190.142.  Emergency medical technician license, requirements — rules. — 1.  (1)  For applications submitted before the recognition of EMS personnel licensure interstate compact under sections 190.900 to 190.939 takes effect, the department shall, within a reasonable time after receipt of an application, cause such investigation as it deems necessary to be made of the applicant for an emergency medical technician's license.

  (2)  For applications submitted after the recognition of EMS personnel licensure interstate compact under sections 190.900 to 190.939 takes effect, an applicant for initial licensure as an emergency medical technician in this state shall submit to a background check by the Missouri state highway patrol and the Federal Bureau of Investigation through a process approved by the department of health and senior services.  Such processes may include the use of vendors or systems administered by the Missouri state highway patrol.  The department may share the results of such a criminal background check with any emergency services licensing agency in any member state, as that term is defined under section 190.900, in recognition of the EMS personnel licensure interstate compact.  The department shall not issue a license until the department receives the results of an applicant's criminal background check from the Missouri state highway patrol and the Federal Bureau of Investigation, but, notwithstanding this subsection, the department may issue a temporary license as provided under section 190.143.  Any fees due for a criminal background check shall be paid by the applicant.

  (3)  The director may authorize investigations into criminal records in other states for any applicant.

  2.  The department shall issue a license to all levels of emergency medical technicians, for a period of five years, if the applicant meets the requirements established pursuant to sections 190.001 to 190.245 and the rules adopted by the department pursuant to sections 190.001 to 190.245.  The department may promulgate rules relating to the requirements for an emergency medical technician including but not limited to:

  (1)  Age requirements;

  (2)  Emergency medical technician and paramedic education and training requirements based on respective National Emergency Medical Services Education Standards and any modification to such curricula specified by the department through rules adopted pursuant to sections 190.001 to 190.245;

  (3)  Paramedic accreditation requirements.  Paramedic training programs shall be accredited as required by the National Registry of Emergency Medical Technicians;

  (4)  Initial licensure testing requirements.  Initial paramedic licensure testing shall be through the national registry of EMTs;

  (5)  Continuing education and relicensure requirements; and

  (6)  Ability to speak, read and write the English language.

  3.  Application for all levels of emergency medical technician license shall be made upon such forms as prescribed by the department in rules adopted pursuant to sections 190.001 to 190.245.  The application form shall contain such information as the department deems necessary to make a determination as to whether the emergency medical technician meets all the requirements of sections 190.001 to 190.245 and rules promulgated pursuant to sections 190.001 to 190.245.

  4.  All levels of emergency medical technicians may perform only that patient care which is:

  (1)  Consistent with the training, education and experience of the particular emergency medical technician; and

  (2)  Ordered by a physician or set forth in protocols approved by the medical director.

  5.  No person shall hold themselves out as an emergency medical technician or provide the services of an emergency medical technician unless such person is licensed by the department.

  6.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void.