CHAPTER 604. RESPIRATORY CARE PRACTITIONERS
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE K. PROFESSIONS RELATED TO USE OF CERTAIN MEDICAL
EQUIPMENT
CHAPTER 604. RESPIRATORY CARE PRACTITIONERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.