Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.17 - Grounds for Denial of Certification and for Disciplinary Action

Current through Reg. 49, No. 28; July 12, 2024
The advisory board may refuse to issue a certificate to any
				  person and may, following notice of hearing and a hearing as provided for in
				  the APA, take disciplinary action against any respiratory care practitioner
				  who:
(1) fraudulently or deceptively
				obtains or attempts to obtain a certificate;
(2) fraudulently or deceptively uses a
				certificate;
(3) violates the Act,
				or any rules relating to the practice of a respiratory care practitioner;
(4) is convicted of a crime, or
				has received deferred adjudication or pre-trial diversion for a crime, in
				accordance with Chapter 53 of the Texas Occupations Code;
(5) habitually uses drugs or intoxicating
				liqueurs to the extent that, in the opinion of the advisory board, the person
				cannot safely perform as a respiratory care practitioner;
(6) has been adjudicated as mentally
				incompetent or has a mental or physical condition that renders the person
				unable to safely perform as a respiratory care practitioner;
(7) has committed an act of moral turpitude.
				An act involving moral turpitude shall be defined as an act involving baseness,
				vileness, or depravity in the private and social duties one owes to others or
				to society in general, or an act committed with knowing disregard for justice,
				honesty, principles, or good morals;
(8) represents that the person is a
				physician;
(9) has acted in an
				unprofessional or dishonorable manner which is likely to deceive, defraud, or
				injure any member of the public;
(10) has failed to practice as a respiratory
				care practitioner in an acceptable manner consistent with public health and
				welfare;
(11) has committed any
				act that is in violation of the laws of the State of Texas if the act is
				connected with practice as a respiratory care practitioner; a complaint,
				indictment, or conviction of a law violation is not necessary for the
				enforcement of this provision; proof of the commission of the act while in
				practice as a respiratory care practitioner or under the guise of practice as a
				respiratory care practitioner is sufficient for action by the advisory board
				under this section;
(12) has had
				the person's certificate or other authorization to practice as a respiratory
				care practitioner suspended, revoked, or restricted or who has had other
				disciplinary action taken by another state regarding practice as a respiratory
				care practitioner or had disciplinary action taken by the uniformed services of
				the United States. A certified copy of the record of the state or uniformed
				services of the United States taking the action is conclusive evidence of such
				action;
(13) administers a drug or
				treatment that is nontherapeutic in nature or nontherapeutic in the manner the
				drug or treatment is administered;
(14) unlawfully advertises in a false,
				misleading, or deceptive manner. Advertisements shall be defined as false,
				misleading, or deceptive consistent with §
									101.201
				of the Texas Occupations Code;
(15) alters, with fraudulent intent, any
				respiratory care practitioner certificate, permit, or diploma;
(16) uses any respiratory care practitioner
				license, certificate, temporary permit, or diploma that has been fraudulently
				purchased, issued, or counterfeited or that has been materially altered;
(17) aids or abets, directly or
				indirectly, the practice as a respiratory care practitioner by any person not
				duly certified to practice as a respiratory care practitioner by the advisory
				board;
(18) is removed or
				suspended or has disciplinary action taken by his peers in any professional
				association or society, whether the association or society is local, regional,
				state, or national in scope, or is being disciplined by a licensed hospital or
				medical staff of a hospital, including removal, suspension, or other
				disciplinary action, if that action, in the opinion of the advisory board, was
				based on unprofessional conduct or professional incompetence that was likely to
				harm the public. This action does not constitute state action on the part of
				the association, society, or hospital medical staff;
(19) has repeated or recurring meritorious
				health care liability claims that in the opinion of the advisory board evidence
				professional incompetence likely to harm the public;
(20) fails to comply with a board subpoena or
				request for information or action; or
(21) through his practice as a respiratory
				care practitioner sexually abuses or exploits another person.