The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
(1) AARC--The American Association for Respiratory
(2) Act--The Respiratory Care Practitioners Act, Texas
Occupations Code Annotated, Title 3, Subtitle K, Chapter 604 as amended.
(3) Active duty--A person who is currently serving
as full-time military service member in the armed forces of the United
States or active duty military service as a member of the Texas military
forces, as defined by §437.001, Government Code, or similar military
service of another state.
(4) Address of record--The mailing address of each
certificate holder or applicant as provided to the agency pursuant
to the Act.
(5) Advisory Board or Board--The Texas Board of Respiratory
Care, an advisory board to the Texas Medical Board.
(6) APA--The Administrative Procedure Act, Texas Government
Code, Chapter 2001 as amended.
(7) Applicant--A party seeking a certificate or temporary
permit from the Texas Board of Respiratory Care.
(8) Certificate--A respiratory care practitioner certificate
issued by the Texas Board of Respiratory Care.
(9) Delegated Authority--As defined in the Texas Medical
Practice Act, Texas Occupations Code, Chapter 157 and the rules pertaining
thereto adopted by the Texas Medical Board.
(10) Directing physician--A physician licensed by the
Medical Board who has an active and unrestricted license in good standing
with the Texas Medical Board that directs a Texas state-certified
respiratory care practitioner in the practice of respiratory care.
(11) Diagnostic--Of or relating to or used in the art
or act of identifying a disease or disorder.
(12) Educational accrediting body--Commission on Accreditation
for Respiratory Care (CoARC), or other such organization approved
by the advisory board in accordance with §604.054 of the Occupations
(13) Executive Director--The Executive Director of
the Texas Medical Board or the authorized designee of the Executive
(14) Formally trained--Completion of an organized educational
(A) includes supervised and directed instruction specific
to the respiratory care procedures to be performed by the individual;
(B) includes specific objectives, activities, and an
evaluation of competency; and
(C) is supervised and directed by another individual
qualified to provide the training and supervision.
(15) Good professional character--An applicant for
certification must not be in violation of or committed any act described
in the Respiratory Care Practitioners Act, §§604.302 - 604.304,
Texas Occupations Code Annotated.
(16) Medical Board--The Texas Medical Board.
(17) Medical Practice Act--Texas Occupations Code Annotated,
Title 3, Subtitle B, as amended.
(18) Military service member--A person who is currently
serving in the armed forces of the United States, in a reserve component
of the armed forces of the United States, including the National Guard,
or in the state military service of any state.
(19) Military spouse--A person who is married to a
military service member who is currently on active duty.
(20) Military veteran--A person who served on active
duty in the army, navy, air force, marine corps, or coast guard of
the United States, or in an auxiliary service of one of those branches
of the armed forces and who was discharged or released from active
duty under conditions other than dishonorable.
(21) NBRC--The National Board for Respiratory Care,
(22) Open Meetings Act--Texas Government Code Annotated,
Chapter 551 as amended.
(23) Palliative--Serving to moderate the intensity
of pain or other disease process.
(24) Party--The respiratory care practitioner board
and each person named or admitted as a party in a hearing before the
State Office of Administrative Hearings.
(25) Practice--Engaging in respiratory care as a clinician,
educator, or consultant.
(26) Presiding Officer--The person appointed by the
Governor to serve as the presiding officer of the board.
(27) Protocols--For purposes of this chapter, respiratory
care-related policies, procedures, and protocols developed or approved
by a licensed health facility or a physician through collaboration
with administrators, certified respiratory care practitioners, or
other health professionals.
(28) Qualified medical director--A physician licensed
and in good standing with the Texas Medical Board, and who has special
interest and knowledge in the diagnosis and treatment of respiratory
care problems and who is actively engaged in the practice of medicine.
This physician must be a member of the active medical staff of a health
care facility, agency or organization who supervises the provision
of respiratory care.
(29) Respiratory care--The treatment, management, control,
diagnostic evaluation, and care of inpatients or outpatients who have
deficiencies and abnormalities associated with the cardiorespiratory
system, in conjunction with the provisions of §604.003 of the
Act. Respiratory care does not include the delivery, assembly, set
up, testing, and demonstration of respiratory care equipment upon
the order of a licensed physician. Demonstration is not to be interpreted
here as the actual patient assessment and education, administration,
or performance of the respiratory care procedure(s).
(30) Respiratory care education program--
(A) a program in respiratory care approved by the educational
(B) a program approved by an appropriate education
agency and working toward becoming an approved program in respiratory
care. A program will qualify as a respiratory care education program
under this subparagraph only for a period of one year from the date
of the first class offered by the program; after that one year, the
program must be an approved program in respiratory care; or
(C) a program accredited by the Canadian Medical Association
and whose graduates are eligible to take the national registry exam
given by the Canadian Board of Respiratory Care.
(31) Respiratory care practitioner--A person holding
a certificate or temporary permit to practice respiratory care issued
by the Texas Board of Respiratory Care.
(32) Respiratory care procedure--Respiratory care provided
by the therapeutic and diagnostic use of medical gases, humidifiers,
and aerosols, the administration of drugs and medications to the cardiorespiratory
system, ventilatory assistance and ventilatory control, postural drainage,
chest drainage, chest percussion or vibration (physiotherapy), breathing
exercises, cardiopulmonary rehabilitation resuscitation (including
cardiopulmonary resuscitation), the maintenance of natural airways,
and the insertion and maintenance of artificial airways. The term
includes a technique as ordered by a patient's physician, and according
to and including standing orders or protocols, used to assist in diagnosis,
monitoring, treatment, and research. Examples include:
(A) the measurement of ventilatory volumes, pressures
(B) the specimen collection of blood and other materials;
(C) pulmonary function testing; and
(D) hemodynamic and other related physiological forms
of monitoring or treating the cardiorespiratory system.
(33) State--Any state, territory, or insular possession
of the United States and the District of Columbia.
(34) Submit--The term used to indicate that a completed
item has been actually received and date-stamped by the board along
with all required documentation and fees, if any.
(35) Supervising respiratory care practitioner--A respiratory
care practitioner who holds an active and unrestricted certificate
from the advisory board; has not been the subject of a disciplinary
order, unless the disciplinary order was administrative in nature;
and is not a relative or family member of the temporary permit holder
supervised. The supervising practitioner assumes responsibility and
legal liability for the services rendered by the supervised temporary
(36) Supervision--Overseeing the activities of, and
accepting responsibility for, the respiratory care services rendered
by a temporary permit holder. Supervision does not require the constant
physical presence of the supervising respiratory care practitioner
but includes a situation where a supervising respiratory care practitioner
and the person being supervised are, or can easily be, in contact
with one another by radio, telephone, or another telecommunication
(37) Temporary Permit--A permit issued in accordance
with §186.7 of this chapter (relating to Temporary Permit).
(38) TSRC--Texas Society for Respiratory Care.
(39) Therapeutic--Of or relating to the treatment of
disorders by remedial agents or methods.
(40) Under the direction--Assuring that established
policies are carried out; monitoring and evaluating the quality, safety,
and appropriateness of respiratory care services and taking action
based on findings; and providing consultation whenever required, particularly
on patients receiving continuous ventilatory or oxygenation support.
(41) Voluntary Charity Care--Respiratory care provided
for no compensation to indigent populations, in medically underserved
areas, or for a disaster relief organization. As used in this definition,
compensation means direct or indirect payment of anything of monetary
value, except payment or reimbursement of reasonable, necessary, and
actual travel and related costs.