83R3397 KKR-F
	By: Raymond	H.B. No. 975

	A BILL TO BE ENTITLED
	AN ACT
	relating to the requirements for obtaining an emergency medical
	services provider license.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 773.0571, Health and Safety Code, is
	amended to read as follows:
	Sec. 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:
	(1)  the applicant [emergency medical services
	provider] has adequate staff to meet the staffing standards
	prescribed by this chapter and the rules adopted under this
	chapter;
	(2)  each emergency medical services vehicle is
	adequately constructed, equipped, maintained, and operated to
	render basic or advanced life support services safely and
	efficiently;
	(3)  the applicant [emergency medical services
	provider] offers safe and efficient services for emergency
	prehospital care and transportation of patients; [and]
	(4)  the applicant:
	(A)  possesses sufficient professional experience
	and qualifications to provide emergency medical services; and
	(B)  has not been excluded from participation in
	the state Medicaid program;
	(5)  the applicant holds a certificate of local need
	and necessity issued under Section 773.0573 by the commissioners
	court of each county and the governing body of each municipality in
	which the applicant is applying to provide emergency medical
	services; and
	(6) [(4)]  the applicant [emergency medical services
	provider] complies with the rules adopted [by the board] under this
	chapter.
	SECTION 2.  Subchapter C, Chapter 773, Health and Safety
	Code, is amended by adding Section 773.0573 to read as follows:
	Sec. 773.0573.  CERTIFICATE OF LOCAL NEED AND NECESSITY.
	(a) An emergency medical services provider applicant must obtain a
	certificate of local need and necessity from the commissioners
	court of each county and the governing body of each municipality in
	which the applicant is applying to provide emergency medical
	services.
	(b)  A commissioners court of a county or a governing body of
	a municipality may issue a certificate of local need and necessity
	to an emergency medical services provider applicant who is applying
	to provide emergency medical services in the county or municipality
	only if the commissioners court or governing body determines that:
	(1)  the addition of another licensed emergency medical
	services provider will not interfere with or adversely affect the
	provision of emergency medical services by the licensed emergency
	medical services providers operating in the county or municipality;
	(2)  the addition of another licensed emergency medical
	services provider will remedy an existing provider shortage that
	cannot be resolved through the use of the licensed emergency
	medical services providers operating in the county or municipality;
	and
	(3)  the addition of another licensed emergency medical
	services provider will not cause an oversupply of licensed
	emergency medical services providers in the county or municipality.
	(c)  This section does not apply to:
	(1)  renewal of an emergency medical services provider
	license; or
	(2)  a county, municipality, emergency medical
	services district, hospital, or emergency medical services
	volunteer provider organization in this state that applies for an
	emergency medical services provider license.
	SECTION 3.  The change in law made by this Act applies only
	to an application for approval of an emergency medical services
	provider license submitted to the Department of State Health
	Services on or after the effective date of this Act. An application
	submitted before the effective date of this Act is governed by the
	law in effect immediately before the effective date of this Act, and
	that law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2013.