The registration fee shall not apply to retired respiratory
care practitioners.
(1) To become exempt from the registration fee due
to retirement:
(A) the respiratory care practitioner's current certificate
must not be under an investigation or order with the advisory board
or otherwise be restricted; and
(B) the respiratory care practitioner must request
in writing on a form prescribed by the advisory board for his or her
certificate to be placed on official retired status.
(2) The following restrictions shall apply to respiratory
care practitioners whose licenses are on official retired status:
(A) the respiratory care practitioner must not engage
in clinical activities or practice respiratory care in any state,
other than providing only voluntary charity care, as defined by §186.2(41)
of this title (relating to Definitions), after approval by the advisory
board;
(B) the respiratory care practitioner may not administer
drugs to anyone; and
(C) the respiratory care practitioner's certificate
may not be endorsed to any other state.
(3) A respiratory care practitioner may return to active
status by applying to the advisory board, paying an application fee
equal to an application fee for a respiratory care practitioner certificate,
complying with the requirements for certificate renewal under the
Act, demonstrating current certification by NBRC, and complying with
paragraph (4) of this section.
(4) The request of a respiratory care practitioner
seeking a return to active status whose certificate has been placed
on official retired status for two years or longer shall be submitted
to the Practice Authorization Committee of the advisory board for
consideration and a recommendation to the advisory board for approval
or denial of the request. After consideration of the request and the
recommendation of the Practice Authorization Committee, the advisory
board shall grant or deny the request. If the request is granted,
it may be granted without conditions or subject to such conditions
which the advisory board determines are necessary to adequately protect
the public including but not limited to:
(A) current certification by the NBRC;
(B) completion of approved continuing education in
topics specified by the advisory board;
(C) limitation and/or exclusion of the practice of
the applicant to specified activities of the practice as a respiratory
care practitioner;
(D) remedial education; and/or
(E) 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.
(5) The request of a respiratory care practitioner
seeking a return to active status whose certificate has been placed
on official retired status for less than two years may be approved
by the executive director or submitted by the executive director to
the Practice Authorization Committee for consideration and a recommendation
to the advisory board for approval or denial of the request. In those
instances in which the executive director submits the request to the
Practice Authorization Committee of the advisory board, the Practice
Authorization Committee shall make a recommendation to the advisory
board for approval or denial. After consideration of the request and
the recommendation of the Practice Authorization Committee, the advisory
board shall grant or deny the request subject to such conditions which
the advisory board determines are necessary to adequately protect
the public including but not limited to those options provided in
paragraph (4)(A) - (E) of this section.
(6) In evaluating a request to return to active status,
the Practice Authorization Committee or the advisory board may require
a personal appearance by the requesting respiratory care practitioner
at the offices of the advisory board, and may also require a physical
or mental examination by one or more physicians or other health care
providers approved in advance in writing by the executive director,
the secretary-treasurer, the Practice Authorization Committee, or
other designee(s) determined by majority vote of the advisory board.
(7) A respiratory care practitioner applying for retired
status under paragraphs (1) and (2) of this section may be approved
for emeritus retired status, a subgroup of "official retired status,"
provided that the respiratory care practitioner has:
(A) never received a remedial plan or been the subject
of disciplinary action by the advisory board;
(B) no criminal history, including pending charges,
indictment, conviction and/or deferred adjudication in Texas; and
(C) never held a license, registration or certificate
that has been restricted for cause, canceled for cause, suspended
for cause, revoked or subject to another form of discipline in a state,
or territory of the United States, a province of Canada, a uniformed
service of the United States or other regulatory agency.
|
| Source Note: The provisions of this §186.28 adopted to be effective April 3, 2017, 42 TexReg 1758; amended to be effective April 15, 2018, 43 TexReg 2147; amended to be effective March 31, 2019, 44 TexReg 1528 |
