The advisory board may refuse to issue a certificate to any person and may, following notice of hearing and a hearing as provided for in the APA, take disciplinary action against any respiratory care practitioner who:
  (1) fraudulently or deceptively obtains or attempts to obtain a certificate;
  (2) fraudulently or deceptively uses a certificate;
  (3) violates the Act, or any rules relating to the practice of a respiratory care practitioner;
  (4) is convicted of a crime, or has received deferred adjudication or pre-trial diversion for a crime, in accordance with Chapter 53 of the Texas Occupations Code;
  (5) habitually uses drugs or intoxicating liqueurs to the extent that, in the opinion of the advisory board, the person cannot safely perform as a respiratory care practitioner;
  (6) has been adjudicated as mentally incompetent or has a mental or physical condition that renders the person unable to safely perform as a respiratory care practitioner;
  (7) has committed an act of moral turpitude. An act involving moral turpitude shall be defined as an act involving baseness, vileness, or depravity in the private and social duties one owes to others or to society in general, or an act committed with knowing disregard for justice, honesty, principles, or good morals;
  (8) represents that the person is a physician;
  (9) has acted in an unprofessional or dishonorable manner which is likely to deceive, defraud, or injure any member of the public;
  (10) has failed to practice as a respiratory care practitioner in an acceptable manner consistent with public health and welfare;
  (11) has committed any act that is in violation of the laws of the State of Texas if the act is connected with practice as a respiratory care practitioner; a complaint, indictment, or conviction of a law violation is not necessary for the enforcement of this provision; proof of the commission of the act while in practice as a respiratory care practitioner or under the guise of practice as a respiratory care practitioner is sufficient for action by the advisory board under this section;
  (12) has had the person's certificate or other authorization to practice as a respiratory care practitioner suspended, revoked, or restricted or who has had other disciplinary action taken by another state regarding practice as a respiratory care practitioner or had disciplinary action taken by the uniformed services of the United States. A certified copy of the record of the state or uniformed services of the United States taking the action is conclusive evidence of such action;
  (13) administers a drug or treatment that is nontherapeutic in nature or nontherapeutic in the manner the drug or treatment is administered;
  (14) unlawfully advertises in a false, misleading, or deceptive manner. Advertisements shall be defined as false, misleading, or deceptive consistent with §101.201 of the Texas Occupations Code;
  (15) alters, with fraudulent intent, any respiratory care practitioner certificate, permit, or diploma;
  (16) uses any respiratory care practitioner license, certificate, temporary permit, or diploma that has been fraudulently purchased, issued, or counterfeited or that has been materially altered;
  (17) aids or abets, directly or indirectly, the practice as a respiratory care practitioner by any person not duly certified to practice as a respiratory care practitioner by the advisory board;
  (18) is removed or suspended or has disciplinary action taken by his peers in any professional association or society, whether the association or society is local, regional, state, or national in scope, or is being disciplined by a licensed hospital or medical staff of a hospital, including removal, suspension, or other disciplinary action, if that action, in the opinion of the advisory board, was based on unprofessional conduct or professional incompetence that was likely to harm the public. This action does not constitute state action on the part of the association, society, or hospital medical staff;
  (19) has repeated or recurring meritorious health care liability claims that in the opinion of the advisory board evidence professional incompetence likely to harm the public;
  (20) fails to comply with a board subpoena or request for information or action; or
  (21) through his practice as a respiratory care practitioner sexually abuses or exploits another person.

Source Note: The provisions of this §186.17 adopted to be effective April 3, 2017, 42 TexReg 1758; amended to be effective April 15, 2018, 43 TexReg 2147