(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.
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