reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter D. Renewal of Certificate or Temporary Permit › Section 604.1522. Renewal of Certificate by Out-of-State Practitioner

Sec. 604.1522.  RENEWAL OF CERTIFICATE BY OUT-OF-STATE PRACTITIONER.  (a)  A person who was certified in this state, moved to another state, and is currently certified and has been in practice in the other state for the two years preceding the date of application may obtain a new certificate without reexamination.
(b)  The person must pay to the advisory board a fee that is equal to two times the normally required renewal fee for the certificate.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.340(b), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.175, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter D. Renewal of Certificate or Temporary Permit › Section 604.1523. Criminal History Record Information Requirement for Renewal

Sec. 604.1523.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR RENEWAL.  (a)  An applicant for renewal of a certificate or temporary permit shall submit a complete and legible set of fingerprints for purposes of performing a criminal history check of the applicant as provided by Section 604.1031.
(b)  The advisory board may not renew the certificate or temporary permit of a person who does not comply with the requirement of Subsection (a).
(c)  A person is not required to submit fingerprints under this section for the renewal of a certificate or temporary permit if the person has previously submitted fingerprints under:
(1)  Section 604.1031 for the initial issuance of the certificate or permit; or
(2)  this section as part of a prior renewal of a certificate or permit.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.176, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter D. Renewal of Certificate or Temporary Permit › Section 604.153. Issuance of Renewal Certificate

Sec. 604.153.  ISSUANCE OF RENEWAL CERTIFICATE.  (a)  The advisory board shall issue to the certificate holder a certificate for the renewal period on receipt of the completed renewal notice and other information required by advisory board rule and payment of the renewal fee.
(b)  The renewal is valid for the period stated on the renewal certificate.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.177, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter D. Renewal of Certificate or Temporary Permit › Section 604.154. Continuing Education Requirements

Sec. 604.154.  CONTINUING EDUCATION REQUIREMENTS.  (a)  The advisory board shall establish for the renewal of a certificate uniform continuing education requirements of not less than 12 or more than 24 continuing education hours for each renewal period.
(b)  The advisory board may adopt rules relating to meeting the continuing education requirements in a hardship situation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 167 (H.B. 102), Sec. 3, eff. May 27, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.200, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.178, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter D. Renewal of Certificate or Temporary Permit › Section 604.156. Inactive Status

Sec. 604.156.  INACTIVE STATUS.  (a)  A respiratory care practitioner who does not practice respiratory care during a renewal period and who notifies the advisory board that the practitioner is not practicing respiratory care is not required to pay the renewal fee until the practitioner resumes practice.
(b)  To resume the practice of respiratory care, the practitioner must:
(1)  notify the advisory board;
(2)  satisfy requirements adopted by the advisory board; and
(3)  pay the reinstatement fee and the renewal fee for the renewal period in which the practitioner will resume practice.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.201, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.179, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter D. Renewal of Certificate or Temporary Permit › Section 604.157. Renewal of Temporary Permit

Sec. 604.157.  RENEWAL OF TEMPORARY PERMIT.  (a)  Before the expiration of a temporary permit, the permit holder may apply for renewal of the temporary permit.
(b)  The advisory board may renew a temporary permit for not more than one additional period, pending compliance with this chapter and advisory board rules.  The additional period may not be less than six months or more than 12 months.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.202, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.180, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter D. Renewal of Certificate or Temporary Permit › Section 604.158. Refusal for Violation of Board Order

Sec. 604.158.  REFUSAL FOR VIOLATION OF BOARD ORDER.  The advisory board may refuse to renew a certificate or temporary permit issued under this chapter if the certificate or permit holder is in violation of an advisory board order.
Added by Acts 2017, 85th Leg., R.S., Ch. 567 (S.B. 674), Sec. 16, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter D. -1. Complaints and Investigative Information › Section 604.171. Complaint Information and Status

Sec. 604.171.  COMPLAINT INFORMATION AND STATUS.  (a)  The advisory board shall maintain a system to promptly and efficiently act on complaints filed with the advisory board.  The advisory board shall maintain:
(1)  information about the parties to the complaint and the subject matter of the complaint;
(2)  a summary of the results of the review or investigation of the complaint; and
(3)  information about the disposition of the complaint.
(b)  The advisory board shall make information available describing its procedures for complaint investigation and resolution.
(c)  If a written complaint is filed with the advisory board relating to a certificate or temporary permit holder, the advisory board, as often as quarterly and until final determination of the action to be taken on the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an active investigation.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.181, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter D. -1. Complaints and Investigative Information › Section 604.172. Conduct of Investigation

Sec. 604.172.  CONDUCT OF INVESTIGATION.  The advisory board shall complete a preliminary investigation of a complaint filed with the advisory board not later than the 45th day after the date of receiving the complaint.  The advisory board shall first determine whether the person constitutes a continuing threat to the public welfare.  On completion of the preliminary investigation, the advisory board shall determine whether to officially proceed on the complaint.  If the advisory board fails to complete the preliminary investigation in the time required by this section, the advisory board's official investigation of the complaint is considered to commence on that date.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.181, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter D. -1. Complaints and Investigative Information › Section 604.173. Access to Complaint Information

Sec. 604.173.  ACCESS TO COMPLAINT INFORMATION.  (a)  Except as provided by Subsection (b), the advisory board shall provide a person who is the subject of a formal complaint filed under this chapter with access to all information in its possession that the advisory board intends to offer into evidence in presenting its case in chief at the contested hearing on the complaint, subject to any other privilege or restriction established by rule, statute, or legal precedent.  The advisory board shall provide the information not later than the 30th day after receipt of a written request from the person or the person's counsel, unless good cause is shown for delay.
(b)  The advisory board is not required to provide:
(1)  advisory board investigative reports;
(2)  investigative memoranda;
(3)  the identity of a nontestifying complainant;
(4)  attorney-client communications;
(5)  attorney work product; or
(6)  other material covered by a privilege recognized by the Texas Rules of Civil Procedure or the Texas Rules of Evidence.
(c)  Providing information under this section does not constitute a waiver of privilege or confidentiality under this chapter or other law.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.181, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter D. -1. Complaints and Investigative Information › Section 604.174. Health Care Entity Request for Information

Sec. 604.174.  HEALTH CARE ENTITY REQUEST FOR INFORMATION.  On the written request of a health care entity, the advisory board shall provide to the entity:
(1)  information about a complaint filed against a person that was resolved after investigation by:
(A)  a disciplinary order of the advisory board; or
(B)  an agreed settlement; and
(2)  the basis of and current status of any complaint that has been referred by the executive director of the medical board for enforcement action.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.181, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter D. -1. Complaints and Investigative Information › Section 604.175. Confidentiality of Investigative Information

Sec. 604.175.  CONFIDENTIALITY OF INVESTIGATIVE INFORMATION.  A complaint, adverse report, investigation file, other report, or other investigative information in the possession of or received or gathered by the advisory board, the medical board, or an employee or agent of the medical board relating to a certificate or temporary permit holder, an application for a certificate or temporary permit, or a criminal investigation or proceeding is privileged and confidential and is not subject to discovery, subpoena, or other means of legal compulsion for release to any person other than the advisory board, the medical board, or an employee or agent of the advisory board or medical board involved in discipline under this chapter.  For purposes of this section, "investigative information" includes information related to the identity of a person performing or supervising compliance monitoring for the advisory board or medical board and a report prepared by the person related to compliance monitoring.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.181, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter D. -1. Complaints and Investigative Information › Section 604.176. Permitted Disclosure of Investigative Information

Sec. 604.176.  PERMITTED DISCLOSURE OF INVESTIGATIVE INFORMATION.  (a)  Investigative information in the possession of the advisory board, the medical board, or an employee or agent of the medical board that relates to the discipline of a certificate or temporary permit holder may be disclosed to:
(1)  a licensing authority in another state or country in which the certificate or temporary permit holder is licensed, certified, or permitted or has applied for a license, certification, or permit; or
(2)  a medical peer review committee reviewing:
(A)  an application for privileges; or
(B)  the qualifications of the certificate holder or person with respect to retaining privileges.
(b)  If investigative information in the possession of the advisory board, the medical board, or an employee or agent of the medical board indicates that a crime may have been committed, the advisory board or medical board, as appropriate, shall report the information to the proper law enforcement agency.  The advisory board and medical board shall cooperate with and assist each law enforcement agency conducting a criminal investigation of a certificate or temporary permit holder by providing information relevant to the investigation.  Confidential information disclosed to a law enforcement agency under this subsection remains confidential and may not be disclosed by the law enforcement agency except as necessary to further the investigation.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.181, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter E. Prohibited Practices and Disciplinary Procedures › Section 604.201. Disciplinary Action

Sec. 604.201.  DISCIPLINARY ACTION.  (a)  For a violation of this chapter or a rule adopted under this chapter, the advisory board may:
(1)  deny, suspend, suspend on an emergency basis, restrict, revoke, or refuse to renew a certificate or temporary permit;
(2)  place the certificate or permit holder on probation under conditions set by the advisory board; or
(3)  reprimand the certificate or permit holder.
(b)  The advisory board shall take disciplinary action authorized under Subsection (a) if the advisory board determines that a person who holds a certificate or temporary permit:
(1)  is guilty of fraud or deceit in procuring, renewing, or attempting to procure a certificate or temporary permit;
(2)  is unfit or incompetent because of negligence or another cause of incompetency;
(3)  is addicted to or has improperly obtained, possessed, used, or distributed a habit-forming drug or narcotic or is habitually intemperate in the use of alcoholic beverages;
(4)  is guilty of dishonest or unethical conduct as determined by the advisory board;
(5)  has practiced respiratory care after the person's certificate or temporary permit has expired;
(6)  has practiced respiratory care under a certificate or temporary permit illegally or fraudulently obtained or issued;
(7)  has practiced respiratory care without the direction of a qualified medical director or other licensed physician;
(8)  has violated this chapter or aided or abetted another in violating this chapter; or
(9)  has violated:
(A)  a rule adopted under this chapter;
(B)  an order of the advisory board previously entered in a disciplinary proceeding; or
(C)  an order to comply with a subpoena issued under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.182, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter E. Prohibited Practices and Disciplinary Procedures › Section 604.2011. Surrender of Certificate or Temporary Permit

Sec. 604.2011.  SURRENDER OF CERTIFICATE OR TEMPORARY PERMIT.  (a)  The advisory board may accept the voluntary surrender of a certificate or temporary permit.  A person who has surrendered a certificate or temporary permit may not engage in activities that require a certificate or permit, and the advisory board may not return the certificate or permit to the person, until the person demonstrates to the satisfaction of the advisory board that the person is able to resume practice as a respiratory care practitioner.
(b)  The advisory board shall by rule establish guidelines for determining when a person is competent to resume practice as a respiratory care practitioner.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.183, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter E. Prohibited Practices and Disciplinary Procedures › Section 604.202. Emergency Suspension

Sec. 604.202.  EMERGENCY SUSPENSION.  (a)  The presiding officer of the advisory board shall appoint a three-member disciplinary panel consisting of advisory board members to determine whether a certificate or permit should be temporarily suspended.
(a-1)  The disciplinary panel shall temporarily suspend a certificate or temporary permit issued under this chapter on a determination that continued practice by a certificate or temporary permit holder would constitute a continuing threat to the public welfare.
(b)  A certificate or temporary permit may be suspended under this section without notice or hearing on the complaint if:
(1)  action is taken to initiate proceedings for a hearing before the advisory board simultaneously with the temporary suspension; and
(2)  a hearing is held as soon as practicable under this chapter and Chapter 2001, Government Code.
(c)  Notwithstanding Chapter 551, Government Code, the disciplinary panel may hold a meeting by telephone conference call if immediate action is required and convening of the panel at one location is inconvenient for any member of the panel.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.184, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter E. Prohibited Practices and Disciplinary Procedures › Section 604.203. Administrative Procedure for Contested Case Hearing

Sec. 604.203.  ADMINISTRATIVE PROCEDURE FOR CONTESTED CASE HEARING.  For a contested case hearing in which a formal complaint has been filed under this chapter, the procedure by which the advisory board takes a disciplinary action and the procedure by which a disciplinary action is appealed are governed by:
(1)  advisory board rules for a contested case hearing; and
(2)  Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.203, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.185, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter E. Prohibited Practices and Disciplinary Procedures › Section 604.204. Effect of Denial of Application or Revocation of Certificate or Temporary Permit

Sec. 604.204.  EFFECT OF DENIAL OF APPLICATION OR REVOCATION OF CERTIFICATE OR TEMPORARY PERMIT.  A person whose application for a certificate or temporary permit is denied or whose certificate or permit is revoked is ineligible for a certificate or permit under this chapter until the first anniversary of the date of the denial or revocation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter E. Prohibited Practices and Disciplinary Procedures › Section 604.205. Delegation of Certain Complaint Dispositions

Sec. 604.205.  DELEGATION OF CERTAIN COMPLAINT DISPOSITIONS.  (a)  The advisory board may delegate to a committee of medical board employees the authority to dismiss or enter into an agreed settlement of a complaint that does not relate directly to patient care or that involves only administrative violations.  The disposition determined by the committee must be approved by the advisory board at a public meeting.
(b)  A complaint delegated under this section shall be referred for an informal proceeding under Section 604.209 if:
(1)  the committee of employees determines that the complaint should not be dismissed or settled;
(2)  the committee is unable to reach an agreed settlement; or
(3)  the affected person requests that the complaint be referred for an informal proceeding.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.186, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter E. Prohibited Practices and Disciplinary Procedures › Section 604.206. Subpoena

Sec. 604.206.  SUBPOENA.  (a)  The executive director of the medical board, the director's designee, or the secretary-treasurer of the medical board may issue a subpoena or subpoena duces tecum for the advisory board:
(1)  to conduct an investigation or a contested proceeding related to:
(A)  alleged misconduct by a certificate or temporary permit holder;
(B)  an alleged violation of this chapter or other law related to respiratory care; or
(C)  the provision of health care under this chapter; or
(2)  for purposes of determining whether to issue, suspend, restrict, or revoke a certificate or temporary permit under this chapter.
(b)  Failure to timely comply with a subpoena issued under this section is a ground for:
(1)  disciplinary action by the advisory board or another licensing or regulatory agency with jurisdiction over the person subject to the subpoena; and
(2)  denial of an application for a certificate or temporary permit.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.186, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter E. Prohibited Practices and Disciplinary Procedures › Section 604.207. Protection of Patient Identity

Sec. 604.207.  PROTECTION OF PATIENT IDENTITY.  In a disciplinary investigation or proceeding conducted under this chapter, the advisory board shall protect the identity of each patient whose medical records are examined and used in a public proceeding unless the patient:
(1)  testifies in the public proceeding; or
(2)  submits a written release in regard to the patient's records or identity.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.186, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter E. Prohibited Practices and Disciplinary Procedures › Section 604.208. Required Suspension of License of Incarcerated Certificate or Temporary Permit Holder

Sec. 604.208.  REQUIRED SUSPENSION OF LICENSE OF INCARCERATED CERTIFICATE OR TEMPORARY PERMIT HOLDER.  Regardless of the offense, the advisory board shall suspend the certificate or temporary permit of a person serving a prison term in a state or federal penitentiary during the term of the incarceration.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.186, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter E. Prohibited Practices and Disciplinary Procedures › Section 604.209. Informal Proceedings

Sec. 604.209.  INFORMAL PROCEEDINGS.  (a)  The advisory board by rule shall adopt procedures governing:
(1)  informal disposition of a contested case under Section 2001.056, Government Code; and
(2)  informal proceedings held in compliance with Section 2001.054, Government Code.
(b)  Rules adopted under this section must require that:
(1)  an informal meeting in compliance with Section 2001.054, Government Code, be scheduled and the advisory board give notice to the person who is the subject of a complaint of the time and place of the meeting not later than the 45th day before the date the meeting is held;
(2)  the complainant and the person who is the subject of the complaint be provided an opportunity to be heard;
(3)  at least one of the advisory board members participating in the informal meeting as a panelist be a member who represents the public;
(4)  a member of the medical board's staff be at the meeting to present to the advisory board's representative the facts the staff reasonably believes it could prove by competent evidence or qualified witnesses at a hearing; and
(5)  the advisory board's legal counsel or a representative of the attorney general be present to advise the advisory board or the medical board's staff.
(c)  The person who is the subject of the complaint is entitled to:
(1)  reply to the staff's presentation; and
(2)  present the facts the person reasonably believes the person could prove by competent evidence or qualified witnesses at a hearing.
(d)  After ample time is given for the presentations, the advisory board representative shall recommend that the investigation be closed or shall attempt to mediate the disputed matters and make a recommendation regarding the disposition of the case in the absence of a hearing under applicable law concerning contested cases.
(e)  If the person who is the subject of the complaint has previously been the subject of disciplinary action by the advisory board, the advisory board shall schedule the informal meeting as soon as practicable.
(f)  Section 604.175 applies to an investigation file and investigative information in the possession of or used by the advisory board in an informal proceeding under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.186, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter E. Prohibited Practices and Disciplinary Procedures › Section 604.210. Advisory Board Representation in Informal Proceedings

Sec. 604.210.  ADVISORY BOARD REPRESENTATION IN INFORMAL PROCEEDINGS.  (a)  In an informal meeting under Section 604.209, at least two panelists shall be appointed to determine whether an informal disposition is appropriate.
(b)  Notwithstanding Subsection (a) and Section 604.209(b)(3), an informal proceeding may be conducted by one panelist if the person who is the subject of the complaint waives the requirement that at least two panelists conduct the informal proceeding.  If the person waives that requirement, the panelist may be any member of the advisory board.
(c)  Except as provided by Subsection (d), the panel requirements described by Subsections (a) and (b) apply to an informal proceeding conducted by the advisory board under Section 604.209, including a proceeding to:
(1)  consider a disciplinary case to determine if a violation has occurred; or
(2)  request modification or termination of an order.
(d)  The panel requirements described by Subsections (a) and (b) do not apply to an informal proceeding conducted by the advisory board under Section 604.209 to show compliance with an order of the advisory board.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.186, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter E. Prohibited Practices and Disciplinary Procedures › Section 604.212. Limit on Access to Investigation Files

Sec. 604.212.  LIMIT ON ACCESS TO INVESTIGATION FILES.  The advisory board shall prohibit or limit access to an investigation file relating to a person subject to an informal proceeding in the manner provided by Sections 164.007(c) and 604.175.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.186, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter E. Prohibited Practices and Disciplinary Procedures › Section 604.213. Refund

Sec. 604.213.  REFUND.  (a)  Subject to Subsection (b), the advisory board may order a certificate or temporary permit holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under Subchapter F.
(b)  The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the certificate or temporary permit holder for a service regulated by this chapter.  The advisory board may not require payment of other damages or estimate harm in a refund order.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.186, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter E. Prohibited Practices and Disciplinary Procedures › Section 604.214. Expert Immunity

Sec. 604.214.  EXPERT IMMUNITY.  An expert who assists the advisory board is immune from suit and judgment and may not be subjected to a suit for damages for any investigation, report, recommendation, statement, evaluation, finding, or other action taken in the course of assisting the advisory board in a disciplinary proceeding.  The attorney general shall represent the expert in any suit resulting from a service provided by the person in good faith to the advisory board.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.186, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter F. Administrative Penalties › Section 604.301. Imposition of Penalty

Sec. 604.301.  IMPOSITION OF PENALTY.  The advisory board may impose an administrative penalty on a person who violates this chapter or a rule adopted under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.187, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter F. Administrative Penalties › Section 604.302. Amount of Penalty

Sec. 604.302.  AMOUNT OF PENALTY.  (a)  The amount of an administrative penalty may not exceed $1,000 for each violation.  Each day a violation continues is a separate violation.
(b)  The amount of the penalty shall be based on:
(1)  the seriousness of the violation;
(2)  the history of previous violations;
(3)  the amount necessary to deter a future violation;
(4)  efforts made to correct the violation;  and
(5)  any other matter that justice requires.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter F. Administrative Penalties › Section 604.303. Notice of Violation and Penalty

Sec. 604.303.  NOTICE OF VIOLATION AND PENALTY.  If, after investigation of a possible violation and the facts surrounding the possible violation, the advisory board determines that a violation occurred, the advisory board shall give written notice of the violation to the person alleged to have committed the violation.  The notice must:
(1)  include a brief summary of the alleged violation;
(2)  state the amount of the proposed administrative penalty based on the factors set forth in Section 604.302(b); and
(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.188, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter F. Administrative Penalties › Section 604.304. Penalty to Be Paid or Hearing Requested

Sec. 604.304.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date the person receives the notice under Section 604.303, the person may:
(1)  accept the advisory board's determination and proposed administrative penalty; or
(2)  make a written request for a hearing on that determination.
(b)  If the person accepts the determination, the advisory board by order shall approve the determination and assess the proposed penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.204, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.189, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter F. Administrative Penalties › Section 604.305. Hearing

Sec. 604.305.  HEARING.  (a)  If the person requests a hearing in a timely manner, the advisory board shall:
(1)  set a hearing; and
(2)  give written notice of the hearing to the person.
(b)  The hearings examiner shall:
(1)  make findings of fact and conclusions of law; and
(2)  promptly issue to the advisory board a proposal for decision as to the occurrence of the violation and the amount of any proposed administrative penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.205, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.190, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter F. Administrative Penalties › Section 604.306. Decision by Advisory Board

Sec. 604.306.  DECISION BY ADVISORY BOARD.  (a)  Based on the findings of fact, conclusions of law, and proposal for decision, the advisory board by order may determine that:
(1)  a violation occurred and impose an administrative penalty; or
(2)  a violation did not occur.
(b)  The advisory board shall give notice of the order to the person.  The notice must include:
(1)  separate statements of the findings of fact and conclusions of law;
(2)  the amount of any penalty imposed; and
(3)  a statement of the person's right to judicial review of the order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.207, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.191, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter F. Administrative Penalties › Section 604.307. Options Following Decision: Pay or Appeal

Sec. 604.307.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the order becomes final, the person shall:
(1)  pay the administrative penalty;
(2)  pay the penalty and file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both;  or
(3)  without paying the penalty, file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both.
(b)  Within the 30-day period, a person who acts under Subsection (a)(3) may:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account; or
(B)  giving to the court a supersedeas bond approved by the court that:
(i)  is for the amount of the penalty; and
(ii)  is effective until judicial review of the order is final; or
(2)  request the court to stay enforcement of the penalty by:
(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and
(B)  giving a copy of the affidavit to the advisory board by certified mail.
(c)  If the advisory board receives a copy of an affidavit under Subsection (b)(2), the advisory board may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.
(d)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay enforcement of the penalty on finding that the alleged facts are true.  The person who files the affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.192, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter F. Administrative Penalties › Section 604.308. Collection of Penalty

Sec. 604.308.  COLLECTION OF PENALTY.  If the person does not pay the penalty and enforcement of the penalty is not stayed, the advisory board may refer the matter to the attorney general for collection of the penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.193, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter F. Administrative Penalties › Section 604.309. Determination of Court

Sec. 604.309.  DETERMINATION OF COURT.  (a)  If the court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced penalty.
(b)  If the court does not sustain the determination that a violation occurred, the court shall order that a penalty is not owed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter F. Administrative Penalties › Section 604.310. Remittance of Penalty and Interest

Sec. 604.310.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final:
(1)  order that the appropriate amount, plus accrued interest, be remitted to the person if the person paid the penalty;
(2)  order the release of the escrow account in full if the penalty is not imposed or order that the amount of a reduced penalty be paid from the escrow account and that the remainder of the account be released if the person paid the penalty into an escrow account;  or
(3)  order the release of the bond in full if the penalty is not imposed or order the release of the bond after the person pays the penalty imposed if the person posted a supersedeas bond.
(b)  The interest paid under Subsection (a)(1) is the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter F. Administrative Penalties › Section 604.311. Administrative Penalty Expenses and Costs

Sec. 604.311.  ADMINISTRATIVE PENALTY EXPENSES AND COSTS.  (a)  In this section, "reasonable expenses and costs" includes expenses incurred by the advisory board or the attorney general in the investigation, initiation, or prosecution of an action, including reasonable investigative costs, court costs, attorney's fees, witness fees, and deposition expenses.
(b)  The advisory board may assess reasonable expenses and costs against a person in an administrative hearing if, as a result of the hearing, an administrative penalty is assessed against the person.  The person shall pay expenses and costs assessed under this subsection not later than the 30th day after the date the order of the advisory board requiring the payment of expenses and costs is final.  The advisory board may refer the matter to the attorney general for collection of the expenses and costs.
(c)  If the attorney general brings an action against a person to enforce an administrative penalty assessed under this subchapter and the person is found liable for an administrative penalty, the attorney general may recover, on behalf of the attorney general and the advisory board, reasonable expenses and costs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.208, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.194, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter F. Administrative Penalties › Section 604.312. Administrative Procedures

Sec. 604.312.  ADMINISTRATIVE PROCEDURES.  A proceeding relating to the assessment of an administrative penalty under this subchapter is subject to Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter G. Criminal Penalties and Enforcement Provisions › Section 604.351. General Criminal Penalty

Sec. 604.351.  GENERAL CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly violates Section 604.101 or 604.102.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter G. Criminal Penalties and Enforcement Provisions › Section 604.352. Other Criminal Offenses

Sec. 604.352.  OTHER CRIMINAL OFFENSES.  (a)  A person commits an offense if the person knowingly:
(1)  sells, fraudulently obtains, or furnishes a respiratory care diploma, certificate, temporary permit, or record;
(2)  practices respiratory care under a respiratory care diploma, certificate, temporary permit, or record illegally or fraudulently obtained or issued;
(3)  impersonates in any manner a respiratory care practitioner;
(4)  practices respiratory care while the person's certificate or temporary permit is suspended, revoked, or expired;
(5)  conducts a formal respiratory care education program to prepare respiratory care personnel other than a program approved by the advisory board;
(6)  employs a person as a respiratory care practitioner who does not hold a certificate or temporary permit in the practice of respiratory care; or
(7)  otherwise practices medicine in violation of Section 604.002.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.196, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter A. General Provisions › Section 605.001. Short Title

Sec. 605.001.  SHORT TITLE.  This chapter may be cited as the Orthotics and Prosthetics Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter B. Orthotists and Prosthetists Advisory Board › Section 605.052. Advisory Board Membership

Sec. 605.052.  ADVISORY BOARD MEMBERSHIP.  (a)  The advisory board consists of seven members appointed by the presiding officer of the commission with the approval of the commission as follows:
(1)  two licensed orthotist members who each have practiced orthotics for the five years preceding the date of appointment;
(2)  two licensed prosthetist members who each have practiced prosthetics for the five years preceding the date of appointment;
(3)  one licensed prosthetist orthotist member who has practiced orthotics and prosthetics for the five years preceding the date of appointment;
(4)  one member who is a representative of the public who uses an orthosis; and
(5)  one member who is a representative of the public who uses a prosthesis.
(b)  Appointments to the advisory board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 30.01, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.168, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter B. Orthotists and Prosthetists Advisory Board › Section 605.0521. Duties of Advisory Board

Sec. 605.0521.  DUTIES OF ADVISORY BOARD.  The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.169, eff. September 1, 2015.