| (1) The executive director or designee shall review
each application for a respiratory care practitioner certificate and
may determine whether an applicant is eligible for a certificate or
refer an application to a committee of the advisory board for review.
(2) If the executive director or designee determines
that the applicant clearly meets all requirements for a certificate,
the executive director or designee may issue a certificate to the
applicant, to be effective on the date issued without formal board
approval, as authorized by §604.110 of the Act.
(3) If the executive director determines that the applicant
does not clearly meet all requirements for a certificate as prescribed
by the Act and this chapter, a certificate may be issued only upon
action by the advisory board following a recommendation by the Practice
Authorization Committee, in accordance with §604.110 and §604.209
of the Act and §187.13 of this title (relating to Informal Board
Proceedings Relating to Licensure Eligibility). Not later than the
20th day after the date the applicant receives notice of the executive
director's determination the applicant shall:
(A) request a review of the executive director's recommendation
by a committee of the board conducted in accordance with §187.13
of this title; or
(B) withdraw his or her application.
(C) If an applicant fails to take timely action, as
provided under this subsection, such inaction shall be deemed a withdrawal
of his or her application.
(4) To promote the expeditious resolution of any certificate
issuance matter, the executive director, with the approval of the
board, may recommend that an applicant be eligible for a certificate,
but only under certain terms and conditions, and may present a proposed
agreed order or remedial plan to the applicant. Not later than the
20th day after the date the applicant receives notice of the executive
director's recommendation, the applicant shall do one of the following:
(A) sign the order/remedial plan and the order/remedial
plan shall be presented to the board for consideration and acceptance
without initiating a disciplinary licensure investigation (as defined
in §187.13 of this title) or appearing before a committee of
the board concerning issues relating to certificate eligibility; or
(B) request a review of the executive director's recommendation
by a committee of the board conducted in accordance with §187.13
of this title; or
(C) withdraw his or her application.
(D) If the applicant fails to take timely action, as
provided under this subsection, such inaction shall be deemed a withdrawal
of his or her application.
(d) Committee Referrals. An applicant who has either
requested to appear before the Practice Authorization Committee of
the advisory board or has elected to be referred to the Practice Authorization
Committee of the board due to a determination of ineligibility by
the executive director in accordance with this section, in lieu of
withdrawing the application for a certificate, may be subject to a
Disciplinary Licensure Investigation as defined by §187.13 of
this chapter. Review of the executive director's determination by
a committee of the board shall be conducted in accordance with §187.13
of this chapter.
(e) All respiratory care practitioner applicants shall
provide sufficient documentation to the advisory board that the applicant
has, on a full-time basis, actively practiced as a respiratory care
practitioner, has been a student at an acceptable approved respiratory
care practitioner program, or has been on the active teaching faculty
of an acceptable approved respiratory care practitioner program, within
either of the last two years preceding receipt of an application for
a respiratory care practitioner certificate. The term "full-time basis,"
for purposes of this section, shall mean at least 20 hours per week
for 40 weeks duration during a given year. Applicants who are unable
to demonstrate active practice on a full time basis may, in the discretion
of the advisory board, be eligible for an unrestricted certificate
or a restricted certificate subject to one or more of the following
conditions or restrictions as set forth in paragraphs (1) - (4) of
this subsection:
(1) completion of approved continuing education in
those topics specified by the advisory board;
(2) limitation and/or exclusion of the practice of
the applicant to specified activities of the practice as a respiratory
care practitioner;
(3) remedial education; and
(4) 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) Applicants for a respiratory care practitioner
certificate:
(1) whose applications have been filed with the advisory
board in excess of one year will be considered expired. Any fee previously
submitted with that application shall be forfeited unless otherwise
provided by §175.5 of this title (relating to Payment of Fees
or Penalties). Any further request for issuance of a certificate will
require submission of a new application and inclusion of the current
fee. An extension to an application may be granted under certain circumstances,
including:
(A) delay by advisory board staff in processing an
application;
(B) application requires Practice Authorization Committee
review after completion of all other processing and will expire prior
to the next scheduled meeting;
(C) Practice Authorization Committee requires an applicant
to meet specific additional requirements for certification and the
application will expire prior to deadline established by the Committee;
(D) applicant requires a reasonable, limited additional
period of time to obtain documentation after completing all other
requirements and demonstrating diligence in attempting to provide
the required documentation;
(E) applicant is delayed due to unanticipated military
assignments, medical reasons, or catastrophic events;
(2) who in any way falsify the application may be required
to appear before the advisory board;
(3) on whom adverse information is received by the
advisory board may be required to appear before the advisory board;
(4) shall be required to comply with the advisory board's
rules and regulations which are in effect at the time the completed
application form and fee are filed with the advisory board;
(5) may be required to sit for additional oral or written
examinations that, in the opinion of the advisory board, are necessary
to determine competency of the applicant;
(6) must have the application for a certificate complete
in every detail 20 days prior to the advisory board meeting in which
they are considered for approval. Applicants may qualify for a Temporary
Permit prior to being considered by the advisory board for issuance
of a certificate, as required by §186.7 of this chapter (relating
to Temporary Permit);
(7) who previously held a Texas health care provider
license, certificate, permit, or registration may be required to complete
additional forms as required.
(g) Alternative Certification Procedure for Military
Service Members, Military Veterans, and Military Spouses:
(1) An applicant who is a military service member,
military veteran, or military spouse, as defined in §186.2 of
this chapter (relating to Definitions), may be eligible for alternative
demonstrations of competency for certain Texas state-certification
requirements. Unless specifically allowed in this subsection, an applicant
must meet the requirements for certification as specified in this
chapter.
(2) To be eligible, an applicant must be a military
service member, military veteran, or military spouse and meet one
of the following requirements:
(A) holds an active unrestricted respiratory care practitioner
certificate or license issued by another state that has certification
or licensure requirements that are substantially equivalent to the
requirements for a Texas respiratory care practitioner certificate;
or
(B) within the five years preceding the application
date, applicant must have held a respiratory care practitioner certificate
in this state that expired and was cancelled for nonpayment while
the applicant lived in another state for at least six months.
(3) Applications for a respiratory care practitioner
certificate from applicants qualifying under paragraphs (1) and (2)
of this subsection shall be expedited by the Medical Board's licensure
division.
(4) Alternative Demonstrations of Competency Allowed.
Applicants qualifying under paragraphs (1) and (2) of this subsection:
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