The Texas Medical Board regulates Respiratory Care Practitioners in Texas and is tasked with establishing procedures and standards for the training, education, certifying, and discipline of the Respiratory Care Practitioners it certifies.
The TMB recently adopted new rules for Respiratory Care Practitioners in Texas. The new rules became effective on April 15, 2018. The rule changes are to the Texas Administrative Code, Part 9 Texas Medical Board, Chapter 186 Respiratory Care Practitioners.
Continuing Education Requirements
Under the new rules at least two hours of the required 24 hours of continuing education must be in the topic of ethics. §186.10(a). As a condition of renewal of a certificate, a Respiratory Care Practitioner is required to complete 24 contact hours of approved continuing education every two years. Of those 24 hours, at least 12 must be in traditional courses and at least two contact hours must be in ethics.
Also, the amendment to §186.10(b)(2)(C) gives non-traditional continuing education credit to a Respiratory Care Practitioner who teaches or instructs a course in an accredited respiratory care educational program. The practitioner will be credited one non-traditional contact hour for each contact hour actually taught, but continuing education credit “will be given only once per renewal period for teaching a particular course.” §186.10(b)(2)(C).
Temporary Permits After Signing an Agreed Order or Remedial Plan
A temporary permit shall be issued to an applicant who: “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[.]” §186.7(a)(1).
Qualifications for Certificate Applicants
The amendments to §186.4, concerning Procedural Rules and Qualifications for Certificate Applicants, adds language to subsection (g) to detail alternative certification procedures for military service members, military veterans, and military spouses.
To be eligible for alternative demonstrations of competency a military service member, military veteran, or military spouse must meet one of the following requirements:

  • Holds an active unrestricted respiratory care practitioner certificate or license issued by another state that has certification or licensure requirements that are substantially equivalent to the requirements for a Texas respiratory care practitioner certificate; or
  • Within the five years preceding the application date, applicant must have held a respiratory care practitioner certificate in this state that expired and was cancelled for nonpayment while the applicant lived in another state for at least six months. 186.4(g)(2)(A)-(B).

Inactive Certificates
Pursuant to §186.6(a) inactive certificates must be renewed each year, “but is excused from paying renewal fees on the certificate.” If your certificate is on hold you may not practice as a Respiratory Care Practitioner in Texas.
Voluntary Charity Care, Definition
The amendment to §186.2, concerning Definitions, adds new language under Paragraph 41, defining “Voluntary Charity Care” as “Respiratory care provided for no compensation to indigent populations, in medically underserved areas, or for a disaster relief organization. As used in this definition, compensation means direct or indirect payment of anything of monetary value, except payment or reimbursement of reasonable, necessary, and actual travel and related costs.”
Review all of the recently adopted rules for Respiratory Care Practitioners in Texas here.
Experienced Medical License Defense Attorneys
If you have been notified of a complaint filed against you with the Texas Medical Board, BERTOLINO LLP can help. We are experienced medical license defense attorneys and we know how to navigate the TMB’s complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your professional license, including:

  • Temporary Suspension Hearings
  • Informal Settlement Conferences (ISC)
  • Show Compliance Proceedings
  • State Office of Administrative Hearings (SOAH) Proceedings

Our firm believes that immediately consulting an experienced medical license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case. Our results speak for themselves.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 476-5757 and schedule a case evaluation.

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