| (a) Except as otherwise provided in this section, an
individual applying for a respiratory care practitioner certificate
issued by the advisory board must:
(1) submit an application on forms approved by the
advisory board;
(2) pay the appropriate application fee as prescribed
by the advisory board and as set forth in §175.1 of this title
(relating to Application and Administrative Fees);
(3) successfully complete an approved four-year high
school course of study or the equivalent as determined by the appropriate
educational agency;
(4) successfully complete an educational program for
respiratory care practitioners accredited by the Commission on Accreditation
for Respiratory Care (CoARC) or other accrediting body approved by
the advisory board, and hold a valid and current certification issued
by the NBRC;
(5) certify that the applicant is mentally and physically
able to function safely as a respiratory care practitioner;
(6) not have a license, certification, or registration
as a respiratory care practitioner in this state or from any other
licensing or certifying authority that is currently revoked or on
suspension or the applicant is not subject to probation or other disciplinary
action for cause;
(7) not have any proceeding that has been instituted
against the applicant for the restriction, cancellation, suspension,
or revocation of a certificate, permit, license, or other authority
to practice respiratory care in any state, territory, Canadian province,
country, or uniformed service of the United States in which it was
issued;
(8) not have pending any prosecution against applicant
in any state, federal, or international court for any offense that
under the laws of this state is a felony, a misdemeanor that involves
the practice of respiratory care, or a misdemeanor that involves a
crime of moral turpitude;
(9) be of good professional character as defined under §186.2(15)
of this chapter (relating to Definitions);
(10) submit a complete and legible set of fingerprints,
on a form prescribed by the Medical Board, for the purpose of obtaining
criminal history record information, as required by §604.1031
of the Act;
(11) submit to the board any other information the
board considers necessary to evaluate the applicant's qualifications;
(12) meet any other requirement established by rules
adopted by the advisory board;
(13) pass an independently evaluated respiratory care
practitioner examination prepared by the NBRC; and
(14) pass the jurisprudence examination ("JP exam"),
which shall be conducted on the certification requirements and other
laws, rules, or regulations applicable to the respiratory care practitioner
profession in this state. The jurisprudence examination shall be developed
and administered as follows:
(A) the staff of the Medical Board shall prepare questions
for the JP exam and provide a facility by which applicants can take
the examination;
(B) applicants must pass the JP exam with a score of
75 or better;
(C) an examinee shall not be permitted to bring books,
compends, notes, journals, calculators, "smart phones," cellular phones,
or other devices or materials designed to assist examinee pass the
exam into the examination room, nor be allowed to communicate by word
or sign with another examinee while the examination is in progress
without permission of the presiding examiner, nor be allowed to leave
the examination room except when so permitted by the presiding examiner;
(D) irregularities during an examination such as giving
or obtaining unauthorized information or aid as evidenced by observation
or subsequent statistical analysis of answer sheets, shall be sufficient
cause to terminate an applicant's participation in an examination,
invalidate the applicant's examination results, or take other appropriate
action; and
(E) a person who has passed the JP Exam shall not be
required to retake the Exam for recertification, except as a specific
requirement of the advisory board as part of an agreed order.
(b) The following documentation shall be submitted
as a part of the certificate application process:
(1) Birth Certificate/Proof of Age. Each applicant
for a certificate must provide a copy of a birth certificate and translation
if necessary to prove that the applicant is at least 18 years of age.
In instances where a birth certificate is not available the applicant
must provide copies of a passport or other suitable alternate documentation.
(2) Name Change. Any applicant who submits documentation
showing a name other than the name under which the applicant has applied
must present certified copies of marriage licenses, divorce decrees,
or court orders stating the name change. In cases where the applicant's
name has been changed by naturalization, the applicant should send
the original naturalization certificate by certified mail to the advisory
board for inspection.
(3) Certification. Each applicant for a respiratory
care practitioner certificate issued by the advisory board must submit:
(A) a letter of verification of current certification
acceptable to the advisory board, sent directly from the certifying
body; and
(B) a certificate of successful completion of an educational
program submitted directly from the program on a form provided by
the advisory board.
(4) Examination Scores. Each applicant for a respiratory
care practitioner certificate issued by the advisory board must have
a certified transcript of grades submitted directly from the appropriate
testing service to the advisory board for all examinations accepted
by the advisory board for issuance of a certificate. The advisory
board must notify the applicant of the results of the examination
in accordance with §604.1042 of the Act.
(5) Evaluations.
(A) All applicants must provide evaluations, on forms
provided by the board, of their professional affiliations for the
past three years or since graduation from an educational program described
by subsection (a)(4) of this section, whichever is the shorter period.
(B) The evaluations must come from at least three supervisors
or instructors who are either Texas state-certified respiratory care
practitioners or licensed physicians and have each supervised the
applicant's work experience.
(C) An exception to subparagraph (B) of this paragraph
may be made for those applicants who provide adequate documentation
that they have not been supervised by at least three licensed physicians
or Texas state-certified respiratory care practitioners for the three
years preceding the board's receipt of application or since graduation,
whichever is the shorter period.
(6) Verification from Other States. On request of Medical
Board staff, an applicant must have any state, in which he or she
has ever been certified or otherwise licensed as a respiratory care
practitioner regardless of the current status of the certification
or license, submit to the advisory board a letter verifying the status
of the certificate or license and a description of any sanctions or
pending disciplinary matters. The information must be sent directly
from the state certifying or licensing entities. Such information
may be considered in accordance with §604.106 of the Act.
(7) Arrest Records. If an applicant has ever been arrested,
a copy of the arrest and arrest disposition must be requested from
the arresting authority and that authority must submit copies of such
records directly to the advisory board.
(8) Malpractice. If an applicant has ever been named
in a malpractice claim filed with any liability carrier or if an applicant
has ever been named in a malpractice suit, the applicant must:
(A) have each liability carrier complete a form furnished
by this advisory board regarding each claim filed against the applicant's
insurance;
(B) for each claim that becomes a malpractice suit,
have the attorney representing the applicant in each suit submit a
letter directly to the advisory board explaining the allegation, dates
of the allegation, and current status of the suit. If the suit has
been closed, the attorney must state the disposition of the suit,
and if any money was paid, the amount of the settlement. The letter
shall be accompanied by supporting documentation including court records
if applicable. If such letter is not available, the applicant will
be required to furnish a notarized affidavit explaining why this letter
cannot be provided; and
(C) provide a statement, composed by the applicant,
explaining the circumstances pertaining to patient care in defense
of the allegations.
(c) Review and Recommendations by the Executive Director.
Cont'd... |
