(a) A respiratory care practitioner who reports an impairment that affects his or her ability to actively practice as a respiratory care practitioner as defined by §186.4(d) of this chapter (relating to Procedural Rules and Qualifications for Certificate Applicants) shall be given written notice of the following:
  (1) based on the respiratory care practitioner's impairment, he or she may request:
    (A) to be placed on retired status pursuant to §186.28 of this chapter (relating to Retired Certificate);
    (B) to have the respiratory care practitioner's certificate converted to inactive status as defined under §186.8 of this chapter (relating to Inactive Certificate) if the respiratory care practitioner's impairment is solely physical;
    (C) to voluntarily surrender the respiratory care practitioner's certificate pursuant to §186.26 of this chapter (relating to Voluntary Relinquishment or Surrender of Respiratory Care Practitioner Certificate); or
    (D) to be referred to the Texas Physician Health Program pursuant to Chapter 180 of this title (relating to Texas Physician Health Program and Rehabilitation Orders); and
  (2) that failure to respond to the written notice or otherwise not comply with paragraph (1) of this subsection within 45 days shall result in a referral to the advisory board's Investigation Division for possible disciplinary action.
(b) The advisory board shall provide written notice as described in subsection (a) of this section within 30 days of receipt of the certificate holder's registration form indicating the certificate holder's impairment.

Source Note: The provisions of this §186.29 adopted to be effective April 3, 2017, 42 TexReg 1758