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RULE §186.7Temporary Permit

(a) The advisory board, or its designee, shall issue a temporary permit to an applicant who:

  (1) meets all the qualifications for a respiratory care practitioner certificate under the Act and has signed an Agreed Order or Remedial Plan but is waiting for the next scheduled meeting of the advisory board for the Agreed Order or Remedial Plan to be approved by the advisory board and the certificate to be issued;

  (2) seeks to temporarily substitute for a certified respiratory care practitioner during the practitioner's absence, if the applicant:

    (A) is certified by the NBRC or is licensed or registered in good standing in another state, territory, or the District of Columbia;

    (B) submits an application on a form prescribed by the advisory board; and

    (C) pays the appropriate fee prescribed by the advisory board as set forth in §175.1 of this title (relating to Application and Administrative Fees);

  (3) has graduated from an accredited respiratory care program; or

  (4) has not, on a full-time basis, actively practiced as a respiratory care practitioner, as defined under §186.4(d) of this chapter (relating to Procedural Rules and Qualifications for Certification Applicants), but meets guidelines set by the advisory board including, but not limited to, length of time out of active practice as a respiratory care practitioner and duration of temporary permits.

(b) A temporary permit may be valid for not more than twelve months from the date issued. A temporary permit may be revoked at any time the advisory board deems necessary.

(c) In order to be determined eligible for a temporary permit to remedy active practice issues under subsection (a)(4) of this section, applicant must:

  (1) be supervised by a respiratory care practitioner certificate holder who:

    (A) holds an active, unrestricted respiratory care practitioner certificate in Texas;

    (B) has not been the subject of a disciplinary order, unless the order was administrative in nature; and

    (C) is not a relative or family member of the applicant; and

  (2) present written verification from the certificate holder who will be supervising the applicant that the certificate holder will:

    (A) supervise the temporary permit holder according to rules adopted by the advisory board; and

    (B) retain professional and legal responsibility for the care rendered by the temporary permit holder.

(d) After the applicant passes the examination, as set out in §186.4(a) of this chapter, the applicant must still be properly qualified and found to be fit for a respiratory care practitioner certificate by the licensure division of the Medical Board prior to issuance of a certificate.

Source Note: The provisions of this §186.7 adopted to be effective April 3, 2017, 42 TexReg 1758; amended to be effective April 15, 2018, 43 TexReg 2147

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