Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.4 - Procedural Rules and Qualifications for Certificate Applicants

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				otherwise provided in this section, an individual applying for a respiratory
				care practitioner certificate issued by the advisory board must:
(1) submit an application on forms approved
				by the advisory board;
(2) pay the
				appropriate application fee as prescribed by the advisory board and as set
				forth in §
										175.1
				of this title (relating to Application and Administrative Fees);
(3) successfully complete an approved
				four-year high school course of study or the equivalent as determined by the
				appropriate educational agency;
(4)
				successfully complete an educational program for respiratory care practitioners
				accredited by the Commission on Accreditation for Respiratory Care (CoARC) or
				other accrediting body approved by the advisory board, and hold a valid and
				current certification issued by the NBRC;
(5) certify that the applicant is mentally
				and physically able to function safely as a respiratory care
				practitioner;
(6) not have a
				license, certification, or registration as a respiratory care practitioner in
				this state or from any other licensing or certifying authority that is
				currently revoked or on suspension or the applicant is not subject to probation
				or other disciplinary action for cause;
(7) not have any proceeding that has been
				instituted against the applicant for the restriction, cancellation, suspension,
				or revocation of a certificate, permit, license, or other authority to practice
				respiratory care in any state, territory, Canadian province, country, or
				uniformed service of the United States in which it was issued;
(8) not have pending any prosecution against
				applicant in any state, federal, or international court for any offense that
				under the laws of this state is a felony, a misdemeanor that involves the
				practice of respiratory care, or a misdemeanor that involves a crime of moral
				turpitude;
(9) be of good
				professional character as defined under §
										186.2(15)
				of this chapter (relating to Definitions);
(10) submit a complete and legible set of
				fingerprints, on a form prescribed by the Medical Board, for the purpose of
				obtaining criminal history record information, as required by §604.1031 of
				the Act;
(11) submit to the board
				any other information the board considers necessary to evaluate the applicant's
				qualifications;
(12) meet any other
				requirement established by rules adopted by the advisory board;
(13) pass an independently evaluated
				respiratory care practitioner examination prepared by the NBRC; and
(14) pass the jurisprudence examination ("JP
				exam"), which shall be conducted on the certification requirements and other
				laws, rules, or regulations applicable to the respiratory care practitioner
				profession in this state. The jurisprudence examination shall be developed and
				administered as follows:
(A) the staff of the
				Medical Board shall prepare questions for the JP exam and provide a facility by
				which applicants can take the examination;
(B) applicants must pass the JP exam with a
				score of 75 or better;
(C) an
				examinee shall not be permitted to bring books, compends, notes, journals,
				calculators, "smart phones," cellular phones, or other devices or materials
				designed to assist examinee pass the exam into the examination room, nor be
				allowed to communicate by word or sign with another examinee while the
				examination is in progress without permission of the presiding examiner, nor be
				allowed to leave the examination room except when so permitted by the presiding
				examiner;
(D) irregularities during
				an examination such as giving or obtaining unauthorized information or aid as
				evidenced by observation or subsequent statistical analysis of answer sheets,
				shall be sufficient cause to terminate an applicant's participation in an
				examination, invalidate the applicant's examination results, or take other
				appropriate action; and
(E) a
				person who has passed the JP Exam shall not be required to retake the Exam for
				recertification, except as a specific requirement of the advisory board as part
				of an agreed order.