reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.31 - Prescriptive Authority Agreements: Minimum Requirements

Current through Reg. 49, No. 28; July 12, 2024
Prescriptive authority agreements must, at a minimum:
(1) be in writing and signed and dated by the
				parties to the agreement;
(2) state
				the name, address, and all professional license numbers of the parties to the
				agreement;
(3) state the nature of
				the practice, practice locations, or practice settings;
(4) identify the types or categories of drugs
				or devices that may be prescribed or the types or categories of drugs or
				devices that may not be prescribed;
(5) provide a general plan for addressing
				consultation and referral;
(6)
				provide a plan for addressing patient emergencies;
(7) state the general process for
				communication and the sharing of information between the physician and
				physician assistant to whom the physician has delegated prescriptive authority
				related to the care and treatment of patients;
(8) if alternate physician supervision is to
				be utilized, designate one or more alternate physicians who may:
(A) provide appropriate supervision on a
				temporary basis in accordance with the requirements established by the
				prescriptive authority agreement and the requirements of Chapter 157 of the
				Medical Practice Act and Chapter 193 of this title (relating to Standing
				Delegation Orders); and
(B)
				participate in the prescriptive authority quality assurance and improvement
				plan meetings required under this section; and
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.32 - Training and Registration Requirements for Physician Assistants Performing Radiologic Procedures

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Texas Occupations Code §
									601.254,
				  prior to delegating to a physician assistant the performance of a radiologic
				  procedure, including a dangerous or hazardous procedure (as defined under
				  §
									194.17
				  of this title), the delegating physician must comply with requirements of Texas
				  Occupations Code §
									157.001.
				  The delegating physician remains responsible for the physician assistant's
				  performance of the radiologic procedure as set out in Texas Occupations Code
				  §
									157.001.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.33 - Exemption from Licensure for Certain Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director of the Texas
				Medical Board must authorize a qualified military spouse to practice as a
				Physician Assistant in Texas without obtaining a license in accordance with
				§
									55.0041(a),
				Texas Occupations Code. This authorization to practice is valid during the time
				the military service member to whom the military spouse is married is stationed
				at a military installation in Texas, but not to exceed three years.
(b) In order to receive authorization to
				practice the military spouse must:
(1) hold
				an active physician assistant license in another state, territory, Canadian
				province, or country that:
(A) has licensing
				requirements that are determined by the board to be substantially equivalent to
				the requirements for licensure in Texas; and
(B) is not subject to any restriction,
				disciplinary order, probation, or investigation; and
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) These rules are
				promulgated under the authority of the Medical Practice Act, Title 3, Subtitle
				B, Texas Occupations Code and the Respiratory Care Practitioners Act, Title 3,
				Subtitle K, Chapter 604, Texas Occupations Code, to establish procedures and
				standards for the training, education, certifying, and discipline of persons
				performing as a respiratory care practitioner in this state so as to establish
				an orderly system of regulating the practice of a respiratory care practitioner
				in a manner that protects the health, safety, and welfare of the public.
(b) The functions of the Texas
				Board of Respiratory Care include but are not limited to the following:
(1) Establish standards for the practice of a
				respiratory care practitioner.
(2)
				Regulate the practice of a respiratory care practitioner through the
				certification and discipline of respiratory care practitioners.
(3) Interpret the Respiratory Care
				Practitioners Act and the Texas Board of Respiratory Care rules to ensure that
				respiratory care practitioners, other allied health professionals, and
				consumers are properly informed.
(4) Receive complaints and investigate
				possible violations of the Respiratory Care Practitioners Act and the Texas
				Board of Respiratory Care rules.
(5) Discipline violators through appropriate
				legal action to enforce the Respiratory Care Practitioners Act and the Texas
				Board of Respiratory Care rules.
(6) Provide a mechanism for public comment
				with regard to the Respiratory Care Practitioners Act and the Texas Board of
				Respiratory Care rules.
(7) Review
				and modify the Texas Board of Respiratory Care rules when necessary and
				appropriate. All rules approved by the advisory board are to be submitted to
				the Medical Board for consideration in accordance with Texas Occupations Code
				§
										604.0522(b).
(8) Examine and certify, in
				conjunction with the Texas Medical Board, procedures for issuing certificates,
				as implemented by its licensure division, to qualified applicants to practice
				as a respiratory care practitioner in Texas in a manner that ensures that
				applicable standards are maintained.
(9) Provide recommendations to the Texas
				Medical Board for consideration by the legislature concerning appropriate
				changes to the Respiratory Care Practitioners Act to ensure that the acts are
				current and applicable to changing needs and practices.
(10) Provide public information on
				certificate holders.
(11) Maintain
				data concerning the practice of a respiratory care practitioner.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) AARC--The American
				Association for Respiratory Care.
(2) Act--The Respiratory Care Practitioners
				Act, Texas Occupations Code Annotated, Title 3, Subtitle K, Chapter 604 as
				amended.
(3) Active duty--A person
				who is currently serving as full-time military service member in the armed
				forces of the United States or active duty military service as a member of the
				Texas military forces, as defined by §
									437.001, Government
				Code, or similar military service of another state.
(4) Address of record--The mailing address of
				each certificate holder or applicant as provided to the agency pursuant to the
				Act.
(5) Advisory Board or
				Board--The Texas Board of Respiratory Care, an advisory board to the Texas
				Medical Board.
(6) APA--The
				Administrative Procedure Act, Texas Government Code, Chapter 2001 as amended.
(7) Applicant--A party seeking a
				certificate or temporary permit from the Texas Board of Respiratory Care.
(8) Certificate--A respiratory
				care practitioner certificate issued by the Texas Board of Respiratory Care.
(9) Delegated Authority--As
				defined in the Texas Medical Practice Act, Texas Occupations Code, Chapter 157
				and the rules pertaining thereto adopted by the Texas Medical Board.
(10) Directing physician--A physician
				licensed by the Medical Board who has an active and unrestricted license in
				good standing with the Texas Medical Board that directs a Texas state-certified
				respiratory care practitioner in the practice of respiratory care.
(11) Diagnostic--Of or relating to or used in
				the art or act of identifying a disease or disorder.
(12) Educational accrediting body--Commission
				on Accreditation for Respiratory Care (CoARC), or other such organization
				approved by the advisory board in accordance with §
									604.054
				of the Occupations Code.
(13)
				Executive Director--The Executive Director of the Texas Medical Board or the
				authorized designee of the Executive Director.
(14) Formally trained--Completion of an
				organized educational activity which:
(A)
				includes supervised and directed instruction specific to the respiratory care
				procedures to be performed by the individual;
(B) includes specific objectives, activities,
				and an evaluation of competency; and
(C) is supervised and directed by another
				individual qualified to provide the training and supervision.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.5 - Recertification

Current through Reg. 49, No. 28; July 12, 2024
If a respiratory care practitioner's certificate has been
				  expired for one year, it is considered to have been canceled, unless an
				  investigation is pending. The respiratory care practitioner may obtain a new
				  certificate by complying with the requirements and procedures for obtaining an
				  original certificate.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.7 - Temporary Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) The advisory
				board, or its designee, shall issue a temporary permit to an applicant who:
(1) meets all the qualifications for a
				respiratory care practitioner certificate under the Act and has signed an
				Agreed Order or Remedial Plan but is waiting for the next scheduled meeting of
				the advisory board for the Agreed Order or Remedial Plan to be approved by the
				advisory board and the certificate to be issued;
(2) seeks to temporarily substitute for a
				certified respiratory care practitioner during the practitioner's absence, if
				the applicant:
(A) is certified by the NBRC
				or is licensed or registered in good standing in another state, territory, or
				the District of Columbia;
(B)
				submits an application on a form prescribed by the advisory board; and
(C) pays the appropriate fee
				prescribed by the advisory board as set forth in §
											175.1
				of this title (relating to Application and Administrative Fees);
(3) has graduated from an
				accredited respiratory care program; or
(4) has not, on a full-time basis, actively
				practiced as a respiratory care practitioner, as defined under §186.4(d)
				of this chapter (relating to Procedural Rules and Qualifications for
				Certification Applicants), but meets guidelines set by the advisory board
				including, but not limited to, length of time out of active practice as a
				respiratory care practitioner and duration of temporary permits.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.8 - Inactive Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				respiratory care practitioner may have a certificate placed on inactive status
				by applying to the advisory board. A respiratory care practitioner with an
				inactive certificate must renew the inactive certificate each year, but is
				excused from paying renewal fees on the certificate. During the time the
				certificate is inactive, the certificate holder may not practice as a
				respiratory care practitioner in Texas.
(b) In order for a respiratory care
				practitioner certificate holder to be placed on inactive status, the
				certificate must be in good standing.
(c) A certificate holder who practices as a
				respiratory care practitioner in Texas while on inactive status is considered
				to be practicing without a certificate.
(d) A respiratory care practitioner may
				return to active status by applying to the advisory board, paying an
				application fee equal to an application fee for a respiratory care practitioner
				certificate, complying with the requirements for certificate renewal under the
				Act, providing current verifications from each state in which the respiratory
				care practitioner holds a certificate or license, demonstrating current
				certification by NBRC, submitting professional evaluations from each employment
				held after the certificate was placed on inactive status, and complying with
				subsection (e) of this section.
(e)
				A respiratory care practitioner applicant applying to return to active status
				shall provide sufficient documentation to the advisory board that the applicant
				has, on a full-time basis as defined in §186.4(e) of this chapter
				(relating to Procedural Rules and Qualifications for Certificate Applicants),
				actively practiced as a respiratory care practitioner or has been on the active
				teaching faculty of an acceptable approved respiratory care practitioner
				program, within either of the two years preceding receipt of an application for
				reactivation. Applicants who do not meet this requirement may, in the
				discretion of the advisory board, be eligible for the reactivation of a
				certificate subject to one or more of the following conditions or restrictions
				as set forth in paragraphs (1) - (5) of this subsection:
(1) current certification by the NBRC or such
				other certifying body acceptable to the board;
(2) completion of approved continuing
				education in topics specified by the advisory board;
(3) limitation and/or exclusion of the
				practice of the applicant to specified activities of the practice as a
				respiratory care practitioner;
(4)
				remedial education; and/or
(5) such
				other remedial or restrictive conditions or requirements which, in the
				discretion of the advisory board, are necessary to ensure protection of the
				public and minimal competency of the applicant to safely practice as a
				respiratory care practitioner.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.9 - Reissuance of Certificate Following Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) The applicant must complete in every
				detail the application for reissuance of a certificate following revocation
				including payment of the required application fee.
(b) The applicant must appear before the
				advisory board to state the reasons for the request for reissuance of
				certificate.
(c) Application for
				reissuance of a certificate following revocation cannot be considered more
				often than annually.
(d)
				Reissuance of a certificate following revocation shall be at the discretion of
				the advisory board upon a showing by the applicant that reissuance is in the
				best interest of the public.
(e) A
				person may not apply for reissuance of a certificate that was revoked before
				the first anniversary date on which the revocation became effective.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.10 - Continuing Education Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				General. Each respiratory care practitioner is required to complete 24 contact
				hours of approved continuing education (CE) every two (2) years as a condition
				of renewal of a certificate. At least 12 contact hours must be in traditional
				courses. Of the required contact hours, a course in human trafficking
				prevention approved by the executive commissioner of the Texas Health and Human
				Services Commission must be completed. The remainder of contact hours may be in
				non-traditional courses or from passage of examinations detailed in subsection
				(b)(3) of this section. At least 2 contact hours must be in ethics. These
				ethics hours may be completed via traditional courses or non-traditional
				courses. The board shall credit completion of the human trafficking prevention
				course toward required ethics hours.
(1) A
				contact hour shall be 60 minutes of attendance and participation in an
				acceptable continuing education experience.
(2) A retired respiratory care practitioner
				providing only voluntary charity care who is approved by the advisory board for
				renewal may complete reduced CE requirements equal to half of the number of CE
				hours required for renewal for a certified respiratory care
				practitioner.
(3) Notwithstanding
				paragraph (1) of this subsection, completion of one academic semester unit or
				hour that is a part of the curriculum of a respiratory care education program
				or a similar education program in another health-care related field offered by
				an accredited institution shall be credited 15 contact hours of non-traditional
				CE.
(4) No CE hours may be carried
				over from one renewal period to another renewal period.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.11 - Respiratory Care Practitioner Scope of Practice

Current through Reg. 49, No. 28; July 12, 2024
The respiratory care practitioner shall provide, within the
				  education, training, and experience of the respiratory care practitioner,
				  respiratory care services and procedures consistent with the practice of
				  respiratory care, as defined in §
									186.2 of
				  this chapter (relating to Definitions) and §604.003(3) and
				  §604.001(5) of the
				  Act, and in accordance with §604.003 of the
				  Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.12 - Tasks Not Permitted to be Delegated to a Respiratory Care Practitioner

Current through Reg. 49, No. 28; July 12, 2024
Except as permitted by the Medical Practice Act, Chapter
				  157, the directing or ordering physician shall not allow a respiratory care
				  practitioner to prescribe or supply medication.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.13 - Identification Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				respiratory care practitioner certified by the advisory board shall keep the
				respiratory care practitioner's Texas certificate available for inspection at
				the respiratory care practitioner's primary place of business and shall, when
				engaged in professional activities, wear a name tag identifying the respiratory
				care practitioner as a respiratory care practitioner.
(b) A respiratory care practitioner holding a
				temporary permit issued under §
									186.7
				of this chapter (relating to Temporary Permits) shall hold themselves out as a
				temporary respiratory care practitioner or TRCP.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.14 - Physician Direction

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to §604.101
				  of the Act, 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. For the purpose of this chapter, "under the direction" shall
				  have the meaning assigned in §186.2(40) of this chapter (relating to
				  Definitions).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.16 - Employment Guidelines

Current through Reg. 49, No. 28; July 12, 2024
Billing. A respiratory care practitioner may not
				  independently bill patients for the services provided by the respiratory care
				  practitioner except where provided by law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.18 - Discipline of Respiratory Care Practitioners

Current through Reg. 49, No. 28; July 12, 2024
(a) The advisory board, upon finding a
				respiratory care practitioner has committed any of the acts set forth in §
									186.17
				of this title (relating to Grounds for Denial of Certification and for
				Disciplinary Action), may enter an order or, where appropriate, remedial plan,
				imposing one or more of the allowable actions set forth under §604.201-202
				and §604.301 of
				the Act.
(b) Disciplinary
				Guidelines.
(1) Chapter 190 of this title
				((relating to Disciplinary Guidelines), and including remedial plans as
				described in Chapter 187 of this title (relating to Procedural Rules), in
				certain circumstances) shall apply to respiratory care practitioners regulated
				under this chapter to be used as guidelines for the following areas as they
				relate to the denial of issuance of a certificate or disciplinary action of a
				certificate or temporary permit holder:
(A)
				practice inconsistent with public health and welfare;
(B) unprofessional and dishonorable conduct;
(C) disciplinary actions by state
				boards and peer groups;
(D)
				repeated and recurring meritorious health care liability claims;
(E) aggravating and mitigating factors; and
(F) criminal convictions.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.19 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				§604.301 of
				the Act, the advisory board by order may impose an administrative penalty, in
				accordance with §§
									187.75-
				187.82
				of this title (relating to the Imposition of Administrative Penalty), against a
				person certified or regulated under the Act who violates the Act or a rule or
				order adopted under the Act. The imposition of such a penalty shall be
				consistent with the requirements of the Act.
(b) The penalty for a violation may be in an
				amount not to exceed $1,000. Each day a violation continues or occurs is a
				separate violation for purposes of imposing a penalty.
(c) The amount of the penalty shall be based
				on factors set forth under §604.302(b) of the
				Act, and Chapter 190 of this title (relating to Disciplinary
				Guidelines).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.20 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
Chapter 178 of this title (relating to Complaints) shall
				  govern respiratory care practitioners with regard to procedures for the
				  initiation, filing and appeals of complaints and methods of notification for
				  filing complaints with the agency. If the provisions of Chapter 178 conflict
				  with the Act or rules under this chapter, the Act and provisions of this
				  chapter shall control.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.23 - Third Party Reports to the Advisory Board

Current through Reg. 49, No. 28; July 12, 2024
(a) Any medical peer review committee in this
				state, any respiratory care practitioner holding a certificate in this state,
				any respiratory care practitioner student, or any physician licensed to
				practice medicine or otherwise lawfully practicing medicine in this state shall
				report relevant information to the advisory board related to the acts of any
				respiratory care practitioner in this state if, in the opinion of the medical
				peer review committee, respiratory care practitioner, respiratory care
				practitioner student, or a physician, a respiratory care practitioner poses a
				continuing threat to the public welfare through his practice as a respiratory
				care practitioner. The duty to report under this section shall not be nullified
				through contract.
(b) Professional
				Review Actions. A written report of a professional review action taken by a
				peer review committee or a health-care entity provided to the advisory board
				must contain the results and circumstances of the professional review action.
				Such results and circumstances shall include:
(1) the specific basis for the professional
				review action, whether or not such action was directly related to the care of
				individual patients; and
(2) the
				specific limitations imposed upon the respiratory care practitioner's clinical
				privileges, upon membership in the professional society or association, and the
				duration of such limitations.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.24 - Procedure

Current through Reg. 49, No. 28; July 12, 2024
Chapter 187 of this title (relating to Procedural Rules)
				  shall govern procedures relating to respiratory care practitioners where
				  applicable. If the provisions of Chapter 187 of this title conflict with the
				  Act or rules under this chapter, the Act and provisions of this chapter shall
				  control.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.25 - Compliance

Current through Reg. 49, No. 28; July 12, 2024
Chapter 189 of this title (relating to Compliance) shall be
				  applied to respiratory care practitioners who are under advisory board orders.
				  If the provisions of Chapter 189 of this title conflict with the Act or rules
				  under this chapter, the Act and provisions of this chapter shall
				  control.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.26 - Voluntary Relinquishment or Surrender of Respiratory Care Practitioner Certificate

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to §604.2011
				  of the Act, the advisory board may accept the voluntary relinquishment or
				  surrender of a respiratory care practitioner certificate. Chapter 196 of this
				  title (relating to Voluntary Relinquishment or Surrender of a Medical License)
				  shall govern the voluntary relinquishment or surrender of a respiratory care
				  practitioner certificate in a similar manner as that chapter applies to a
				  medical license. Section
				  186.4
				  of this chapter (relating to Procedural Rules and Qualifications for
				  Certificate Applicants) shall govern reapplication after a voluntary
				  relinquishment or surrender.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.27 - Duty to Report Certain Conduct to the Advisory Board

Current through Reg. 49, No. 28; July 12, 2024
A respiratory care practitioner shall report the following
				  to the advisory board within 30 days after the event:
(1) Any change of home or business address;
(2) Incarceration in a state or
				federal penitentiary;
(3) An
				initial conviction, final conviction, or placement on deferred adjudication,
				community supervision, or deferred disposition for:
(A) a felony;
(B) a misdemeanor that directly relates to
				the duties and responsibilities of a respiratory care practitioner certified by
				the advisory board;
(C) a
				misdemeanor involving moral turpitude;
(D) a misdemeanor under Chapter 22, Penal
				Code (relating to assaultive offenses), other than a misdemeanor punishable by
				fine only;
(E) a misdemeanor on
				conviction of which a defendant is required to register as a sex offender under
				Chapter 62, Code of Criminal Procedure;
(F) a misdemeanor under §
										25.07,
				Penal Code (relating to the violation of a protective order or a magistrate's
				order); or
(G) a misdemeanor under
				§
										25.071,
				Penal Code (relating to the violation of a protective order preventing offenses
				caused by bias or prejudice); or
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.28 - Retired Certificate

Current through Reg. 49, No. 28; July 12, 2024
The registration fee shall not apply to retired respiratory
				  care practitioners.
(1) To become
				exempt from the registration fee due to retirement:
(A) the respiratory care practitioner's
				current certificate must not be under an investigation or order with the
				advisory board or otherwise be restricted; and
(B) the respiratory care practitioner must
				request in writing on a form prescribed by the advisory board for his or her
				certificate to be placed on official retired status.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.29 - Report of Impairment on Registration Form

Current through Reg. 49, No. 28; July 12, 2024
(a) A respiratory care practitioner who
				reports an impairment that affects his or her ability to actively practice as a
				respiratory care practitioner as defined by §186.4(d)of this chapter
				(relating to Procedural Rules and Qualifications for Certificate Applicants)
				shall be given written notice of the following:
(1) based on the respiratory care
				practitioner's impairment, he or she may request:
(A) to be placed on retired status pursuant
				to §
											186.28 of
				this chapter (relating to Retired Certificate);
(B) to have the respiratory care
				practitioner's certificate converted to inactive status as defined under §
											186.8 of
				this chapter (relating to Inactive Certificate) if the respiratory care
				practitioner's impairment is solely physical;
(C) to voluntarily surrender the respiratory
				care practitioner's certificate pursuant to §
											186.26
				of this chapter (relating to Voluntary Relinquishment or Surrender of
				Respiratory Care Practitioner Certificate); or
(D) to be referred to the Texas Physician
				Health Program pursuant to Chapter 180 of this title (relating to Texas
				Physician Health Program and Rehabilitation Orders); and
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.30 - Exemption from Licensure for Certain Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director of the Texas
				Medical Board must authorize a qualified military spouse to practice as a
				respiratory care practitioner in Texas without obtaining a certificate in
				accordance with §
									55.0041(a),
				Texas Occupations Code. This authorization to practice is valid during the time
				the military service member to whom the military spouse is married is stationed
				at a military installation in Texas, but is not to exceed three
				years.
(b) In order to receive
				authorization to practice the military spouse must:
(1) hold an active respiratory care
				practitioner certificate or permit in another state, territory, Canadian
				province, or country that:
(A) has licensing
				or certification requirements that are determined by the advisory board to be
				substantially equivalent to the requirements for certification in Texas;
				and
(B) is not subject to any
				restriction, disciplinary order, probation, or
				investigation;
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 187.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this chapter is to provide a system of procedures for practice
				  before the Texas Medical Board, the Texas Physician Assistant Board, and the
				  Texas State Board of Acupuncture Examiners, and to govern the formal
				  disposition of contested cases at SOAH, as required by Section 164.007(a) of
				  the Act, that will promote just and efficient disposition of proceedings and
				  public participation in the decision-making process. The provisions of this
				  chapter shall be given a fair and impartial construction to obtain these
				  objectives.
(b) Scope.
(1) This chapter shall govern the initiation,
				  conduct, and determination of proceedings required or permitted by law,
				  including proceedings referred to SOAH.
(2) This chapter shall not be construed so as
				  to enlarge, diminish, modify, or otherwise alter the jurisdiction, powers or
				  authority of the board, board staff, or the substantive rights of any
				  person.
(3) This chapter shall
				  control the practice and procedure of all board proceedings to include SOAH
				  proceedings.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 187.3 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) Counting days.
				  Unless otherwise required by statute, in computing time periods prescribed by
				  this chapter or by a State Office of Administrative Hearings (SOAH) order, the
				  period shall begin to run on the day after the act, event or default in
				  question. The day of the act, event or default on which the designated period
				  time begins to run is not included. The period shall conclude on the last day
				  of the designated period, unless that day is a day the agency is not open for
				  business, in which case the designated period runs until the end of the next
				  day on which the agency is open for business. When these rules specify a
				  deadline or a set number of days for filing documents or taking other actions,
				  the computation of time shall be calendar days rather than business days,
				  unless otherwise provided in this chapter or pursuant to a SOAH or board order.
				  However, if the period to act is five days or less, the intervening Saturdays,
				  Sundays and legal holidays are not counted.
(b) Dispute. Disputes regarding computation
				  of time for periods not specified by this chapter or by a board or SOAH order
				  will be resolved by reference to applicable law and upon consideration of
				  agency policy documented in accordance with the Act and board rules.
(c) Extensions. Unless otherwise provided by
				  statute or rule, the time for filing any document may be extended by agreement
				  of the parties, order of the executive director or the Administrative Law Judge
				  (ALJ) if SOAH has acquired jurisdiction, upon written request filed prior to
				  the expiration of the applicable time period. This written request must show
				  good cause for an extension of time and state that the need is not caused by
				  the neglect, indifference or lack of diligence of the movant.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 187.4 - Agreement to be in Writing

Current through Reg. 49, No. 28; July 12, 2024
No stipulation or agreement between the parties, with
					 regard to any matter involved in any board proceeding shall be enforced unless
					 it has been reduced to writing and agreed to by the parties or their authorized
					 representatives, or unless it has been dictated into the record by them during
					 the course of a State Office of Administrative Hearings (SOAH) hearing,
					 deposition, or other proceeding of record, or incorporated in a motion bearing
					 their written approval. This section does not limit a party's ability to waive,
					 modify or stipulate any right or privilege.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 187.5 - National Practitioner Data Bank (NPDB)

Current through Reg. 49, No. 28; July 12, 2024
The board will report a public disciplinary board action to
					 the NPDB according to applicable federal rules and statutes. All disciplinary
					 actions are public as set out in the Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 187.7 - Conduct and Decorum

Current through Reg. 49, No. 28; July 12, 2024
Each person, witness, or other representative shall behave
					 in a dignified, courteous, and respectful manner with the board, the executive
					 director, board staff, and all other parties at board proceedings. Disorderly
					 or disruptive conduct will not be tolerated. Attorneys and other authorized
					 representatives shall observe and practice the standards of ethical behavior
					 prescribed for attorneys by the State Bar of Texas.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 187.8 - Subpoenas

Current through Reg. 49, No. 28; July 12, 2024
(a) Investigative
				  Subpoenas. Pursuant to the Act, §
										153.007,
				  the board has the authority to issue subpoenas to compel the attendance of
				  witnesses and to issue subpoenas duces tecum to compel the production of books,
				  records, or documents on the board's own motion. The pendency of a SOAH
				  proceeding does not preclude the board from issuing an investigative subpoena
				  at any time.
(b) SOAH Subpoenas.
				  Subsequent to the filing of a formal Complaint, any party may request in
				  writing that the executive director issue a subpoena or subpoena duces tecum in
				  accordance with § 2001.089 of the APA upon a showing of good cause.
(1) The party requesting the subpoena shall
				  be responsible for the payment of any expense incurred by the witness who
				  appears in response to the subpoena.
(2) If the subpoena is for the attendance of
				  a witness, the written request shall contain the name, address, and title, if
				  any, of the witness and the date and location at which the attendance of the
				  witness is sought.
(3) If the
				  subpoena is for the production of books, records, writings, or other tangible
				  items, the written request shall contain a description of the item sought; the
				  name, address, and title, if any, of the person or entity who has custody or
				  control over the items and the date; and the location at which the items are
				  sought to be produced.
(4) The
				  party requesting a subpoena duces tecum shall describe and recite with clarity,
				  specificity, and particularity the books, records, documents to be
				  produced.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 187.9 - Board Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to the
				  Act, §164.001, and in accordance with Chapter 190 of this title (relating
				  to Disciplinary Guidelines), the board, upon finding that an applicant or
				  licensee has committed a prohibited act under the Act or board rules, or has
				  violated an order of the board, shall enter an order imposing any action
				  authorized by law.
(b) The board
				  may stay enforcement of any order and place the person on probation. The board
				  shall retain the right to vacate the probationary stay and enforce the original
				  order for noncompliance with the terms of the probation or to impose any other
				  disciplinary action authorized by law in addition to or instead of enforcing
				  the original order.
(c) An agreed
				  order may impose actions as agreed to by the board and person subject to the
				  order.
(d) An agreed order may
				  include a refund, as provided by §
										164.206, Texas
				  Occupations Code. A refund may only be ordered to be paid to a patient of the
				  licensee who is the subject of disciplinary action and shall not exceed the
				  amounts that the patient paid directly to the licensee related to medical
				  services provided by the licensee that are the subject of the complaint
				  involved. Refunds may be ordered to be paid by the licensee directly to a
				  patient, with proof of payment provided to the board to show compliance with
				  the board order. As used in this subsection, "patient" includes the legal
				  guardian of a patient, but does not include any third-party payer.
(e) The time period of an order shall be
				  extended for any period of time in which a person subject to an order
				  subsequently resides or practices outside the State of Texas, for any period
				  during which the person's license is subsequently cancelled for nonpayment of
				  licensure fees, or as provided in a board order. This subsection does not apply
				  to
locum tenens
practice if the licensee maintains a residence
				  in this state and fully cooperates with his compliance officer.
(f) Notwithstanding subsections (a) - (d) of
				  this section, the board may issue and establish the terms of a nondisciplinary
				  remedial plan to resolve an investigation of a complaint.
(1) A remedial plan may not contain a
				  provision that:
(A) revokes, suspends, limits,
				  or restricts a person's license or other authorization to practice medicine;
				  or
(B) assesses an administrative
				  penalty against a person.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter B - INFORMAL BOARD PROCEEDINGS › Section 187.10 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of informal board proceedings is to provide an
					 applicant or licensee who is the subject of alleged violations of board rules
					 or the Act, or who has been denied or found ineligible for licensure, an
					 opportunity to show compliance and for informal disposition of the
					 matter.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter B - INFORMAL BOARD PROCEEDINGS › Section 187.11 - Transfer to Legal Division

Current through Reg. 49, No. 28; July 12, 2024
Upon determination by board staff that there is evidence
					 that a licensee has violated the Act, board rules, or order of the board, the
					 matter and the ongoing investigation shall be referred to the agency's legal
					 division for the scheduling of an ISC.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter B - INFORMAL BOARD PROCEEDINGS › Section 187.14 - Informal Resolution of Disciplinary Issues Against a Licensee

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to §§ 164.003 - 164.004 of the Act and
					 §§ 2001.054 - 2001.056 of the Administrative Procedure Act (APA), the
					 following rules shall apply to informal resolution:
(1) Any matter within the board's
				  jurisdiction may be resolved informally by agreed order, dismissal, remedial
				  plan or default.
(2) Prior to the
				  imposition of any disciplinary action or remedial plan against a licensee, the
				  licensee shall be given the opportunity to show compliance with all the
				  requirements of the law for the retention of an unrestricted license before one
				  or more board representatives.
(3)
				  If a determination is made by the board representatives that there has been no
				  violation, the board representatives may recommend that the complaint or
				  allegations be dismissed.
(4) If a
				  determination is made by the board representatives that a licensee has violated
				  the Act, board rules, remedial plan or board order, the board representatives
				  may make recommendations for resolution of the issues to be reduced to writing
				  and processed in accordance with §
										187.19
				  of this title (relating to Resolution by Agreed Order).
(5) An opportunity for the licensee to show
				  compliance shall not be required prior to a temporary suspension under §
				  164.059 of the Act, or in accordance with the terms of an agreement between the
				  board and a licensee.
(6) Any
				  modification made by the board to any proposed agreed order or remedial plan
				  before the initial effective date of the order must be approved by the
				  licensee.
(7) Informal Resolution
				  of Violations.
(A) The Quality Assurance
				  ("QA") Committee may recommend referral to an ISC, dismissal, or an agreed
				  settlement of any complaint.
(B)
				  The QA Committee shall include designated board members, district review
				  committee members, and board staff members.
(C) The QA Committee shall review all
				  complaints referred by the investigation division to determine whether the
				  complaint should be accepted for legal action.
(D) If the QA Committee determines that an
				  offer of settlement should be made regarding a complaint the offer of
				  settlement shall be presented to the licensee.
(i) If the licensee accepts the offer of
				  settlement, the signed proposed order or remedial plan shall be presented to
				  the board at a public meeting for approval.
(ii) If the licensee fails to timely accept
				  the offer of settlement, or if the licensee requests that an Informal
				  Settlement Conference (ISC) be held, the offer shall be deemed to be rejected
				  and an ISC shall be held.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter B - INFORMAL BOARD PROCEEDINGS › Section 187.15 - Investigation and Collection of Information

Current through Reg. 49, No. 28; July 12, 2024
Failure of a licensee to comply with reasonable requests to
					 produce records, documents, or other information requested by board staff in
					 connection with an informal board proceeding shall constitute unprofessional
					 and dishonorable conduct.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter B - INFORMAL BOARD PROCEEDINGS › Section 187.18 - Informal Show Compliance Proceeding and Settlement Conference Based On Personal Appearance

Current through Reg. 49, No. 28; July 12, 2024
(a) After
				  referral of an investigation to the agency's legal division, the Hearings
				  Coordinator of the board shall schedule an ISC before an ISC Panel in
				  accordance with the requirements set forth in §164.003(b)(4) and
				  §164.0031 of the Act.
(b)
				  Requests to reschedule the ISC by a licensee must be in writing and shall be
				  referred to the Hearings Counsel for consideration. To avoid undue disruption
				  of the ISC schedule, the Hearings Counsel should grant a request applying the
				  following guidelines:
(1) A request by a
				  licensee to reschedule an ISC must be in writing and may be granted only if the
				  licensee provides satisfactory evidence of the following requirements:
(A) A request received by the agency within
				  five business days after the licensee received notice of the date of the ISC,
				  must provide details showing that:
(i) the
				  licensee has a conflicting event that had been scheduled prior to receipt of
				  notice of the ISC;
(ii) the
				  licensee has made reasonable efforts to reschedule such event but a conflict
				  cannot reasonably be avoided.