reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter K. Administrative Penalty › Section 603.508. Collection of Penalty

Sec. 603.508.  COLLECTION OF PENALTY.  (a)  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the penalty may be collected.
(b)  The attorney general may sue to collect the penalty.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 19, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter K. Administrative Penalty › Section 603.509. Determination by Court

Sec. 603.509.  DETERMINATION BY 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 amount of the penalty.
(b)  If the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 19, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter K. Administrative Penalty › Section 603.510. Remittance of Penalty and Interest

Sec. 603.510.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If the person paid the administrative penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, that the appropriate amount plus accrued interest be remitted to the person.
(b)  The interest accrues at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.
(c)  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.
(d)  If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, the release of the bond.
(e)  If the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the reduced amount.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 19, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter K. Administrative Penalty › Section 603.511. Administrative Procedure

Sec. 603.511.  ADMINISTRATIVE PROCEDURE.  A proceeding under this subchapter is a contested case under Chapter 2001, Government Code.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 19, eff. Sept. 1, 2003.
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 A. General Provisions › Section 604.001. Definitions

Sec. 604.001.  DEFINITIONS.  In this chapter:
(1)  "Advisory board" means the Texas Board of Respiratory Care.
(2)  "Medical board" means the Texas Medical Board.
(3)  "Respiratory care" means the treatment, management, control, diagnostic evaluation, or care of a patient who has a deficiency or abnormality associated with the cardiorespiratory system.
(4)  "Respiratory care practitioner" means a person who holds a certificate or temporary permit under this chapter to practice respiratory care.
(5)  "Respiratory care procedure" means respiratory care provided by the therapeutic and diagnostic use of medical gases, humidifiers, and aerosols, the administration of drugs and medications to the cardiorespiratory system, ventilatory assistance and ventilatory control, postural drainage, chest drainage, chest percussion or vibration, breathing exercises, respiratory rehabilitation, cardiopulmonary resuscitation, the maintenance of natural airways, and the insertion and maintenance of artificial airways.  The term includes a technique used to assist in diagnosis, monitoring, treatment, and research, as ordered by a patient's physician, including:
(A)  the measurement of ventilatory volumes, pressures, and flows;
(B)  the specimen collection of blood and other materials;
(C)  pulmonary function testing;  and
(D)  hemodynamic and other related physiological forms of monitoring or treating the cardiorespiratory system.
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. 5.188, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.149, 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 A. General Provisions › Section 604.002. Interpretation: Practice of Medicine

Sec. 604.002.  INTERPRETATION:  PRACTICE OF MEDICINE.  This chapter does not permit the practice of medicine, as defined by Subtitle B, by a respiratory care practitioner.
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 A. General Provisions › Section 604.003. Effect of Chapter

Sec. 604.003.  EFFECT OF CHAPTER.  This chapter does not prohibit:
(1)  the practice of respiratory care as an integral part of the program of study by a student enrolled in a respiratory care education program approved by the advisory board;
(2)  the employment by a health care facility of a person to deliver limited respiratory care support services under the supervision of another person who holds a certificate issued under this chapter, if the person delivering the services does not perform an invasive procedure related to critical respiratory care, including a therapeutic, diagnostic, or palliative procedure, as part of the person's employment and if that person:
(A)  is enrolled for credit in the clinical portion of an approved respiratory care education program; or
(B)  has completed all of the clinical portion of an approved respiratory care education program within the preceding 12 months and is actively pursuing a course of study leading to graduation from the program;
(3)  the care of an ill person provided without charge by a friend or family member;
(4)  care provided in an emergency by a person who does not claim to be a respiratory care practitioner;
(5)  the performance by a respiratory care practitioner of an advance in the art and techniques of respiratory care learned through formal or specialized training;
(6)  the practice of respiratory care by health care personnel who have been formally trained in the care used and who are:
(A)  licensed under the law regulating their professions; or
(B)  acting under the delegated authority of a licensed physician;
(7)  the practice of a legally qualified respiratory care practitioner who is discharging the practitioner's official duties as an employee of the United States government; or
(8)  the practice by a person of a profession or occupation for which the person is licensed, registered, or certified under another law of this state.
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. 2.150, 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 A. -1. Texas Board of Respiratory Care › Section 604.021. Texas Board of Respiratory Care

Sec. 604.021.  TEXAS BOARD OF RESPIRATORY CARE.  The Texas Board of Respiratory Care is an advisory board to the Texas Medical Board.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.151, 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 A. -1. Texas Board of Respiratory Care › Section 604.022. Appointment of Advisory Board

Sec. 604.022.  APPOINTMENT OF ADVISORY BOARD.  (a)  The advisory board consists of nine members appointed by the governor with the advice and consent of the senate as follows:
(1)  four respiratory care practitioners who each have at least five years of experience as a respiratory care practitioner;
(2)  two physicians licensed in this state who supervise respiratory care practitioners; and
(3)  three members who represent the public.
(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.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.151, 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 A. -1. Texas Board of Respiratory Care › Section 604.023. Membership Eligibility and Restrictions

Sec. 604.023.  MEMBERSHIP ELIGIBILITY AND RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a public member of the advisory board if the person or the person's spouse:
(1)  is registered, certified, or licensed by a regulatory agency in a health care profession;
(2)  is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the medical board or advisory board;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the medical board or advisory board; or
(4)  uses or receives a substantial amount of tangible goods, services, or money from the medical board or advisory board other than compensation or reimbursement authorized by law for advisory board membership, attendance, or expenses.
(c)  A person may not be a member of the advisory board if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care.
(d)  A person may not be a member of the advisory board or act as the general counsel to the advisory board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the medical board or advisory board.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.151, 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 A. -1. Texas Board of Respiratory Care › Section 604.024. Terms; Vacancies

Sec. 604.024.  TERMS; VACANCIES.  (a)  Members of the advisory board are appointed for staggered six-year terms.  The terms of three members expire on February 1 of each odd-numbered year.
(b)  A member may not serve more than:
(1)  two consecutive full terms; or
(2)  a total of three full terms.
(c)  If a vacancy occurs during a member's term, the governor shall appoint a new member to fill the unexpired term.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.151, 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 A. -1. Texas Board of Respiratory Care › Section 604.025. Officers

Sec. 604.025.  OFFICERS.  The governor shall designate a member of the advisory board as the presiding officer of the advisory board to serve in that capacity at the will of the governor.  The advisory board shall select from its membership an assistant presiding officer and other officers as the advisory board considers necessary to carry out the advisory board's duties.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.151, 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 A. -1. Texas Board of Respiratory Care › Section 604.026. Grounds for Removal

Sec. 604.026.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the advisory board that a member:
(1)  does not have at the time of taking office the qualifications required by Sections 604.022 and 604.023;
(2)  does not maintain during service on the advisory board the qualifications required by Sections 604.022 and 604.023;
(3)  is ineligible for membership under Section 604.023;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5)  is absent from more than half of the regularly scheduled advisory board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the advisory board.
(b)  The validity of an action of the advisory board is not affected by the fact that it is taken when a ground for removal of an advisory board member exists.
(c)  If the executive director of the medical board has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the advisory board of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the advisory board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.151, 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 A. -1. Texas Board of Respiratory Care › Section 604.027. Per Diem

Sec. 604.027.  PER DIEM.  A member of the advisory board is entitled to receive a per diem as set by legislative appropriation for each day that the member engages in the business of the advisory board.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.151, 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 A. -1. Texas Board of Respiratory Care › Section 604.028. Application of Open Meetings, Open Records, and Administrative Procedure Laws

Sec. 604.028.  APPLICATION OF OPEN MEETINGS, OPEN RECORDS, AND ADMINISTRATIVE PROCEDURE LAWS.  Except as otherwise provided by this chapter, the advisory board is subject to Chapters 551, 552, and 2001, Government Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.151, 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 A. -1. Texas Board of Respiratory Care › Section 604.029. Meetings; Quorum Requirements

Sec. 604.029.  MEETINGS; QUORUM REQUIREMENTS.  (a)  The advisory board shall conduct regular meetings at least three times a year at the times and places the advisory board considers most convenient for applicants and advisory board members.
(b)  The advisory board may hold special meetings in accordance with rules adopted by the advisory board and approved by the medical board.
(c)  A majority of the advisory board members constitutes a quorum for all purposes except for an advisory board activity related to examining the credentials of applicants, acting as a panel for disciplinary action under Section 604.202, or conducting an informal meeting under Section 604.209.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.151, 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 A. -1. Texas Board of Respiratory Care › Section 604.030. Training

Sec. 604.030.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the advisory board may not vote, deliberate, or be counted as a member in attendance at a meeting of the advisory board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing advisory board operations;
(2)  the programs, functions, rules, and budget of the advisory board;
(3)  the scope of and limitations on the rulemaking authority of the advisory board;
(4)  the types of advisory board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the advisory board regulates, including any rule, interpretation, or enforcement action that:
(A)  regulates the scope of practice of persons in a profession or business the advisory board regulates;
(B)  restricts advertising by persons in a profession or business the advisory board regulates;
(C)  affects the price of goods or services provided by persons in a profession or business the advisory board regulates; or
(D)  restricts participation in a profession or business the advisory board regulates;
(5)  the results of the most recent formal audit of the advisory board;
(6)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosure of conflicts of interest; and
(B)  other laws applicable to members of the advisory board in performing their duties; and
(7)  any applicable ethics policies adopted by the advisory board or the Texas Ethics Commission.
(c)  A person appointed to the advisory board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director of the medical board shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each advisory board member.  Each board member shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.151, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 28, eff. September 1, 2019.
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 B. Powers and Duties of Advisory Board and Medical Board › Section 604.052. General Powers and Duties of Advisory Board

Sec. 604.052.  GENERAL POWERS AND DUTIES OF ADVISORY BOARD.  (a)  The advisory board shall:
(1)  adopt rules that are reasonable and necessary for the performance of the advisory board's duties under this chapter, as provided by Chapter 2001, Government Code, including rules to establish:
(A)  the certification and permitting program;
(B)  minimum qualifications for respiratory care practitioners;
(C)  standards of conduct and fitness for respiratory care practitioners;
(D)  grounds for disciplinary actions;
(E)  procedures for disciplinary proceedings;
(F)  guidelines for the issuance of sanctions;
(G)  procedures for non-disciplinary remedial plans; and
(H)  procedures for requiring an applicant for or holder of a certificate or temporary permit to submit to:
(i)  an examination of the applicant's or holder's physical or mental health; and
(ii)  screening for alcohol or substance abuse or behavioral issues;
(2)  review and approve or reject each application for the issuance or renewal of a certificate or temporary permit;
(3)  adopt procedures for the issuance or renewal of each certificate or permit;
(4)  deny, suspend, restrict, cancel, or revoke a certificate or temporary permit or otherwise discipline a certificate or permit holder; and
(5)  take any other action necessary to carry out the functions and duties of the advisory board under this chapter.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 2.197, eff. September 1, 2015.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 2.197, eff. September 1, 2015.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.339(a), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.191, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.153, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.154, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.197(25), 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 B. Powers and Duties of Advisory Board and Medical Board › Section 604.0521. Guidelines for Early Involvement in Rulemaking Process

Sec. 604.0521.  GUIDELINES FOR EARLY INVOLVEMENT IN RULEMAKING PROCESS.  (a)  The advisory board shall adopt guidelines to establish procedures for receiving input during the rulemaking process from individuals and groups that have an interest in matters under the advisory board's jurisdiction.  The guidelines must provide an opportunity for those individuals and groups to provide input before the advisory board submits the rule to the medical board for approval.
(b)  A rule adopted under this chapter may not be challenged on the grounds that the advisory board did not comply with this section.  If the advisory board was unable to solicit a significant amount of input from the public or affected persons early in the rulemaking process, the advisory board shall state in writing the reasons why it was unable to do so.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.155, 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 B. Powers and Duties of Advisory Board and Medical Board › Section 604.0522. Powers and Duties of Medical Board Relating to Respiratory Care Practitioners

Sec. 604.0522.  POWERS AND DUTIES OF MEDICAL BOARD RELATING TO RESPIRATORY CARE PRACTITIONERS.  (a)  The medical board shall adopt rules consistent with this chapter to regulate:
(1)  respiratory care practitioners; and
(2)  physicians who supervise respiratory care practitioners.
(b)  The medical board, by a majority vote, shall approve or reject each rule adopted by the advisory board.  If approved, the rule may take effect.  If the rule is rejected, the medical board shall return the rule to the advisory board for revision.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.155, 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 B. Powers and Duties of Advisory Board and Medical Board › Section 604.053. Fees

Sec. 604.053.  FEES.  (a)  The advisory board by rule shall set fees for an application, examination, certificate, temporary permit, permit and certificate renewal, and certificate reinstatement.
(b)  The advisory board by rule shall set fees in reasonable amounts that are sufficient to cover the costs of administering this chapter.
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. 5.192, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.156, 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 B. Powers and Duties of Advisory Board and Medical Board › Section 604.054. Approval of Education Programs

Sec. 604.054.  APPROVAL OF EDUCATION PROGRAMS.  In determining whether to approve a respiratory care education program, the advisory board shall consider relevant information about the quality of the program, including accreditation of the program by a professional medical association, such as the Commission on Accreditation of Allied Health Education Programs.
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. 2.157, 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 B. Powers and Duties of Advisory Board and Medical Board › Section 604.055. Peer Assistance Program

Sec. 604.055.  PEER ASSISTANCE PROGRAM.  The advisory board may use the Texas Physician Health Program established under Chapter 167 as the advisory board's peer assistance program.  The advisory board by rule may establish procedures for making a confidential referral to the Texas Physician Health Program and for requiring participation in the program as a prerequisite for issuing or maintaining a certificate or temporary permit under this chapter.
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. 5.193, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.158, 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 B. Powers and Duties of Advisory Board and Medical Board › Section 604.057. Rules Regarding Advertising or Competitive Bidding

Sec. 604.057.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.  (a)  The advisory board may not adopt rules restricting advertising or competitive bidding by a temporary permit or certificate holder except to prohibit false, misleading, or deceptive practices.
(b)  In adopting rules to prohibit false, misleading, or deceptive practices, the advisory board may not include a rule that:
(1)  restricts the use of any medium for advertising;
(2)  restricts the use of a temporary permit or certificate holder's personal appearance or voice in an advertisement;
(3)  relates to the size or duration of an advertisement by the temporary permit or certificate holder; or
(4)  restricts the temporary permit or certificate holder's advertisement under a trade name.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.339(b), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.194, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.159, 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 B. Powers and Duties of Advisory Board and Medical Board › Section 604.058. Rules on Consequences of Criminal Conviction

Sec. 604.058.  RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.  The advisory board shall adopt rules and guidelines as necessary to comply with Chapter 53, except to the extent the requirements of this chapter are stricter than the requirements of Chapter 53.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.160, 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 B. Powers and Duties of Advisory Board and Medical Board › Section 604.059. Assistance by Medical Board; Division of Responsibilities

Sec. 604.059.  ASSISTANCE BY MEDICAL BOARD; DIVISION OF RESPONSIBILITIES.  (a)  The medical board shall provide administrative and clerical employees as necessary to enable the advisory board to administer this chapter.
(b)  Subject to the advice and approval of the medical board, the advisory board shall develop and implement policies that clearly separate the policy-making responsibilities of the advisory board and the management responsibilities of the executive director and staff of the medical board.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.160, 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 B. Powers and Duties of Advisory Board and Medical Board › Section 604.060. Public Participation

Sec. 604.060.  PUBLIC PARTICIPATION.  Subject to the advice and approval of the medical board, the advisory board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the advisory board and to speak on any issue under the jurisdiction of the advisory board.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.160, 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 C. Certificate and Temporary Permit Requirements › Section 604.101. Certificate or Temporary Permit Required; Supervision

Sec. 604.101.  CERTIFICATE OR TEMPORARY PERMIT REQUIRED;  SUPERVISION.  (a)  A person may not represent that the person is able to practice respiratory care or that the person is a respiratory care practitioner unless the person holds a certificate or temporary permit issued under this chapter.
(b)  A person may not practice respiratory care other than under the direction of a qualified medical director or other physician licensed by the medical board.
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. 5.195, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.161, 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 C. Certificate and Temporary Permit Requirements › Section 604.102. Use of Title

Sec. 604.102.  USE OF TITLE.  (a)  A person who does not hold a certificate or temporary permit under this chapter as a respiratory care practitioner or whose certificate or permit has been suspended or revoked may not:
(1)  use in connection with the person's practice:
(A)  the words "respiratory care," "respiratory therapist," "respiratory care practitioner," "certified respiratory care practitioner," or "respiratory therapy technician";
(B)  the letters "R.C.P.";  or
(C)  any other words, letters, abbreviations, or insignia indicating or implying that the person is a respiratory care practitioner;  or
(2)  directly or by implication represent in any way that the person is a respiratory care practitioner.
(b)  A person who holds a certificate or temporary permit to practice respiratory care under this chapter may use the title "respiratory care practitioner" and the abbreviation "R.C.P."
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 C. Certificate and Temporary Permit Requirements › Section 604.103. Application; Application Fee

Sec. 604.103.  APPLICATION; APPLICATION FEE.  An applicant for a certificate or temporary permit must:
(1)  apply to the advisory board on a form prescribed by and under rules adopted by the advisory board; and
(2)  submit a nonrefundable application fee with the application.
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. 5.196, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.162, 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 C. Certificate and Temporary Permit Requirements › Section 604.1031. Criminal History Record Information Requirement for Certificate or Temporary Permit

Sec. 604.1031.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR CERTIFICATE OR TEMPORARY PERMIT.  (a)  The advisory board shall require that an applicant for a certificate or temporary permit submit a complete and legible set of fingerprints, on a form prescribed by the advisory board, to the advisory board or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.
(b)  The advisory board may not issue a certificate or temporary permit to a person who does not comply with the requirement of Subsection (a).
(c)  The advisory board shall conduct a criminal history check of each applicant for a certificate or temporary permit using information:
(1)  provided by the individual under this section; and
(2)  made available to the advisory board by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.
(d)  The advisory board may:
(1)  enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section; and
(2)  authorize the Department of Public Safety to collect from each applicant the costs incurred by the Department of Public Safety in conducting the criminal history check.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.163, 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 C. Certificate and Temporary Permit Requirements › Section 604.104. Requirement for Certificate

Sec. 604.104.  REQUIREMENT FOR CERTIFICATE.  An applicant for a certificate must submit to the advisory board written evidence, verified by oath, that the applicant has completed:
(1)  an approved four-year high school course of study or the equivalent as determined by the appropriate educational agency; and
(2)  a respiratory care education program approved by the advisory board.
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. 2.164, 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 C. Certificate and Temporary Permit Requirements › Section 604.1041. Examination

Sec. 604.1041.  EXAMINATION.  (a)  The advisory board by rule shall establish examination requirements for a certificate under this chapter.  The advisory board may use the entry level examination prepared by the National Board for Respiratory Care or an equivalent examination.
(b)  An applicant for a certificate or temporary permit must pass a jurisprudence examination approved by the advisory board.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.339(c), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.197, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.165, 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 C. Certificate and Temporary Permit Requirements › Section 604.1042. Notification of Examination Results

Sec. 604.1042.  NOTIFICATION OF EXAMINATION RESULTS.  (a)  Not later than the 30th day after the date a person takes a certification examination under this chapter, the advisory board shall notify the person of the results of the examination.
(b)  If the examination is graded or reviewed by a testing service, the advisory board shall notify the person of the results of the examination not later than the 14th day after the date the advisory board receives the results from the testing service.  If notice of the examination results will be delayed for longer than 90 days after the examination date, the advisory board shall notify the person of the reason for the delay before the 90th day.
(c)  The advisory board may require a testing service to notify a person of the results of the person's examination.
(d)  If requested in writing by a person who fails a certification examination administered under this chapter, the advisory board shall furnish the person with an analysis of the person's performance on the examination.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.339(c), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.166, 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 C. Certificate and Temporary Permit Requirements › Section 604.105. Issuance of Certificate

Sec. 604.105.  ISSUANCE OF CERTIFICATE.  The advisory board shall issue a certificate to an applicant who:
(1)  meets the minimum qualifications adopted under Section 604.052(a);
(2)  passes the required examinations;
(3)  complies with the criminal history record information requirement of Section 604.1031;
(4)  submits an application on a form prescribed by the advisory board;
(5)  certifies that the applicant is mentally and physically able to be a respiratory care practitioner;
(6)  submits to the advisory board any other information the advisory board considers necessary to evaluate the applicant's qualifications; and
(7)  pays the certificate fee.
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. 2.167, 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 C. Certificate and Temporary Permit Requirements › Section 604.106. Issuance of Certificate by Reciprocity

Sec. 604.106.  ISSUANCE OF CERTIFICATE BY RECIPROCITY.  The advisory board may issue a certificate to a person who is licensed or certified to practice respiratory care by another state whose requirements for licensure or certification were on the date the license or certificate was issued substantially equal to the requirements of 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. 2.168, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 604 - Respiratory Care Practitioners › Subchapter C. Certificate and Temporary Permit Requirements › Section 604.107. Requirements for Temporary Permit

Sec. 604.107.  REQUIREMENTS FOR TEMPORARY PERMIT.  An applicant for a temporary permit to practice respiratory care must submit to the advisory board:
(1)  written evidence, verified by oath, that the applicant is:
(A)  practicing or has within the 12-month period preceding the application date practiced respiratory care in another state or country and is licensed to practice respiratory care in that state or country;
(B)  a student in an approved respiratory care education program who expects to graduate from the program not later than the 30th day after the date the temporary permit is issued; or
(C)  a graduate of an approved respiratory care education program; and
(2)  any additional information required by advisory board rules.
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. 2.169, 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 C. Certificate and Temporary Permit Requirements › Section 604.108. Issuance of Temporary Permit; Renewal

Sec. 604.108.  ISSUANCE OF TEMPORARY PERMIT;  RENEWAL.  (a)  The advisory board shall issue a temporary permit to an applicant who:
(1)  meets the requirements of Sections 604.103 and 604.107;
(2)  complies with the criminal history record information requirement of Section 604.1031; and
(3)  pays the permit fee.
(b)  A temporary permit is valid for the period set by advisory board rule.  The period may not be less than six months or more than 12 months.
(c)  A person whose certificate or temporary permit has expired may not engage in activities that require a certificate or temporary permit until the certificate or temporary permit has been renewed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.340(a), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.198, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.170, 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 C. Certificate and Temporary Permit Requirements › Section 604.109. Transfer of Certificate or Temporary Permit Prohibited

Sec. 604.109.  TRANSFER OF CERTIFICATE OR TEMPORARY PERMIT PROHIBITED.  A certificate or temporary permit issued under this chapter may not be transferred.
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 C. Certificate and Temporary Permit Requirements › Section 604.110. Delegation of Authority to Issue Certificate or Temporary Permit

Sec. 604.110.  DELEGATION OF AUTHORITY TO ISSUE CERTIFICATE OR TEMPORARY PERMIT.  The advisory board may delegate authority to medical board employees to issue certificates or temporary permits under this chapter to applicants who clearly meet all applicable requirements.  If the medical board employees determine that the applicant does not clearly meet all applicable requirements, the application must be returned to the advisory board.  A certificate or temporary permit issued under this section does not require formal advisory board approval.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.171, 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 604.151. Certificate Renewal

Sec. 604.151.  CERTIFICATE RENEWAL.  (a)  A certificate to practice respiratory care must be renewed biennially.
(b)  The advisory board by rule may adopt a system under which certificates expire on various dates during the year.  For the year in which the certificate expiration date is changed, the advisory board shall prorate certificate fees on a monthly basis so that each certificate holder pays only that portion of the certificate fee that is allocable to the number of months during which the certificate is valid.  On renewal of the certificate on the new expiration date, the total certificate renewal fee is payable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.341(a), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 167 (H.B. 102), Sec. 1, eff. May 27, 2005.
Acts 2005, 79th Leg., Ch. 167 (H.B. 102), Sec. 2, eff. May 27, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.199, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.172, 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 604.152. Notice of Certificate Renewal

Sec. 604.152.  NOTICE OF CERTIFICATE RENEWAL.  (a)  Not later than the 30th day before the expiration date of a person's certificate, the advisory board shall mail a renewal notice to the person at the person's last known address.
(b)  To renew a certificate, the certificate holder must:
(1)  complete the renewal notice and return the notice with the renewal fee to the advisory board on or before the expiration date; and
(2)  meet any other requirement established by advisory board rule.
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. 2.173, 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 604.1521. Procedure for Renewal

Sec. 604.1521.  PROCEDURE FOR RENEWAL.  (a)  A person whose certificate has been expired for 90 days or less may renew the certificate by paying to the advisory board a renewal fee that is equal to 1-1/2 times the normally required renewal fee.
(b)  A person whose certificate has been expired for more than 90 days but less than one year may renew the certificate by paying to the advisory board a renewal fee that is equal to two times the normally required renewal fee.
(c)  A person whose certificate has been expired for one year or more may not renew the certificate.  The person may obtain a new certificate by complying with the requirements and procedures, including the examination requirements, for obtaining an original 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. 2.174, eff. September 1, 2015.