| (a) A respiratory care practitioner who reports an
impairment that affects his or her ability to actively practice as
a respiratory care practitioner as defined by §186.4(d) of this
chapter (relating to Procedural Rules and Qualifications for Certificate
Applicants) shall be given written notice of the following:
(1) based on the respiratory care practitioner's impairment,
he or she may request:
(A) to be placed on retired status pursuant to §186.28
of this chapter (relating to Retired Certificate);
(B) to have the respiratory care practitioner's certificate
converted to inactive status as defined under §186.8 of this
chapter (relating to Inactive Certificate) if the respiratory care
practitioner's impairment is solely physical;
(C) to voluntarily surrender the respiratory care practitioner's
certificate pursuant to §186.26 of this chapter (relating to
Voluntary Relinquishment or Surrender of Respiratory Care Practitioner
Certificate); or
(D) to be referred to the Texas Physician Health Program
pursuant to Chapter 180 of this title (relating to Texas Physician
Health Program and Rehabilitation Orders); and
(2) that failure to respond to the written notice or
otherwise not comply with paragraph (1) of this subsection within
45 days shall result in a referral to the advisory board's Investigation
Division for possible disciplinary action.
(b) The advisory board shall provide written notice
as described in subsection (a) of this section within 30 days of receipt
of the certificate holder's registration form indicating the certificate
holder's impairment.
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