, or in a state or national EMS related
journal or magazine, or which results in the presentation of the findings and
conclusions of the study in a department approved workshop, seminar, conference
or class, and which is directed toward, or is applicable to, the EMS
profession.
(f) Activities Unacceptable as Continuing
Education. The following activities are not acceptable toward re-certification
or re-licensure.
(1) Education incidental to
the regular professional activities of EMS personnel such as learning occurring
from experience or personal research which is not published.
(2) Orientation programs sponsored by
employers to provide employees with information about the philosophy, goals,
policies, procedures, role expectations, and physical facilities of a specific
workplace.
(3) Meetings and
activities such as in-service programs that are required as part of employment
unless the in-service training is a type of acceptable continuing education
under subsection (e) of this section.
(4) Organizational activity such as serving
on committees, councils, or as an officer or board member in a professional
organization.
(5) Institutions of
higher education credit courses that are audited.
(6) Courses in basic cardiopulmonary
resuscitation or other instructional activities designed for lay persons,
including first aid courses.
(7)
Any experience that does not fit the types of acceptable continuing education
defined under subsection (e) of this section.
(8) Any identical CE repeated more than once
during the accrual period.
(g) Approval of Continuing Education
Provider.
(1) No person, agency, entity, or
organization shall offer continuing education for emergency medical services
personnel unless the department has authorized that person, agency, entity, or
organization to be an approved continuing education provider.
(2) A person, agency, entity, or organization
seeking approval as a continuing education provider shall file an application
with the department along with a nonrefundable fee of $60 in accordance with
the course approval process described in §
157.32
of this title (relating to Emergency Medical Services Education Program and
Course Approval).
(3) The applicant
shall certify on the application that:
(A) all
programs offered by the provider for EMS continuing education will comply with
the appropriate criteria defined in subsection (h) of this section;
(B) the provider shall be responsible for
verifying successful completion by a participant of each program and shall
provide a certificate of completion to the participants; and
(C) the provider shall be responsible for
verifying that continuing education program(s) has physician medical oversight
when the education is involving patient care.
(4) The department may require applicants for
approval as continuing education providers to:
(A) demonstrate they possess the financial,
administrative, and educational resources necessary to provide the type(s) of
educational activities proposed; and
(B) provide evidence that they are capable of
designing and delivering educational activities that comply with the
appropriate criteria defined in subsection (h) of this section.
(h) Criteria for
Acceptable Continuing Education Activity.
(1)
The following criteria have been established to guide EMS personnel in
selecting appropriate programs and to guide providers of EMS continuing
education in planning and presenting activities. The following criteria shall
apply to all activities except those involving self-directed study concluding
in a published writing or a presentation, as described in subsection (g)(3)(B)
of this section.
(A) The program's content,
teaching methodologies, and evaluation methods shall be based on written
learning objectives which are specific, attainable, measurable, and descriptive
of expected learner outcomes.
(B)
The target audience shall be identified and there shall be evidence of program
planning based on the needs of the potential target audience.
(C) Content shall be relevant to emergency
medical services practice and/or health care, shall be related to and
consistent with the program's objectives, and shall provide for the
professional growth and/or maintenance of the certificant or
licensee.
(D) Principles of adult
education shall be used in the design and delivery of the program.
(E) There shall be documentation of the
program developer's expertise in the content area.
(F) Learning experiences and teaching methods
shall be appropriate to achieve the objectives of the program.
(G) Time allotted for each activity shall be
sufficient for the learner to meet the objectives of the program.
(H) The program shall include activities to
evaluate participant achievement of the program's learning objectives with
clearly defined, stated criteria for successful completion.
(I) Participants shall complete a written
evaluation of the program and instruction. Regional, State and/or National
conferences may be exempt from this requirement.
(J) The continuing education provider shall
timely furnish each participant with a written record of the participant's
successful completion of the EMS educational activity. The record shall specify
the name of the continuing education provider, the title, date and location of
the educational activity, a description of the content area, the number of
contact hours awarded, and the name of the organization granting
approval.
(K) Program records of a
continuing education provider shall be maintained by the provider for a minimum
period of five years from the date of the program completion and shall include
target audience, objectives, and documentation of instructor qualifications,
teaching strategies and materials, evaluation instruments and results, and a
list of names of participants.
(2) Classroom Instruction. In addition to the
criteria listed in paragraph (1) of this subsection, programs consisting of or
including a component of classroom or laboratory instruction shall meet the
following criteria.
(A) The program shall be
at least one contact hour in length.
(B) There shall be documentation of the
instructor's expertise in the content area.
(C) A schedule of the program shall be
provided which describes content with corresponding time frames.
(D) Facilities and educational resources
shall be adequate to implement the program.
(3) Clinical Instruction. In addition to the
criteria listed in paragraph (1) of this subsection, programs consisting of or
including a component of clinical instruction shall meet the following
criteria.
(A) There shall be documentation of
a formal relationship between the program's provider and all facilities serving
as sites for clinical instruction.
(B) Facilities used for clinical instruction
must provide access to types of patients in sufficient variety and number to
enable students to meet the program's objectives.
(C) Individuals who possess appropriate
expertise and credentials shall provide clinical supervision and
instruction.
(D) Continuing
education student participants shall possess appropriate insurance for
professional liability while engaging in clinical activities.
(E) Provide a name and contact information
for the designated infection control officer and document education for the
designated infection control officer based on U.S. Code, Title 42, Chapter 6A,
Subchapter XXIV, Part G, §300ff-136.
(4) Individualized Instruction. In addition
to the criteria listed in paragraph (1) of this subsection, programs consisting
of individualized instruction, including programmed instruction, directed
study, or directed research shall meet the following criteria.
(A) Instruction shall follow a logical
sequence based on the program's stated learning objectives.
(B) Instruction shall involve the learner in
an active response to the educational materials presented.
(C) The amount of instructional time applied
shall be appropriate to the learning objectives specified.
(D) Provider shall insure that contact hours
are awarded to the actual certificant to whom intended.
(5) Individual submission by the participant
of study activity for review by the department. The following information must
be submitted for review.
(A) A course
syllabus defining the content, the learning objectives, the dates and times of
presentation, and the number of contact hours.
(B) A description of the presenters'
qualifications and expertise.
(C)
Verification by the presenter of successful participation.
(i) Additional Criteria for
Specific Continuing Education Programs. In addition to those listed in
subsection (h) of this section, the following guidelines shall apply to the
selection and/or planning and implementation of specific CE programs.
(1) Semester or quarter credit hour courses.
(A) The course shall be within the framework
of a curriculum that leads to a degree in emergency medical services or any
credit hour course relevant to emergency health care.
(B) Certified or licensed EMS personnel, upon
audit, shall be able to present an official transcript or official evidence
indicating successful completion of the course with a passing grade.
(2) Certified or licensed EMS
personnel, upon request by the department, shall provide documentation on the
accredited institution's letterhead giving the name of program, location,
dates, subjects taught, and total clock hours of teaching or instruction for
all continuing education activity, including credit hour courses. Documentation
may include course completion certificates, diplomas, and/or
transcripts.
(3) Authorship.
(A) Certified or licensed EMS personnel may
receive EMS continuing education contact hours for participating in an approved
self-directed study that results in the participant making written findings and
conclusions of the study which becomes published in an EMS related textbook, or
in a state or national EMS related journal or magazine, or which results in the
presentation of the findings and conclusions of the study in a department
approved workshop, seminar, conference or class, and which is directed toward,
or is applicable to, the EMS profession.
(B) Continuing education contact hours shall
be awarded only once to the certificant or licensee making written findings and
conclusions that result from a department approved self-directed study that
becomes published or presented as described in subparagraph (3)(A) of this
paragraph.
(4) Out of
state programs. A continuing education activity successfully attended and
completed or undertaken in a jurisdiction outside Texas may be accepted for
continuing education if all criteria are met and if it is approved by the
department.
(j)
Responsibilities of certified or licensed EMS personnel.
(1) It shall be the responsibility of the
certified or licensed EMS personnel to select and participate in continuing
education activities that meet the criteria listed in subsection (h) and (i) of
this section.
(2) 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 five years after the dates of completion. These
records shall document successful completion, specifying the name of the EMS
continuing education provider, the title, description, date, and location of
the educational activity, a description of the content area, the number of
contact hours awarded, and the organization granting approval. Complete and
accurate copies of these shall be timely submitted to the department upon the
department's request.
(3) Complete
and accurate copies of this written documentation shall be timely submitted to
the department upon the department's request.
(k) Audit.
(1) The department may audit the records of
individuals seeking recertification through continuing education.
(2) The department may audit specific
certified or licensed EMS personnel in response to a complaint, or if there is
reason to suspect that the certified or licensed EMS personnel may have given
false or inaccurate information about the continuing education requirements
completed.
(3) An audit shall be
automatic for certified or licensed EMS personnel who have been found
non-compliant in an immediately preceding audit.
(4) Failure to notify the department of a
current mailing address shall not absolve the certificant from audit
requirements.
(5) Within 30 days
following notification of audit, certified or licensed EMS personnel shall
submit documentation as specified in subsection (j)(2) of this section and any
additional documentation the department determines is necessary to verify
compliance with continuing education requirements.
(6) The department may use on-site
observation, audits of records, and other appropriate methods to evaluate the
performance of continuing education providers. Evaluation of a continuing
education provider may take place randomly, in response to a complaint, or if
there is reason to suspect that a continuing education provider is not
complying with the criteria established by subsections (h) and (i) of this
section.
(7) Falsification of CE
documentation or official evidence of completion of CE shall be cause for
reprimand, probation, suspension, or revocation of a certificate or license as
described in §
157.36
of this title (relating to Criteria for Denial and Disciplinary Actions for EMS
Personnel and Voluntary Surrender of a Certificate or License).
(8) Falsification of CE documentation or
official evidence of completion by a CE provider or failure to comply with the
criteria established by subsections (h) and (i) of this section shall be cause
for reprimand, probated suspension, suspension, or revocation of
approval.
(l) For all
applications and renewal applications, the department is authorized to collect
subscription and convenience fees, in amounts determined by the Texas Online
Authority, to recover costs associated with application and renewal application
processing through Texas Online.