Texas Health And Safety Code Title 9, Chapter 773 - Emergency Medical Services

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 773.001 - Short Title
  This chapter may be cited as the Emergency Health Care Act. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by:...
• Texas Section 773.002 - Purpose
  The purpose of this chapter is to provide for the prompt and efficient transportation of sick and injured patients, after necessary stabilization, and to encourage...
• Texas Section 773.003 - Definitions
  In this chapter: (1) "Advanced life support" means emergency prehospital care that uses invasive medical acts. (2) "Basic life support" means emergency prehospital care that...
• Texas Section 773.004 - Vehicles And Personnel Excluded From Chapter
  (a) This chapter does not apply to: (1) air transfer that does not advertise as an ambulance service and that is not licensed by the...
• Texas Section 773.0045 - Temporary Exemptions For Emergency Medical Services Personnel Practicing In Rural Area
  (a) In this section, "rural area" means: (1) a county with a population of 50,000 or less; or (2) a relatively large, isolated, and sparsely...
• Texas Section 773.006 - Fund For Emergency Medical Services, Trauma Facilities, And Trauma Care Systems
  (a) The fund for emergency medical services, trauma facilities, and trauma care systems is established as an account in the general revenue fund. Money in...
• Texas Section 773.007 - Supervision Of Emergency Prehospital Care
  (a) The provision of advanced life support must be under medical supervision and a licensed physician's control. (b) The provision of basic life support may...
• Texas Section 773.008 - Consent For Emergency Care
  Consent for emergency care of an individual is not required if: (1) the individual is: (A) unable to communicate because of an injury, accident, or...
• Texas Section 773.009 - Limitation On Civil Liability
  A person who authorizes, sponsors, supports, finances, or supervises the functions of emergency room personnel and emergency medical services personnel is not liable for civil...
• Texas Section 773.011 - Subscription Programs
  (a) An emergency medical services provider may create and operate a subscription program to fund and provide emergency medical services. (b) The executive commissioner shall...
• Texas Section 773.012 - Advisory Council
  (a) The governor shall appoint an advisory council to advise the department regarding matters related to the responsibilities of the executive commissioner, commissioner, and department...
• Texas Section 773.013 - Peer Assistance Program
  The department may establish, approve, and fund a peer assistance program in accordance with Section 467.003 and department rules. Added by Acts 2001, 77th Leg.,...
• Texas Section 773.014 - Administration Of Epinephrine
  (a) An emergency medical services provider and a first responder organization may acquire and possess epinephrine auto-injector devices in accordance with this section. Emergency medical...
• Texas Section 773.015 - Identification Of Certain Patients Receiving Emergency Prehospital Care
  Emergency medical services personnel or emergency room medical or admissions personnel may take the thumbprint of a person who receives emergency prehospital care if the...

SUBCHAPTER B STATE PLAN FOR EMERGENCY SERVICES

• Texas Section 773.016 - Duties Of Emergency Medical Services Personnel; Certain Emergency Prehospital Care Situations
  (a) In this section, "cardiopulmonary resuscitation" has the meaning assigned by Section 166.002. (b) Emergency medical services personnel who are providing emergency prehospital care to...
• Texas Section 773.021 - State Plan
  (a) The department shall develop a state plan for the prompt and efficient delivery of adequate emergency medical services to acutely sick or injured persons....
• Texas Section 773.022 - Service Delivery Areas
  The department shall divide the state into emergency medical services delivery areas that coincide, to the extent possible, with other regional planning areas. Acts 1989,...
• Texas Section 773.023 - Area Plans
  (a) The department shall: (1) identify all public or private agencies and institutions that are used or may be used for emergency medical services in...
• Texas Section 773.024 - Federal Programs
  The department is the state agency designated to develop state plans required for participation in federal programs involving emergency medical services. The department may receive...

SUBCHAPTER C LICENSES, CERTIFICATION, AND QUALIFICATIONS

• Texas Section 773.025 - Accessibility Of Training
  (a) The department shall identify all individuals and public or private agencies and institutions that are or may be engaged in emergency medical services training...
• Texas Section 773.041 - License Or Certificate Required
  (a) A person may not operate, conduct, or maintain an emergency medical service, advertise that the person is an emergency medical services provider, or otherwise...
• Texas Section 773.0415 - Limitation On Information Required For Certificate Renewal
  The requirements and procedures adopted by the executive commissioner for the renewal of a certificate to practice as emergency medical services personnel issued under this...
• Texas Section 773.042 - Basic Life-support Emergency Medical Services Provider Qualifications
  A provider qualifies as a basic life-support emergency medical services provider if it provides a vehicle that is designed for transporting the sick or injured,...
• Texas Section 773.043 - Advanced Life-support Emergency Medical Services Provider Qualifications
  A provider qualifies as an advanced life-support emergency medical services provider if it: (1) meets the requirements of a basic life-support emergency medical services provider;...
• Texas Section 773.044 - Mobile Intensive-care Provider Qualifications
  A provider qualifies as a mobile intensive-care provider if it: (1) meets the requirements of an advanced life-support emergency medical services provider; and (2) has...
• Texas Section 773.045 - Specialized Emergency Medical Services Provider Qualifications
  (a) A provider using a vehicle, including a helicopter, boat, fixed-wing aircraft, or ground vehicle, qualifies as a specialized emergency medical services provider if: (1)...
• Texas Section 773.046 - Emergency Care Attendant Qualifications
  (a) An individual qualifies as an emergency care attendant if the individual is certified by the department as minimally proficient to provide emergency prehospital care...
• Texas Section 773.047 - Emergency Medical Technician Qualifications
  An individual qualifies as an emergency medical technician if the individual is certified by the department as minimally proficient to perform emergency prehospital care that...
• Texas Section 773.048 - Advanced Emergency Medical Technician Qualifications
  An individual qualifies as an advanced emergency medical technician if the individual is certified by the department as minimally proficient to provide emergency prehospital care...
• Texas Section 773.049 - Emergency Medical Technician--paramedic Qualifications
  An individual qualifies as an emergency medical technician-paramedic if the individual is certified by the department as minimally proficient to provide advanced life support that...
• Texas Section 773.0495 - Licensed Paramedic Qualifications
  An individual qualifies as a licensed paramedic if the department determines that the individual is minimally proficient to provide advanced life support that includes initiation...
• Texas Section 773.0496 - Scope Of Emergency Medical Technician-paramedic And Licensed Paramedic Duties
  (a) In this section: (1) "Advanced life support" means health care provided to sustain life in an emergency, life-threatening situation. The term includes the initiation...
• Texas Section 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...
• Texas Section 773.0505 - Rules Regarding Advertising Or Competitive Bidding
  (a) The executive commissioner may not adopt rules restricting advertising or competitive bidding by a license or certificate holder except to prohibit false, misleading, or...
• Texas Section 773.051 - Municipal Regulation
  A municipality may establish standards for an emergency medical services provider that are stricter than the minimum standards of this chapter and department rules adopted...
• Texas Section 773.052 - Variances
  (a) An emergency medical services provider with a specific hardship may apply to the department for a variance from a rule adopted under this chapter....
• Texas Section 773.054 - Applications For Personnel Certification And Training Program Approval
  (a) This section applies to an application for: (1) examination for certification of emergency medical services personnel; (2) approval of a course or training program;...
• Texas Section 773.055 - Certification Of Emergency Medical Services Personnel
  (a) A nonrefundable fee must accompany each application for emergency medical services personnel certification. The fee may not exceed: (1) $90 for an emergency medical...
• Texas Section 773.056 - Approval Of Training Programs; Certification Of Instructors, Examiners, And Coordinators
  (a) The department shall approve each course or training program that meets the minimum standards adopted under Section 773.050. (b) The department shall issue a...
• Texas Section 773.057 - Emergency Medical Services Providers License
  (a) An emergency medical services provider must submit an application for a license in accordance with procedures prescribed by the executive commissioner. (b) A nonrefundable...
• Texas Section 773.0571 - Requirements For Provider License
  The department shall issue to an emergency medical services provider applicant a license that is valid for two years if the department is satisfied that:...
• Texas Section 773.05711 - Additional Emergency Medical Services Provider License Requirements
  (a) In addition to the requirements for obtaining or renewing an emergency medical services provider license under this subchapter, a person who applies for a...
• Texas Section 773.05712 - Administrator Of Record
  (a) The administrator of record for an emergency medical services provider licensed under this subchapter: (1) may not be employed or otherwise compensated by another...
• Texas Section 773.05713 - Report To Legislature
  Not later than December 1 of each even-numbered year, the department shall electronically submit a report to the lieutenant governor, the speaker of the house...
• Texas Section 773.05715 - Physical Location Required
  (a) An emergency medical services provider must have a permanent physical location as the provider's primary place of business. An applicant for an emergency medical...
• Texas Section 773.05716 - Necessary Equipment
  (a) An emergency medical services provider must own or hold a long-term lease for all equipment necessary for the safe operation of an emergency medical...
• Texas Section 773.0572 - Provisional Licenses
  The executive commissioner by rule shall establish conditions under which an emergency medical services provider who fails to meet the minimum standards prescribed by this...
• Texas Section 773.0573 - Letter Of Approval From Local Governmental Entity
  (a) An emergency medical services provider applicant must obtain a letter of approval from: (1) the governing body of the municipality in which the applicant...
• Texas Section 773.058 - Volunteers Exempt From Fees
  An individual who is an emergency medical services volunteer is exempt from the payment of fees under Section 773.055 if the individual does not receive...
• Texas Section 773.0581 - Providers Exempt From Fees
  (a) An emergency medical services provider is exempt from the payment of fees under this subchapter if the provider uses emergency medical services volunteers exclusively...
• Texas Section 773.059 - Late Recertification
  (a) A person who is otherwise eligible to renew a certificate may renew an unexpired certificate by paying the required renewal fee to the department...
• Texas Section 773.060 - Disposition Of Funds
  (a) The department shall account for all fees and other funds it receives under this chapter. (b) The department shall deposit the fees and other...
• Texas Section 773.0605 - Complaints And Investigations
  (a) The department shall track and keep records of: (1) each complaint received by the department regarding emergency medical services providers and emergency medical services...
• Texas Section 773.061 - Disciplinary Actions
  (a) For a violation of this chapter or a rule adopted under this chapter, the department shall revoke, suspend, or refuse to renew a license...
• Texas Section 773.0611 - Inspections
  (a) The department or its representative may enter an emergency medical services vehicle or the premises of an emergency medical services provider's place of business...
• Texas Section 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...
• Texas Section 773.0613 - Information Report To Department
  (a) An emergency medical services provider licensed under this chapter shall annually submit a report to the department containing information relating to the number and...
• Texas Section 773.0614 - Authority To Revoke, Suspend, Disqualify For, Or Deny Certification Of Emergency Medical Services Personnel For Certain Criminal Offenses
  (a) In addition to the grounds under Section 773.061, the department may suspend or revoke a certificate, disqualify a person from receiving a certificate, or...
• Texas Section 773.06141 - Suspension, Revocation, Or Denial Of Emergency Medical Services Provider License
  Sec. 773.06141. SUSPENSION, REVOCATION, OR DENIAL OF EMERGENCY MEDICAL SERVICES PROVIDER LICENSE. Text of subsection effective until January 01, 2017 (a) The department may suspend,...
• Texas Section 773.0615 - Factors Considered In Suspension, Revocation, Or Denial Of Certificate
  (a) In determining whether an offense directly relates to the duties and responsibilities of emergency medical services personnel under Section 773.0614(a), the department shall consider:...
• Texas Section 773.0616 - Proceedings Governed By Administrative Procedure Act; Guidelines
  (a) A proceeding to consider the issues under Section 773.0615 is governed by Chapter 2001, Government Code. (b) The executive commissioner shall issue guidelines relating...
• Texas Section 773.0617 - Notice And Review Of Suspension, Revocation, Disqualification For, Or Denial Of Certification
  (a) If the department suspends or revokes a certification, denies a person a certificate, or denies the opportunity to be examined for a certificate under...
• Texas Section 773.062 - Emergency Suspension
  (a) The commissioner shall issue an emergency order to suspend a certificate or license issued under this chapter if the commissioner has reasonable cause to...
• Texas Section 773.063 - Civil Penalty
  (a) The attorney general, a district attorney, or a county attorney may bring a civil action to compel compliance with this chapter or to enforce...
• Texas Section 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,...
• Texas Section 773.065 - Administrative Penalty
  (a) The department may assess an administrative penalty against an emergency medical services provider or a course coordinator who violates this chapter or a rule...
• Texas Section 773.066 - Assessment Of Administrative Penalty
  (a) An administrative penalty may be assessed only after an emergency medical services provider or course coordinator charged with a violation is provided notice and...
• Texas Section 773.067 - Payment Of Administrative Penalty
  (a) Not later than the 30th day after the date on which an order charging the emergency medical services provider or course coordinator with a...
• Texas Section 773.069 - Recovery Of Administrative Penalty By Attorney General
  The attorney general at the request of the department may bring a civil action to recover an administrative penalty assessed under this subchapter. Added by...
• Texas Section 773.070 - Denial Of Certification Or Licensure For Failure To Provide Certain Criminal History Record Information
  The department may deny licensure or certification to an applicant who does not provide a complete set of the required fingerprints to obtain criminal history...

SUBCHAPTER D CONFIDENTIAL COMMUNICATIONS

• Texas Section 773.071 - Fees
  (a) To the extent feasible, the executive commissioner by rule shall set the fees under this subchapter in amounts necessary for the department to recover...
• Texas Section 773.091 - Confidential Communications
  (a) A communication between certified emergency medical services personnel or a physician providing medical supervision and a patient that is made in the course of...
• Texas Section 773.092 - Exceptions
  (a) Exceptions to the confidentiality or privilege in court or administrative proceedings exist: (1) when proceedings are brought by the patient against emergency medical services...
• Texas Section 773.093 - Consent
  (a) Consent for the release of confidential information must be in writing and signed by the patient, a parent or legal guardian if the patient...
• Texas Section 773.094 - Injunction; Damages
  A person aggrieved by an unauthorized disclosure of communications or records that are confidential under this subchapter may petition the district court of the county...
• Texas Section 773.095 - Records And Proceedings Confidential
  (a) The proceedings and records of organized committees of hospitals, medical societies, emergency medical services providers, emergency medical services and trauma care systems, or first...

SUBCHAPTER E EMERGENCY MEDICAL SERVICES AND TRAUMA CARE SYSTEMS

• Texas Section 773.096 - Immunity For Committee Members
  A member of an organized committee under Section 773.095 is not liable for damages to a person for an action taken or recommendation made within...
• Texas Section 773.111 - Legislative Findings
  (a) The legislature finds that death caused by injury is the leading cause of death for persons one through 44 years of age, and the...
• Texas Section 773.112 - Rules
  (a) The executive commissioner by rule shall adopt minimum standards and objectives to implement emergency medical services and trauma care systems. The executive commissioner by...
• Texas Section 773.113 - Duties Of Department
  (a) The department shall: (1) develop and monitor a statewide emergency medical services and trauma care system; (2) designate trauma facilities; (3) develop and maintain...
• Texas Section 773.114 - System Requirements
  (a) Each emergency medical services and trauma care system must have: (1) local or regional medical control for all field care and transportation, consistent with...
• Texas Section 773.115 - Trauma Facilities
  (a) The department may designate trauma facilities that are a part of an emergency medical services and trauma care system. A trauma facility shall be...
• Texas Section 773.116 - Fees
  (a) The department shall charge a fee to a health care facility that applies for initial or continuing designation as a trauma facility. (b) The...
• Texas Section 773.117 - Denial, Suspension, Or Revocation Of Designation
  (a) The department may deny, suspend, or revoke a health care facility's designation as a trauma facility if the facility fails to comply with the...
• Texas Section 773.119 - Grant Program
  (a) The department shall establish a program to award grants to initiate, expand, maintain, and improve emergency medical services and to support medical systems and...
• Texas Section 773.120 - Acceptance Of Gifts
  A trauma facility or an emergency medical services and trauma care system may accept gifts or other contributions for the purposes of this subchapter. Added...
• Texas Section 773.122 - Payments From The Accounts
  (a) The commissioner, with advice and counsel from the chairpersons of the trauma service area regional advisory councils, shall use money in the accounts established...
• Texas Section 773.123 - Control Of Expenditures From Accounts
  Money distributed from the accounts established under Sections 771.072(f) and 773.006 shall be used in accordance with Section 773.122 on the authorization of the executive...

SUBCHAPTER F MEDICAL INFORMATION PROVIDED BY CERTAIN EMERGENCY MEDICAL SERVICES CALL TAKERS

• Texas Section 773.124 - Loss Of Funding Eligibility
  For a period of not less than one year or more than three years, as determined by the department, the department may not disburse money...
• Texas Section 773.141 - Definitions
  In this subchapter: (1) "Emergency call" means a telephone call or other similar communication from a member of the public, as part of a 9-1-1...
• Texas Section 773.142 - Application Of Subchapter
  This subchapter does not apply to a physician or other licensed person who may provide medical information under law. Added by Acts 1999, 76th Leg.,...
• Texas Section 773.143 - Provision Of Medical Information
  An emergency medical services call taker may provide medical information to a member of the public during an emergency call if: (1) the call taker...
• Texas Section 773.144 - Training Programs
  (a) The department may offer emergency medical services call taker training programs and may approve training programs offered by other persons. The executive commissioner by...
• Texas Section 773.145 - Medical Information
  The executive commissioner by rule shall adopt a protocol that must be used to provide medical information under Section 773.143. The protocol may include the...
• Texas Section 773.146 - Limitation On Civil Liability
  (a) An emergency medical services call taker who holds a certificate under Section 773.144 is not liable for damages that arise from the provision of...

SUBCHAPTER G PEDIATRIC EMERGENCY MEDICAL SERVICES

• Texas Section 773.147 - Fees
  (a) The executive commissioner by rule may adopt fees for: (1) training programs provided by the department under Section 773.144; and (2) the approval of...
• Texas Section 773.171 - Emergency Medical Services For Children Program
  (a) The emergency medical services for children program is in the department. (b) The department shall provide coordination and support for a statewide pediatric emergency...

SUBCHAPTER H EMERGENCY STROKE SERVICES

• Texas Section 773.173 - Rules
  (a) On the recommendation of the advisory council, the executive commissioner shall adopt minimum standards and objectives to implement a pediatric emergency services system, including...
• Texas Section 773.201 - Legislative Intent
  The legislature finds that a strong system for stroke survival is needed in the state's communities in order to treat stroke victims in a timely...
• Texas Section 773.204 - Duties Of Stroke Committee; Development Of Stroke Emergency Transport Plan And Stroke Facility Criteria
  (a) The advisory council, with the assistance of the stroke committee and in collaboration with the Texas Council on Cardiovascular Disease and Stroke, shall develop...
• Texas Section 773.205 - Rules
  The executive commissioner may adopt rules regarding a statewide stroke emergency transport plan and stroke facility criteria based on recommendations from the advisory council. Added...

Last modified: September 28, 2016