| (a) A respiratory care practitioner may have a certificate
placed on inactive status by applying to the advisory board. A respiratory
care practitioner with an inactive certificate must renew the inactive
certificate each year, but is excused from paying renewal fees on
the certificate. During the time the certificate is inactive, the
certificate holder may not practice as a respiratory care practitioner
in Texas.
(b) In order for a respiratory care practitioner certificate
holder to be placed on inactive status, the certificate must be in
good standing.
(c) A certificate holder who practices as a respiratory
care practitioner in Texas while on inactive status is considered
to be practicing without a certificate.
(d) 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, providing current verifications from each state in which the
respiratory care practitioner holds a certificate or license, demonstrating
current certification by NBRC, submitting professional evaluations
from each employment held after the certificate was placed on inactive
status, and complying with subsection (e) of this section.
(e) A respiratory care practitioner applicant applying
to return to active status shall provide sufficient documentation
to the advisory board that the applicant has, on a full-time basis
as defined in §186.4(e) of this chapter (relating to Procedural
Rules and Qualifications for Certificate Applicants), actively practiced
as a respiratory care practitioner or has been on the active teaching
faculty of an acceptable approved respiratory care practitioner program,
within either of the two years preceding receipt of an application
for reactivation. Applicants who do not meet this requirement may,
in the discretion of the advisory board, be eligible for the reactivation
of a certificate subject to one or more of the following conditions
or restrictions as set forth in paragraphs (1) - (5) of this subsection:
(1) current certification by the NBRC or such other
certifying body acceptable to the board;
(2) completion of approved continuing education in
topics specified by the advisory board;
(3) limitation and/or exclusion of the practice of
the applicant to specified activities of the practice as a respiratory
care practitioner;
(4) remedial education; and/or
(5) 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.
(f) After five years on inactive status, the certificate
shall be canceled as if by request. The respiratory care practitioner
may obtain a new certificate by complying with the requirements and
procedures for obtaining an original certificate.
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