Sec. 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 basis, restrict, revoke, or refuse to renew a certificate or temporary permit;
(2) place the certificate or permit holder on probation under conditions set by the advisory board; or
(3) reprimand the certificate or permit holder.
(b) The advisory board shall take disciplinary action authorized under Subsection (a) if the advisory board determines that a person who holds a certificate or temporary permit:
(1) is guilty of fraud or deceit in procuring, renewing, or attempting to procure a certificate or temporary permit;
(2) is unfit or incompetent because of negligence or another cause of incompetency;
(3) is addicted to or has improperly obtained, possessed, used, or distributed a habit-forming drug or narcotic or is habitually intemperate in the use of alcoholic beverages;
(4) is guilty of dishonest or unethical conduct as determined by the advisory board;
(5) has practiced respiratory care after the person's certificate or temporary permit has expired;
(6) has practiced respiratory care under a certificate or temporary permit illegally or fraudulently obtained or issued;
(7) has practiced respiratory care without the direction of a qualified medical director or other licensed physician;
(8) has violated this chapter or aided or abetted another in violating this chapter; or
(9) has violated:
(A) a rule adopted under this chapter;
(B) an order of the advisory board previously entered in a disciplinary proceeding; or
(C) an order to comply with a subpoena issued under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.182, eff. September 1, 2015.
Structure Texas Statutes
Subtitle K - Professions Related to Use of Certain Medical Equipment
Chapter 604 - Respiratory Care Practitioners
Subchapter E. Prohibited Practices and Disciplinary Procedures
Section 604.201. Disciplinary Action
Section 604.2011. Surrender of Certificate or Temporary Permit
Section 604.202. Emergency Suspension
Section 604.203. Administrative Procedure for Contested Case Hearing
Section 604.204. Effect of Denial of Application or Revocation of Certificate or Temporary Permit
Section 604.205. Delegation of Certain Complaint Dispositions
Section 604.207. Protection of Patient Identity
Section 604.209. Informal Proceedings
Section 604.210. Advisory Board Representation in Informal Proceedings
Section 604.211. Roles and Responsibilities of Participants in Informal Proceedings