| (a) The advisory board, upon finding a respiratory
care practitioner has committed any of the acts set forth in §186.17
of this title (relating to Grounds for Denial of Certification and
for Disciplinary Action), may enter an order or, where appropriate,
remedial plan, imposing one or more of the allowable actions set forth
under §604.201-202 and §604.301 of the Act.
(b) Disciplinary Guidelines.
(1) Chapter 190 of this title ((relating to Disciplinary
Guidelines), and including remedial plans as described in Chapter
187 of this title (relating to Procedural Rules), in certain circumstances)
shall apply to respiratory care practitioners regulated under this
chapter to be used as guidelines for the following areas as they relate
to the denial of issuance of a certificate or disciplinary action
of a certificate or temporary permit holder:
(A) practice inconsistent with public health and welfare;
(B) unprofessional and dishonorable conduct;
(C) disciplinary actions by state boards and peer groups;
(D) repeated and recurring meritorious health care
liability claims;
(E) aggravating and mitigating factors; and
(F) criminal convictions.
(2) In cases where the advisory board deems it appropriate,
provided the certificate holder is not already under a remedial plan,
the advisory board may enter into a non-disciplinary settlement agreement
and remedial plan pursuant to §164.0015 of Occupations Code.
Such remedial plan will be conducted under the supervision of the
compliance program of the Medical Board in accordance with Chapter
189 of this title (relating to Compliance Program).
(c) If the provisions of Chapter 190 of this title
conflict with the Act or rules under this chapter, the Act and provisions
of this chapter shall control.
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