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TITLE 22EXAMINING BOARDS
PART 9TEXAS MEDICAL BOARD
CHAPTER 186RESPIRATORY CARE PRACTITIONERS
RULE §186.4Procedural Rules and Qualifications for Certificate Applicants

  (2) limitation and/or exclusion of the practice of the applicant to specified activities of the practice as a respiratory care practitioner;

  (3) remedial education; and

  (4) such other remedial or restrictive conditions or requirements which, in the discretion of the advisory board, are necessary to ensure protection of the public and minimal competency of the applicant to safely practice as a respiratory care practitioner.

(f) Applicants for a respiratory care practitioner certificate:

  (1) whose applications have been filed with the advisory board in excess of one year will be considered expired. Any fee previously submitted with that application shall be forfeited unless otherwise provided by §175.5 of this title (relating to Payment of Fees or Penalties). Any further request for issuance of a certificate will require submission of a new application and inclusion of the current fee. An extension to an application may be granted under certain circumstances, including:

    (A) delay by advisory board staff in processing an application;

    (B) application requires Practice Authorization Committee review after completion of all other processing and will expire prior to the next scheduled meeting;

    (C) Practice Authorization Committee requires an applicant to meet specific additional requirements for certification and the application will expire prior to deadline established by the Committee;

    (D) applicant requires a reasonable, limited additional period of time to obtain documentation after completing all other requirements and demonstrating diligence in attempting to provide the required documentation;

    (E) applicant is delayed due to unanticipated military assignments, medical reasons, or catastrophic events;

  (2) who in any way falsify the application may be required to appear before the advisory board;

  (3) on whom adverse information is received by the advisory board may be required to appear before the advisory board;

  (4) shall be required to comply with the advisory board's rules and regulations which are in effect at the time the completed application form and fee are filed with the advisory board;

  (5) may be required to sit for additional oral or written examinations that, in the opinion of the advisory board, are necessary to determine competency of the applicant;

  (6) must have the application for a certificate complete in every detail 20 days prior to the advisory board meeting in which they are considered for approval. Applicants may qualify for a Temporary Permit prior to being considered by the advisory board for issuance of a certificate, as required by §186.7 of this chapter (relating to Temporary Permit);

  (7) who previously held a Texas health care provider license, certificate, permit, or registration may be required to complete additional forms as required.

(g) Alternative Certification Procedure for Military Service Members, Military Veterans, and Military Spouses:

  (1) An applicant who is a military service member, military veteran, or military spouse, as defined in §186.2 of this chapter (relating to Definitions), may be eligible for alternative demonstrations of competency for certain Texas state-certification requirements. Unless specifically allowed in this subsection, an applicant must meet the requirements for certification as specified in this chapter.

  (2) To be eligible, an applicant must be a military service member, military veteran, or military spouse and meet one of the following requirements:

    (A) holds an active unrestricted respiratory care practitioner certificate or license issued by another state that has certification or licensure requirements that are substantially equivalent to the requirements for a Texas respiratory care practitioner certificate; or

    (B) within the five years preceding the application date, applicant must have held a respiratory care practitioner certificate in this state that expired and was cancelled for nonpayment while the applicant lived in another state for at least six months.

  (3) Applications for a respiratory care practitioner certificate from applicants qualifying under paragraphs (1) and (2) of this subsection shall be expedited by the Medical Board's licensure division.

  (4) Alternative Demonstrations of Competency Allowed. Applicants qualifying under paragraphs (1) and (2) of this subsection:

    (A) in demonstrating compliance with subsection (e) of this section must only provide sufficient documentation to the advisory board that the applicant has, on a full-time basis, actively practiced as a respiratory care practitioner, has been a student at an acceptable approved respiratory care practitioner program, or has been on the active teaching faculty of an acceptable approved respiratory care practitioner program, within one of the last three years preceding receipt of an application for a respiratory care practitioner certificate;

    (B) notwithstanding the one year expiration in subsection (f)(1) of this section, are allowed an additional 6 months to complete the application prior to it becoming inactive; and

    (C) notwithstanding the 20 day deadline in subsection (f)(6) of this section, may be considered for a certificate up to 5 days prior to the advisory board meeting.

(h) Applicants with Military Experience.

  (1) For applications filed on or after March 1, 2014, the advisory board shall, with respect to an applicant who is a military service member or military veteran as defined in §186.2 of this chapter (relating to Definitions), credit verified military service, training, or education toward the certification requirements, other than an examination requirement, for a respiratory care practitioner certificate issued by the advisory board.

  (2) This section does not apply to an applicant who:

    (A) has had a respiratory care practitioner certificate or license suspended or revoked by another state or a Canadian province;

    (B) holds a respiratory care practitioner certificate or license issued by another state or a Canadian province that is subject to a restriction, disciplinary order, or probationary order; or

    (C) has an unacceptable criminal history.

(i) Re-Application for Certificate Prohibited. A person who has been determined ineligible for a respiratory care practitioner certificate by the Practice Authorization Committee may not reapply for a certificate prior to the expiration of one year from the date of the advisory board's ratification of the Practice Authorization Committee's determination of ineligibility and denial of a certificate.


Source Note: The provisions of this §186.4 adopted to be effective April 3, 2017, 42 TexReg 1758; amended to be effective April 15, 2018, 43 TexReg 2147

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