Texas Occupations Code Title 3, Chapter 604 - Respiratory Care Practitioners

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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...
• Texas Section 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,...

SUBCHAPTER A-1 TEXAS BOARD OF RESPIRATORY CARE

• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER B POWERS AND DUTIES OF ADVISORY BOARD AND MEDICAL BOARD

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER C CERTIFICATE AND TEMPORARY PERMIT REQUIREMENTS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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;...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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.

SUBCHAPTER D RENEWAL OF CERTIFICATE OR TEMPORARY PERMIT

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 604.1522 - Renewal Of Certificate By Out-of-state Practitioner
  (a) A person who was certified in this state, moved to another state, and is currently certified and has been in practice in the other...
• Texas Section 604.1523 - Criminal History Record Information Requirement For Renewal
  (a) An applicant for renewal of a certificate or temporary permit shall submit a complete and legible set of fingerprints for purposes of performing a...
• Texas Section 604.153 - Issuance Of Renewal Certificate
  (a) The advisory board shall issue to the certificate holder a certificate for the renewal period on receipt of the completed renewal notice and other...
• Texas Section 604.154 - Continuing Education Requirements
  (a) The advisory board shall establish for the renewal of a certificate uniform continuing education requirements of not less than 12 or more than 24...
• Texas Section 604.156 - Inactive Status
  (a) A respiratory care practitioner who does not practice respiratory care during a renewal period and who notifies the advisory board that the practitioner is...

SUBCHAPTER D-1 COMPLAINTS AND INVESTIGATIVE INFORMATION

• Texas Section 604.157 - Renewal Of Temporary Permit
  (a) Before the expiration of a temporary permit, the permit holder may apply for renewal of the temporary permit. (b) The advisory board may renew...
• Texas Section 604.171 - Complaint Information And Status
  (a) The advisory board shall maintain a system to promptly and efficiently act on complaints filed with the advisory board. The advisory board shall maintain:...
• Texas Section 604.172 - Conduct Of Investigation
  The advisory board shall complete a preliminary investigation of a complaint filed with the advisory board not later than the 45th day after the date...
• Texas Section 604.173 - Access To Complaint Information
  (a) Except as provided by Subsection (b), the advisory board shall provide a person who is the subject of a formal complaint filed under this...
• Texas Section 604.174 - Health Care Entity Request For Information
  On the written request of a health care entity, the advisory board shall provide to the entity: (1) information about a complaint filed against a...
• Texas Section 604.175 - Confidentiality Of Investigative Information
  A complaint, adverse report, investigation file, other report, or other investigative information in the possession of or received or gathered by the advisory board, the...

SUBCHAPTER E PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES

• Texas Section 604.176 - Permitted Disclosure Of Investigative Information
  (a) Investigative information in the possession of the advisory board, the medical board, or an employee or agent of the medical board that relates to...
• Texas Section 604.201 - Disciplinary Action
  (a) For a violation of this chapter or a rule adopted under this chapter, the advisory board may: (1) deny, suspend, suspend on an emergency...
• Texas Section 604.2011 - Surrender Of Certificate Or Temporary Permit
  (a) The advisory board may accept the voluntary surrender of a certificate or temporary permit. A person who has surrendered a certificate or temporary permit...
• Texas Section 604.202 - Emergency Suspension
  (a) The presiding officer of the advisory board shall appoint a three-member disciplinary panel consisting of advisory board members to determine whether a certificate or...
• Texas Section 604.203 - Administrative Procedure For Contested Case Hearing
  For a contested case hearing in which a formal complaint has been filed under this chapter, the procedure by which the advisory board takes a...
• Texas Section 604.204 - Effect Of Denial Of Application Or Revocation Of Certificate Or Temporary Permit
  A person whose application for a certificate or temporary permit is denied or whose certificate or permit is revoked is ineligible for a certificate or...
• Texas Section 604.205 - Delegation Of Certain Complaint Dispositions
  (a) The advisory board may delegate to a committee of medical board employees the authority to dismiss or enter into an agreed settlement of a...
• Texas Section 604.206 - Subpoena
  (a) The executive director of the medical board, the director's designee, or the secretary-treasurer of the medical board may issue a subpoena or subpoena duces...
• Texas Section 604.207 - Protection Of Patient Identity
  In a disciplinary investigation or proceeding conducted under this chapter, the advisory board shall protect the identity of each patient whose medical records are examined...
• Texas Section 604.208 - Required Suspension Of License Of Incarcerated Certificate Or Temporary Permit Holder
  Regardless of the offense, the advisory board shall suspend the certificate or temporary permit of a person serving a prison term in a state or...
• Texas Section 604.209 - Informal Proceedings
  (a) The advisory board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) informal...
• Texas Section 604.210 - Advisory Board Representation In Informal Proceedings
  (a) In an informal meeting under Section 604.209, at least two panelists shall be appointed to determine whether an informal disposition is appropriate. (b) Notwithstanding...
• Texas Section 604.211 - Roles And Responsibilities Of Participants In Informal Proceedings
  (a) An advisory board member who serves as a panelist at an informal meeting under Section 604.209 shall make recommendations for the disposition of a...
• Texas Section 604.212 - Limit On Access To Investigation Files
  The advisory board shall prohibit or limit access to an investigation file relating to a person subject to an informal proceeding in the manner provided...
• Texas Section 604.213 - Refund
  (a) Subject to Subsection (b), the advisory board may order a certificate or temporary permit holder to pay a refund to a consumer as provided...

SUBCHAPTER F ADMINISTRATIVE PENALTIES

• Texas Section 604.214 - Expert Immunity
  An expert who assists the advisory board is immune from suit and judgment and may not be subjected to a suit for damages for any...
• Texas Section 604.301 - Imposition Of Penalty
  The advisory board may impose an administrative penalty on a person who violates this chapter or a rule adopted under this chapter. Acts 1999, 76th...
• Texas Section 604.302 - Amount Of Penalty
  (a) The amount of an administrative penalty may not exceed $1,000 for each violation. Each day a violation continues is a separate violation. (b) The...
• Texas Section 604.303 - Notice Of Violation And Penalty
  If, after investigation of a possible violation and the facts surrounding the possible violation, the advisory board determines that a violation occurred, the advisory board...
• Texas Section 604.304 - Penalty To Be Paid Or Hearing Requested
  (a) Not later than the 20th day after the date the person receives the notice under Section 604.303, the person may: (1) accept the advisory...
• Texas Section 604.305 - Hearing
  (a) If the person requests a hearing in a timely manner, the advisory board shall: (1) set a hearing; and (2) give written notice of...
• Texas Section 604.306 - Decision By Advisory Board
  (a) Based on the findings of fact, conclusions of law, and proposal for decision, the advisory board by order may determine that: (1) a violation...
• Texas Section 604.307 - Options Following Decision: Pay Or Appeal
  (a) Not later than the 30th day after the date the order becomes final, the person shall: (1) pay the administrative penalty; (2) pay the...
• Texas Section 604.308 - Collection Of Penalty
  If the person does not pay the penalty and enforcement of the penalty is not stayed, the advisory board may refer the matter to the...
• Texas Section 604.309 - Determination Of 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...
• Texas Section 604.310 - Remittance Of Penalty And Interest
  (a) If after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final: (1)...
• Texas Section 604.311 - Administrative Penalty Expenses And Costs
  (a) In this section, "reasonable expenses and costs" includes expenses incurred by the advisory board or the attorney general in the investigation, initiation, or prosecution...

SUBCHAPTER G CRIMINAL PENALTIES AND ENFORCEMENT PROVISIONS

• Texas Section 604.312 - Administrative Procedures
  A proceeding relating to the assessment of an administrative penalty under this subchapter is subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch....
• Texas Section 604.351 - General Criminal Penalty
  (a) A person commits an offense if the person knowingly violates Section 604.101 or 604.102. (b) An offense under this section is a Class B...
• Texas Section 604.352 - Other Criminal Offenses
  (a) A person commits an offense if the person knowingly: (1) sells, fraudulently obtains, or furnishes a respiratory care diploma, certificate, temporary permit, or record;...

Last modified: September 28, 2016