CHAPTER 604. RESPIRATORY CARE PRACTITIONERS

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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;

(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.

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

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.

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.

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.

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;

(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;

(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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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