| (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.
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