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TITLE 22EXAMINING BOARDS
PART 9TEXAS MEDICAL BOARD
CHAPTER 186RESPIRATORY CARE PRACTITIONERS
RULE §186.28Retired Certificate

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 submitting professional evaluations from each employment held before the certificate was placed on retired status, 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

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