Sec. 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:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purposes for requiring certification to engage in emergency medical services;
(3) the extent to which certification might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and
(4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of emergency medical services personnel.
(b) 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, a crime the department shall consider, in addition to the factors listed in Subsection (a):
(1) the extent and nature of the person's past criminal activity;
(2) the age of the person when the crime was committed;
(3) the amount of time that has elapsed since the person's last criminal activity;
(4) the conduct and work activity of the person before and after the criminal activity;
(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated, after release, or since imposition of community supervision or deferred adjudication; and
(6) other evidence of the person's fitness, including letters of recommendation from:
(A) prosecutors, law enforcement officers, correctional officers, or community supervision officers who prosecuted, arrested, or had custodial or other responsibility for the person;
(B) the sheriff or chief of police in the community where the person resides; and
(C) any other person in contact with the person.
(c) The applicant or certificate holder has the responsibility, to the extent possible, to obtain and provide to the department the recommendations of the persons required by Subsection (b)(6).
(d) In addition to providing evidence related to the factors under Subsection (b), the applicant or certificate holder shall furnish proof in the form required by the department that the applicant or certificate holder has:
(1) maintained a record of steady employment;
(2) supported the applicant's or certificate holder's dependents;
(3) maintained a record of good conduct; and
(4) paid all outstanding court costs, supervision fees, fines, and restitution ordered in any criminal case in which the applicant or certificate holder has been convicted, been placed on community supervision, or received deferred adjudication.
Added by Acts 2009, 81st Leg., R.S., Ch. 1149 (H.B. 2845), Sec. 3, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1541, eff. April 2, 2015.
Structure Texas Statutes
Chapter 773 - Emergency Medical Services
Subchapter C. Licenses, Certification, and Qualifications
Section 773.041. License or Certificate Required
Section 773.0415. Limitation on Information Required for Certificate Renewal
Section 773.042. Basic Life-Support Emergency Medical Services Provider Qualifications
Section 773.043. Advanced Life-Support Emergency Medical Services Provider Qualifications
Section 773.044. Mobile Intensive-Care Provider Qualifications
Section 773.045. Specialized Emergency Medical Services Provider Qualifications
Section 773.046. Emergency Care Attendant Qualifications
Section 773.047. Emergency Medical Technician Qualifications
Section 773.048. Advanced Emergency Medical Technician Qualifications
Section 773.049. Emergency Medical Technician--Paramedic Qualifications
Section 773.0495. Licensed Paramedic Qualifications
Section 773.0496. Scope of Emergency Medical Technician-Paramedic and Licensed Paramedic Duties
Section 773.050. Minimum Standards
Section 773.0505. Rules Regarding Advertising or Competitive Bidding
Section 773.051. Municipal Regulation
Section 773.054. Applications for Personnel Certification and Training Program Approval
Section 773.055. Certification of Emergency Medical Services Personnel
Section 773.057. Emergency Medical Services Providers License
Section 773.0571. Requirements for Provider License
Section 773.05711. Additional Emergency Medical Services Provider License Requirements
Section 773.05712. Administrator of Record
Section 773.05713. Report to Legislature
Section 773.05715. Physical Location Required
Section 773.05716. Necessary Equipment
Section 773.0572. Provisional Licenses
Section 773.0573. Letter of Approval From Local Governmental Entity
Section 773.058. Volunteers Exempt From Fees
Section 773.0581. Providers Exempt From Fees
Section 773.059. Late Recertification
Section 773.060. Disposition of Funds
Section 773.0605. Complaints and Investigations
Section 773.061. Disciplinary Actions
Section 773.0612. Access to Records
Section 773.0613. Information Report to Department
Section 773.06141. Suspension, Revocation, or Denial of Emergency Medical Services Provider License
Section 773.0615. Factors Considered in Suspension, Revocation, or Denial of Certificate
Section 773.0616. Proceedings Governed by Administrative Procedure Act; Guidelines
Section 773.062. Emergency Suspension
Section 773.063. Civil Penalty
Section 773.064. Criminal Penalties
Section 773.065. Administrative Penalty
Section 773.066. Assessment of Administrative Penalty
Section 773.067. Payment of Administrative Penalty
Section 773.069. Recovery of Administrative Penalty by Attorney General