Tex. Health & Safety Code 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.

(b)

On receipt of a request for a variance, the department shall consider any relevant factors, including:

(1)

the nearest available service;

(2)

geography; and

(3)

demography.

(c)

The department shall grant to an emergency medical services provider who is the sole provider for a service area a variance from the minimum staffing standards for the provision of emergency medical services in that service area.

(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.

(e)

The department shall grant a variance under Subsection (c) if the department determines that the provider qualifies and may deny the variance if the department determines that the provider does not qualify. The department shall give a provider whose application is denied the opportunity for a contested case hearing under Chapter 2001 (Administrative Procedure), Government Code.

(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 to meet the minimum standards set by the rules adopted under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 251, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 605, Sec. 4, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 198, Sec. 2.84(b), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1529, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 95 (S.B. 1588), Sec. 1, eff. September 1, 2023.

Source: Section 773.052 — Variances, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­773.­htm#773.­052 (accessed Jun. 5, 2024).

773.001
Short Title 773.002
Purpose 773.003
Definitions 773.004
Vehicles and Personnel Excluded from Chapter 773.006
Fund for Emergency Medical Services, Trauma Facilities, and Trauma Care Systems 773.007
Supervision of Emergency Prehospital Care 773.008
Consent for Emergency Care 773.009
Limitation on Civil Liability 773.011
Subscription Programs 773.012
Advisory Council 773.013
Peer Assistance Program 773.014
Administration of Epinephrine by Emergency Medical Services Personnel 773.015
Identification of Certain Patients Receiving Emergency Prehospital Care 773.016
Duties of Emergency Medical Services Personnel 773.017
Use of Certain External Motor Vehicle Markings or Features Prohibited 773.021
State Plan 773.022
Service Delivery Areas 773.023
Area Plans 773.024
Federal Programs 773.025
Accessibility of Training 773.041
License or Certificate Required 773.042
Basic Life-support Emergency Medical Services Provider Qualifications 773.0043
Fire Fighter Exemption for Certain Patients 773.043
Advanced Life-support Emergency Medical Services Provider Qualifications 773.044
Mobile Intensive-care Provider Qualifications 773.0045
Temporary Exemptions for Emergency Medical Services Personnel Practicing in Rural Area 773.045
Specialized Emergency Medical Services Provider Qualifications 773.046
Emergency Care Attendant Qualifications 773.047
Emergency Medical Technician Qualifications 773.048
Advanced Emergency Medical Technician Qualifications 773.049
Emergency Medical Technician--paramedic Qualifications 773.050
Minimum Standards 773.051
Municipal Regulation 773.052
Variances 773.054
Applications for Personnel Certification and Training Program Approval 773.055
Certification of Emergency Medical Services Personnel 773.056
Approval of Training Programs 773.057
Emergency Medical Services Providers License 773.058
Volunteers Exempt from Fees 773.059
Late Recertification 773.060
Disposition of Funds 773.061
Disciplinary Actions 773.062
Emergency Suspension 773.063
Civil Penalty 773.064
Criminal Penalties 773.065
Administrative Penalty 773.066
Assessment of Administrative Penalty 773.067
Payment of Administrative Penalty 773.069
Recovery of Administrative Penalty by Attorney General 773.070
Denial of Certification or Licensure for Failure to Provide Certain Criminal History Record Information 773.071
Fees 773.091
Confidential Communications 773.092
Exceptions 773.093
Consent 773.094
Injunction 773.095
Records and Proceedings Confidential 773.096
Immunity for Committee Members 773.111
Legislative Findings 773.112
Rules 773.113
Duties of Department 773.114
System Requirements 773.115
Trauma Facilities 773.116
Fees 773.117
Denial, Suspension, or Revocation of Designation 773.119
Grant Program 773.120
Acceptance of Gifts 773.122
Payments from the Accounts 773.123
Control of Expenditures from Accounts 773.124
Loss of Funding Eligibility 773.141
Definitions 773.142
Application of Subchapter 773.143
Provision of Medical Information 773.144
Training Programs 773.0145
Possession and Administration of Epinephrine by Certain Entities 773.145
Medical Information 773.146
Limitation on Civil Liability 773.147
Fees 773.171
Emergency Medical Services for Children Program 773.173
Rules 773.201
Legislative Intent 773.202
Definitions 773.203
Stroke Committee 773.204
Duties of Stroke Committee 773.205
Rules 773.251
Definitions 773.252
Establishment of Program 773.253
Rules 773.254
Application by Emergency Medical Services Provider 773.255
Educational Curriculum 773.256
Administrative Support 773.257
Grants 773.0415
Limitation on Information Required for Certificate Renewal 773.0495
Licensed Paramedic Qualifications 773.0496
Scope of Emergency Medical Technician-paramedic and Licensed Paramedic Duties 773.0505
Rules Regarding Advertising or Competitive Bidding 773.0551
Disease Prevention and Preparedness Information on Certification of Emergency Medical Services Personnel 773.0571
Requirements for Provider License 773.0572
Provisional Licenses 773.0573
Letter of Approval from Local Governmental Entity 773.0581
Providers Exempt from Fees 773.0605
Complaints and Investigations 773.0611
Inspections 773.0612
Access to Records 773.0613
Information Report to Department 773.0614
Authority to Revoke, Suspend, Disqualify For, or Deny Certification of Emergency Medical Services Personnel for Certain Criminal Offenses 773.0615
Factors Considered in Suspension, Revocation, or Denial of Certificate 773.0616
Proceedings Governed by Administrative Procedure Act 773.0617
Notice and Review of Suspension, Revocation, Disqualification For, or Denial of Certification 773.1141
Information, Guidelines, and Protocols Related to Certain Patient Transfers and Related Services 773.1151
Use of Telemedicine Medical Service by Certain Trauma Facilities 773.05711
Additional Emergency Medical Services Provider License Requirements 773.05712
Administrator of Record 773.05713
Report to Legislature 773.05715
Physical Location Required 773.05716
Necessary Equipment 773.06141
Suspension, Revocation, or Denial of Emergency Medical Services Provider License
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 773.052’s source at texas​.gov