The advisory board may refuse to issue a certificate to any
person and may, following notice of hearing and a hearing as provided
for in the APA, take disciplinary action against any respiratory care
practitioner who:
(1) fraudulently or deceptively obtains or attempts
to obtain a certificate;
(2) fraudulently or deceptively uses a certificate;
(3) violates the Act, or any rules relating to the
practice of a respiratory care practitioner;
(4) is convicted of a crime, or has received deferred
adjudication or pre-trial diversion for a crime, in accordance with
Chapter 53 of the Texas Occupations Code;
(5) habitually uses drugs or intoxicating liqueurs
to the extent that, in the opinion of the advisory board, the person
cannot safely perform as a respiratory care practitioner;
(6) has been adjudicated as mentally incompetent or
has a mental or physical condition that renders the person unable
to safely perform as a respiratory care practitioner;
(7) has committed an act of moral turpitude. An act
involving moral turpitude shall be defined as an act involving baseness,
vileness, or depravity in the private and social duties one owes to
others or to society in general, or an act committed with knowing
disregard for justice, honesty, principles, or good morals;
(8) represents that the person is a physician;
(9) has acted in an unprofessional or dishonorable
manner which is likely to deceive, defraud, or injure any member of
the public;
(10) has failed to practice as a respiratory care practitioner
in an acceptable manner consistent with public health and welfare;
(11) has committed any act that is in violation of
the laws of the State of Texas if the act is connected with practice
as a respiratory care practitioner; a complaint, indictment, or conviction
of a law violation is not necessary for the enforcement of this provision;
proof of the commission of the act while in practice as a respiratory
care practitioner or under the guise of practice as a respiratory
care practitioner is sufficient for action by the advisory board under
this section;
(12) has had the person's certificate or other authorization
to practice as a respiratory care practitioner suspended, revoked,
or restricted or who has had other disciplinary action taken by another
state regarding practice as a respiratory care practitioner or had
disciplinary action taken by the uniformed services of the United
States. A certified copy of the record of the state or uniformed services
of the United States taking the action is conclusive evidence of such
action;
(13) administers a drug or treatment that is nontherapeutic
in nature or nontherapeutic in the manner the drug or treatment is
administered;
(14) unlawfully advertises in a false, misleading,
or deceptive manner. Advertisements shall be defined as false, misleading,
or deceptive consistent with §101.201 of the Texas Occupations
Code;
(15) alters, with fraudulent intent, any respiratory
care practitioner certificate, permit, or diploma;
(16) uses any respiratory care practitioner license,
certificate, temporary permit, or diploma that has been fraudulently
purchased, issued, or counterfeited or that has been materially altered;
(17) aids or abets, directly or indirectly, the practice
as a respiratory care practitioner by any person not duly certified
to practice as a respiratory care practitioner by the advisory board;
(18) is removed or suspended or has disciplinary action
taken by his peers in any professional association or society, whether
the association or society is local, regional, state, or national
in scope, or is being disciplined by a licensed hospital or medical
staff of a hospital, including removal, suspension, or other disciplinary
action, if that action, in the opinion of the advisory board, was
based on unprofessional conduct or professional incompetence that
was likely to harm the public. This action does not constitute state
action on the part of the association, society, or hospital medical
staff;
(19) has repeated or recurring meritorious health care
liability claims that in the opinion of the advisory board evidence
professional incompetence likely to harm the public;
(20) fails to comply with a board subpoena or request
for information or action; or
(21) through his practice as a respiratory care practitioner
sexually abuses or exploits another person.
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