88R6149 MCF-F
	By: Morales of Maverick	H.B. No. 5117

	A BILL TO BE ENTITLED
	AN ACT
	relating to variances from Department of State Health Services
	rules governing the provision of emergency medical services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 773.052(a), (c), (d), and (f), Health
	and Safety Code, are amended to read as follows:
	(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.  [The executive commissioner by rule
	may adopt a fee of not more than $30 for filing an application for a
	variance.]
	(c)  The department shall grant to an emergency medical
	services provider who is the [a] sole provider for a service area a
	variance from the minimum staffing standards [for staffing and
	equipment] for the provision of [basic life-support] emergency
	medical services in that service area [if the provider is an
	emergency medical services provider exempt from the payment of fees
	under Section 773.0581].
	(d)  An applicant for a variance under Subsection (c) must
	submit a letter to the department from the commissioners court of
	the county or the governing body of the municipality in which the
	provider intends to operate an emergency medical services vehicle
	in the provision of emergency medical services in a service area of
	the county or municipality.  [The letter must state that there is no
	other emergency medical services provider in the service area.]
	(f)  The department shall issue an emergency medical
	services license to a provider granted a variance under this
	section.  The license is subject to annual review by the department.
	A provider is encouraged to upgrade staffing [and equipment] to
	meet the minimum standards set by the rules adopted under this
	chapter.
	SECTION 2.  Section 773.052, Health and Safety Code, as
	amended by this Act, applies only to a variance application
	submitted on or after the effective date of this Act.  A variance
	application submitted before the effective date of this Act is
	governed by the law applicable to the application on the date the
	application was submitted, and that law is continued in effect for
	that purpose.
	SECTION 3.  This Act takes effect September 1, 2023.

Statutes affected:
Introduced: Health and Safety Code 773.052 (Health and Safety Code 773)