Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.6 - Biennial Renewal of Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Respiratory care practitioners issued a certificate under the Act shall
				register biennially and pay a fee. A respiratory care practitioner may, on
				notification from the advisory board, renew an unexpired certificate by
				submitting the required form and documents (including fingerprints if required
				as required by §604.1523 of the Act) and by paying the required renewal
				fee, as set forth in §
									175.2
				of this title (relating to Registration and Renewal Fees), to the advisory
				board on or before the expiration date of the certificate. The renewal fee
				shall be prorated in accordance with §604.151 of the Act. The fee shall
				accompany the required form which legibly sets forth the certificate holder's
				name, mailing address, business address, and other necessary information
				prescribed by the advisory board.
(b) As a prerequisite to renewal, a
				respiratory care practitioner shall attest to completion of continuing
				education during the renewal period as required by §
									186.10
				of this chapter (relating to Continuing Education Requirements).
(c) Falsification of an affidavit or
				submission of false information to obtain renewal of a certificate shall
				subject a respiratory care practitioner to denial of the renewal and/or to
				discipline pursuant to the Act, §§604.201-.203.
(d) If the renewal fee and completed
				application form are not received on or before the expiration date of the
				certificate, the fees set forth in §
									175.3 of
				this title (relating to Penalties) shall apply.
(e) The advisory board shall not waive fees
				or penalties.
(f) The advisory
				board shall stagger biennial renewal of respiratory care practitioners
				proportionally on a periodic basis.
(g) Practicing as a respiratory care
				practitioner as defined in the Act without a biennially renewed certificate as
				provided for in the advisory board rules has the same force and effect as and
				is subject to all penalties of practicing as a respiratory care practitioner
				without a certificate.
(h)
				Respiratory care practitioners shall inform the advisory board of address
				changes on the form prescribed by the advisory board within 30 days of the
				effective date of the address change.
(i) The board shall provide written notice to
				each practitioner at the practitioner's address of record at least 30 days
				prior to the expiration date of the certificate.
(j) Expired Biennial Certificates.
(1) If a respiratory care practitioner's
				certificate has been expired for less than one year, the respiratory care
				practitioner may obtain a new certificate by submitting to the advisory board a
				completed application, the renewal fee, as defined in §
										175.2
				of this title, and the penalty fee, as defined in §
										175.3 of
				this title (relating to Penalties).
(2) If a respiratory care practitioner's
				certificate has been expired for one year or longer, the respiratory care
				practitioner's certificate is automatically canceled, unless an investigation
				is pending, and the respiratory care practitioner 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.
(3) 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.
				Practicing as a respiratory care practitioner after a respiratory care
				practitioner's certificate has expired under subsection (a) of this section
				without obtaining a renewal has the same effect as, and is subject to all
				penalties of, practicing as a respiratory care practitioner without a
				certificate. The advisory board interprets §604.201 of
				the Act to provide the exclusive sanction that may be imposed by the advisory
				board for practicing respiratory care after the expiration of the certificate
				or temporary permit.