(a) Respiratory care practitioners issued a certificate under the Act shall register biennially and pay a fee. A respiratory care practitioner may, on notification from the advisory board, renew an unexpired certificate by submitting the required form and documents (including fingerprints if required as required by §604.1523 of the Act) and by paying the required renewal fee, as set forth in §175.2 of this title (relating to Registration and Renewal Fees), to the advisory board on or before the expiration date of the certificate. The renewal fee shall be prorated in accordance with §604.151 of the Act. The fee shall accompany the required form which legibly sets forth the certificate holder's name, mailing address, business address, and other necessary information prescribed by the advisory board.     
      (b) As a prerequisite to renewal, a respiratory care practitioner shall attest to completion of continuing education during the renewal period as required by §186.10 of this chapter (relating to Continuing Education Requirements).     
      (c) Falsification of an affidavit or submission of false information to obtain renewal of a certificate shall subject a respiratory care practitioner to denial of the renewal and/or to discipline pursuant to the Act, §§604.201-.203.     
      (d) If the renewal fee and completed application form are not received on or before the expiration date of the certificate, the fees set forth in §175.3 of this title (relating to Penalties) shall apply.     
      (e) The advisory board shall not waive fees or penalties.     
      (f) The advisory board shall stagger biennial renewal of respiratory care practitioners proportionally on a periodic basis.     
      (g) Practicing as a respiratory care practitioner as defined in the Act without a biennially renewed certificate as provided for in the advisory board rules has the same force and effect as and is subject to all penalties of practicing as a respiratory care practitioner without a certificate.     
      (h) Respiratory care practitioners shall inform the advisory board of address changes on the form prescribed by the advisory board within 30 days of the effective date of the address change.     
      (i) The board shall provide written notice to each practitioner at the practitioner's address of record at least 30 days prior to the expiration date of the certificate.     
      (j) Expired Biennial Certificates.      
        (1) If a respiratory care practitioner's certificate has been expired for less than one year, the respiratory care practitioner may obtain a new certificate by submitting to the advisory board a completed application, the renewal fee, as defined in §175.2 of this title, and the penalty fee, as defined in §175.3 of this title (relating to Penalties).       
        (2) If a respiratory care practitioner's certificate has been expired for one year or longer, the respiratory care practitioner's certificate is automatically canceled, unless an investigation is pending, and the respiratory care practitioner 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.       
        (3) 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. Practicing as a respiratory care practitioner after a respiratory care practitioner's certificate has expired under subsection (a) of this section without obtaining a renewal has the same effect as, and is subject to all penalties of, practicing as a respiratory care practitioner without a certificate. The advisory board interprets §604.201 of the Act to provide the exclusive sanction that may be imposed by the advisory board for practicing respiratory care after the expiration of the certificate or temporary permit.       
      (k) Renewal of Certificate by Out-of-State Practitioner.      
        (1) A person who was issued a respiratory care practitioner certificate in this state, moved to another state, and is currently licensed or 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.       
        (2) The person must pay to the advisory board a fee that is equal to two times the normally required fee for the certificate.       
     Source Note:        The provisions of this §186.6 adopted to be effective April 3, 2017, 42 TexReg 1758; amended to be effective April 15, 2018, 43 TexReg 2147