Law:Title 3. Health Professions. Subtitle K. Professions Related To Use Of Certain Medical Equipment from Chapter 604. Respiratory Care Practitioners (Texas)

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Subtitle K. Professions Related To Use Of Certain Medical Equipment

Contents

Chapter 604. Respiratory Care Practitioners

Subchapter A. General Provisions

Section  604.001.  Definitions.

In this chapter:

(1)  "Board" means the Texas Board of Health.

(2)  "Department" means the Texas Department of Health.

(3)  "Respiratory care" means the treatment, management, control, diagnostic evaluation, or care of a patient who has a deficiency or abnormality associated with the cardiorespiratory system.

(4)  "Respiratory care practitioner" means a person who holds a certificate or temporary permit under this chapter to practice respiratory care.

(5)  "Respiratory care procedure" means respiratory care provided by the therapeutic and diagnostic use of medical gases, humidifiers, and aerosols, the administration of drugs and medications to the cardiorespiratory system, ventilatory assistance and ventilatory control, postural drainage, chest drainage, chest percussion or vibration, breathing exercises, respiratory rehabilitation, cardiopulmonary resuscitation, the maintenance of natural airways, and the insertion and maintenance of artificial airways. The term includes a technique used to assist in diagnosis, monitoring, treatment, and research, as ordered by a patient's physician, including:

(A)  the measurement of ventilatory volumes, pressures, and flows;

(B)  the specimen collection of blood and other materials;

(C)  pulmonary function testing; and

(D)  hemodynamic and other related physiological forms of monitoring or treating the cardiorespiratory system.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



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, Sec. 1, eff. Sept. 1, 1999.



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 a respiratory care education program approved by the department;

(2)  the employment by a health care facility of a person to deliver limited respiratory care support services under the supervision of another person who holds a certificate issued under this chapter, if the person delivering the services does not perform an invasive procedure related to critical respiratory care, including a therapeutic, diagnostic, or palliative procedure, as part of the person's employment and if that person:

(A)  is enrolled for credit in the clinical portion of an approved respiratory care education program; or

(B)  has completed all of the clinical portion of an approved respiratory care education program within the preceding 12 months and is actively pursuing a course of study leading to graduation from the program;

(3)  the care of an ill person provided without charge by a friend or family member;

(4)  care provided in an emergency by a person who does not claim to be a respiratory care practitioner;

(5)  the performance by a respiratory care practitioner of an advance in the art and techniques of respiratory care learned through formal or specialized training;

(6)  the practice of respiratory care by health care personnel who have been formally trained in the care used and who are:

(A)  licensed under the law regulating their professions; or

(B)  acting under the delegated authority of a licensed physician;

(7)  the practice of a legally qualified respiratory care practitioner who is discharging the practitioner's official duties as an employee of the United States government; or

(8)  the practice by a person of a profession or occupation for which the person is licensed, registered, or certified under another law of this state.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Subchapter B. Powers And Duties Of Board And Department

Section  604.051.  Certification And Permitting Program.

(a) The department's bureau of licensing and compliance shall administer the certification and permitting program under this chapter.

(b)  The department shall maintain a list of each person who holds a certificate or temporary permit under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  604.052.  Rules.

(a) The board by rule shall establish minimum standards for issuing, denying, renewing, suspending, suspending on an emergency basis, or revoking a certificate or temporary permit under this chapter.

(b)  The board may adopt rules necessary to implement this chapter.

(c)  The board may adopt rules relating to certifying, examining, or disciplining a person under this chapter only if necessary to protect the public health by ensuring that only a qualified person practices respiratory care.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.339(a), eff. Sept. 1, 2001.



Section  604.053.  Fees.

(a) The board shall set fees for an application, examination, certificate, temporary permit, permit and certificate renewal, and certificate reinstatement.

(b)  The board shall set fees in reasonable amounts that are sufficient to cover the costs of administering this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  604.054.  Approval Of Education Programs.

In determining whether to approve a respiratory care education program, the department shall consider relevant information about the quality of the program, including accreditation of the program by a professional medical association, such as the Commission on Accreditation of Allied Health Education Programs.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  604.055.  Peer Assistance Program.

The department may establish, approve, and fund a peer assistance program in accordance with Section 467.003, Health and Safety Code, and board rules.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  604.056.  Personnel.

The department shall employ personnel as necessary to administer this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  604.057.  Rules Regarding Advertising Or Competitive Bidding.

(a) The board may not adopt rules restricting advertising or competitive bidding by a temporary permit or certificate holder except to prohibit false, misleading, or deceptive practices.

(b)  In its rules to prohibit false, misleading, or deceptive practices, the board may not include a rule that:

(1)  restricts the use of any medium for advertising;

(2)  restricts the use of a temporary permit or certificate holder's personal appearance or voice in an advertisement;

(3)  relates to the size or duration of an advertisement by the temporary permit or certificate holder; or

(4)  restricts the temporary permit or certificate holder's advertisement under a trade name.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.339(b), eff. Sept. 1, 2001.



Subchapter C. Certificate And Temporary Permit Requirements

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 the person holds a certificate or temporary permit issued under this chapter.

(b)  A person may not practice respiratory care other than under the direction of a qualified medical director or other physician licensed by the Texas State Board of Medical Examiners.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



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 has been suspended or revoked may not:

(1)  use in connection with the person's practice:

(A)  the words "respiratory care," "respiratory therapist," "respiratory care practitioner," "certified respiratory care practitioner," or "respiratory therapy technician";

(B)  the letters "R.C.P."; or

(C)  any other words, letters, abbreviations, or insignia indicating or implying that the person is a respiratory care practitioner; or

(2)  directly or by implication represent in any way that the person is a respiratory care practitioner.

(b)  A person who holds a certificate or temporary permit to practice respiratory care under this chapter may use the title "respiratory care practitioner" and the abbreviation "R.C.P."

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  604.103.  Application; Application Fee.

An applicant for a certificate or temporary permit must:

(1)  apply to the department on a form and under rules prescribed by the board; and

(2)  submit a nonrefundable application fee with the application.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  604.104.  Requirement For Certificate.

An applicant for a certificate must submit to the department written evidence, verified by oath, that the applicant has completed:

(1)  an approved four-year high school course of study or the equivalent as determined by the appropriate educational agency; and

(2)  a respiratory care education program approved by the department.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  604.1041.  Examination.

The board by rule shall establish examination requirements for a certificate under this chapter. The board may use the entry level examination prepared by the National Board for Respiratory Care or an equivalent examination.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.339(c), eff. Sept. 1, 2001.



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 department shall notify the person of the results of the examination.

(b)  If the examination is graded or reviewed by a testing service, the department shall notify the person of the results of the examination not later than the 14th day after the date the department receives the results from the testing service. If notice of the examination results will be delayed for longer than 90 days after the examination date, the department shall notify the person of the reason for the delay before the 90th day.

(c)  The department may require a testing service to notify a person of the results of the person's examination.

(d)  If requested in writing by a person who fails a certification examination administered under this chapter, the department shall furnish the person with an analysis of the person's performance on the examination.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.339(c), eff. Sept. 1, 2001.



Section  604.105.  Issuance Of Certificate.

The department shall issue a certificate to an applicant who meets the minimum standards adopted under Section 604.052(a) and pays the certificate fee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  604.106.  Issuance Of Certificate By Reciprocity.

The department may issue a certificate to a person who is licensed or certified to practice respiratory care by another state whose requirements for licensure or certification were on the date the license or certificate was issued substantially equal to the requirements of this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  604.107.  Requirements For Temporary Permit.

An applicant for a temporary permit to practice respiratory care must submit to the department written evidence, verified by oath, that the applicant is:

(1)  practicing or has within the 12-month period preceding the application date practiced respiratory care in another state or country and is licensed to practice respiratory care in that state or country;

(2)  a student in an approved respiratory care education program who expects to graduate from the program not later than the 30th day after the date the temporary permit is issued; or

(3)  a graduate of an approved respiratory care education program.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  604.108.  Issuance Of Temporary Permit; Renewal.

(a) The department shall issue a temporary permit to an applicant who meets the requirements of Sections 604.103 and 604.107 and pays the permit fee.

(b)  A temporary permit is valid for the period set by board rule. The period may not be less than six months or more than 12 months.

(c)  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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.340(a), eff. Sept. 1, 2001.



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

Section 604.151.  Certificate Renewal.

(a) A certificate to practice respiratory care must be renewed biennially.

(b)  The board by rule may adopt a system under which certificates expire on various dates during the year. For the year in which the certificate expiration date is changed, the department shall prorate certificate fees on a monthly basis so that each certificate holder pays only that portion of the certificate fee that is allocable to the number of months during which the certificate is valid. On renewal of the certificate on the new expiration date, the total certificate renewal fee is payable.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.341(a), eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 167, Sec. 1, eff. May 27, 2005.

Acts 2005, 79th Leg., Ch. 167, Sec. 2, eff. May 27, 2005.



Section  604.152.  Notice Of Certificate Renewal.

(a) Not later than the 30th day before the expiration date of a person's certificate, the department shall mail a renewal notice to the person at the person's last known address.

(b)  To renew a certificate, the certificate holder must complete the renewal notice and return the notice with the renewal fee to the department on or before the expiration date.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



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 department a renewal fee that is equal to 1-1/2 times the normally required renewal fee.

(b)  A person whose certificate has been expired for more than 90 days but less than one year may renew the certificate by paying to the department a renewal fee that is equal to two times the normally required renewal fee.

(c)  A person whose certificate has been expired for one year or more 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.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.340(b), eff. Sept. 1, 2001.



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 state for the two years preceding the date of application may obtain a new certificate without reexamination.

(b)  The person must pay to the department a fee that is equal to two times the normally required renewal fee for the certificate.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.340(b), eff. Sept. 1, 2001.



Section  604.153.  Issuance Of Renewal Certificate.

(a) The department shall issue to the certificate holder a certificate for the renewal period on receipt of the completed renewal notice and payment of the renewal fee.

(b)  The renewal is valid for the period stated on the renewal certificate.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  604.154.  Continuing Education Requirements.

(a) The board shall establish for the renewal of a certificate uniform continuing education requirements of not less than 12 or more than 24 continuing education hours for each renewal period.

(b)  The board may adopt rules relating to meeting the continuing education requirements in a hardship situation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 167, Sec. 3, eff. May 27, 2005.



Section  604.156.  Inactive Status.

(a) A respiratory care practitioner who does not practice respiratory care during a renewal period and who notifies the department that the practitioner is not practicing respiratory care is not required to pay the renewal fee until the practitioner resumes practice.

(b)  To resume the practice of respiratory care, the practitioner must:

(1)  notify the department;

(2)  satisfy requirements adopted by the board; and

(3)  pay the reinstatement fee and the renewal fee for the renewal period in which the practitioner will resume practice.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



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 department may renew a temporary permit for not more than one additional period, pending compliance with this chapter and board rules. The additional period may not be less than six months or more than 12 months.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Subchapter E. Prohibited Practices And Disciplinary Procedures

Section  604.201.  Disciplinary Action.

(a) For a violation of this chapter or a rule adopted under this chapter, the department may:

(1)  deny, suspend, suspend on an emergency basis, revoke, or refuse to renew a certificate or temporary permit;

(2)  place the certificate or permit holder on probation under conditions set by the department; or

(3)  reprimand the certificate or permit holder.

(b)  The department shall take disciplinary action authorized under Subsection (a) if the department 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 department;

(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; or

(8)  has violated this chapter or aided or abetted another in violating this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  604.202.  Emergency Suspension.

(a) The department may suspend a certificate or temporary permit issued under this chapter on a determination that the health and safety of a person is threatened and may make the suspension effective immediately.

(b)  A person whose certificate or temporary permit is suspended under this section is entitled to a hearing before the department not later than the 10th day after the effective date of the emergency suspension.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  604.203.  Disciplinary Procedure.

The procedure by which the department takes a disciplinary action and the procedure by which a disciplinary action is appealed are governed by:

(1)  board rules for a contested case hearing; and

(2)  Chapter 2001, Government Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



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 permit under this chapter until the first anniversary of the date of the denial or revocation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Subchapter F. Administrative Penalties

Section  604.301.  Imposition Of Penalty.

The department may impose an administrative penalty on a person who violates this chapter or a rule adopted under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



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 amount of the penalty shall be based on:

(1)  the seriousness of the violation;

(2)  the history of previous violations;

(3)  the amount necessary to deter a future violation;

(4)  efforts made to correct the violation; and

(5)  any other matter that justice requires.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  604.303.  Notice Of Violation And Penalty.

If, after investigation of a possible violation and the facts surrounding the possible violation, the department determines that a violation occurred, the department shall give written notice of the violation to the person alleged to have committed the violation. The notice must:

(1)  include a brief summary of the alleged violation;

(2)  state the amount of the proposed administrative penalty based on the factors set forth in Section 604.302(b); and

(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



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 department's determination and proposed administrative penalty; or

(2)  make a written request for a hearing on that determination.

(b)  If the person accepts the department's determination, the commissioner of public health or the commissioner's designee by order shall approve the determination and assess the proposed penalty.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  604.305.  Hearing.

(a) If the person requests a hearing in a timely manner, the department shall:

(1)  set a hearing;

(2)  give written notice of the hearing to the person; and

(3)  designate a hearings examiner to conduct the hearing.

(b)  The hearings examiner shall:

(1)  make findings of fact and conclusions of law; and

(2)  promptly issue to the commissioner of public health or the commissioner's designee a proposal for decision as to the occurrence of the violation and the amount of any proposed administrative penalty.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  604.306.  Decision By Commissioner Or Designee.

(a) Based on the findings of fact, conclusions of law, and proposal for decision, the commissioner of public health or the commissioner's designee by order may determine that:

(1)  a violation occurred and impose an administrative penalty; or

(2)  a violation did not occur.

(b)  The department shall give notice of the order to the person. The notice must include:

(1)  separate statements of the findings of fact and conclusions of law;

(2)  the amount of any penalty imposed; and

(3)  a statement of the person's right to judicial review of the order.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



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 penalty and file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both; or

(3)  without paying the penalty, file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both.

(b)  Within the 30-day period, a person who acts under Subsection (a)(3) may:

(1)  stay enforcement of the penalty by:

(A)  paying the penalty to the court for placement in an escrow account; or

(B)  giving to the court a supersedeas bond approved by the court that:

(i)  is for the amount of the penalty; and

(ii)  is effective until judicial review of the order is final; or

(2)  request the court to stay enforcement of the penalty by:

(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and

(B)  giving a copy of the affidavit to the department by certified mail.

(c)  If the department receives a copy of an affidavit under Subsection (b)(2), the department may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.

(d)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay enforcement of the penalty on finding that the alleged facts are true. The person who files the affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  604.308.  Collection Of Penalty.

If the person does not pay the penalty and enforcement of the penalty is not stayed, the department may refer the matter to the attorney general for collection of the penalty.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



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 the person to pay the full or reduced penalty.

(b)  If the court does not sustain the determination that a violation occurred, the court shall order that a penalty is not owed.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



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)  order that the appropriate amount, plus accrued interest, be remitted to the person if the person paid the penalty;

(2)  order the release of the escrow account in full if the penalty is not imposed or order that the amount of a reduced penalty be paid from the escrow account and that the remainder of the account be released if the person paid the penalty into an escrow account; or

(3)  order the release of the bond in full if the penalty is not imposed or order the release of the bond after the person pays the penalty imposed if the person posted a supersedeas bond.

(b)  The interest paid under Subsection (a)(1) is the rate charged on loans to depository institutions by the New York Federal Reserve Bank. The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  604.311.  Administrative Penalty Expenses And Costs.

(a) In this section, "reasonable expenses and costs" includes expenses incurred by the department or the attorney general in the investigation, initiation, or prosecution of an action, including reasonable investigative costs, court costs, attorney's fees, witness fees, and deposition expenses.

(b)  The department may assess reasonable expenses and costs against a person in an administrative hearing if, as a result of the hearing, an administrative penalty is assessed against the person. The person shall pay expenses and costs assessed under this subsection not later than the 30th day after the date the order of the commissioner of public health or the commissioner's designee requiring the payment of expenses and costs is final. The department may refer the matter to the attorney general for collection of the expenses and costs.

(c)  If the attorney general brings an action against a person to enforce an administrative penalty assessed under this subchapter and the person is found liable for an administrative penalty, the attorney general may recover, on behalf of the attorney general and the department, reasonable expenses and costs.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



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. 388, Sec. 1, eff. Sept. 1, 1999.



Subchapter G. Criminal Penalties

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 misdemeanor.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



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;

(2)  practices respiratory care under a respiratory care diploma, certificate, temporary permit, or record illegally or fraudulently obtained or issued;

(3)  impersonates in any manner a respiratory care practitioner;

(4)  practices respiratory care while the person's certificate or temporary permit is suspended, revoked, or expired;

(5)  conducts a formal respiratory care education program to prepare respiratory care personnel other than a program approved by the department;

(6)  employs a person as a respiratory care practitioner who does not hold a certificate or temporary permit in the practice of respiratory care; or

(7)  otherwise practices medicine in violation of Section 604.002.

(b)  An offense under this section is a Class B misdemeanor.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.


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