(a) A respiratory care practitioner may have a certificate placed on inactive status by applying to the advisory board. A respiratory care practitioner with an inactive certificate must renew the inactive certificate each year, but is excused from paying renewal fees on the certificate. During the time the certificate is inactive, the certificate holder may not practice as a respiratory care practitioner in Texas.     
      (b) In order for a respiratory care practitioner certificate holder to be placed on inactive status, the certificate must be in good standing.     
      (c) A certificate holder who practices as a respiratory care practitioner in Texas while on inactive status is considered to be practicing without a certificate.     
      (d) A respiratory care practitioner may return to active status by applying to the advisory board, paying an application fee equal to an application fee for a respiratory care practitioner certificate, complying with the requirements for certificate renewal under the Act, providing current verifications from each state in which the respiratory care practitioner holds a certificate or license, demonstrating current certification by NBRC, submitting professional evaluations from each employment held after the certificate was placed on inactive status, and complying with subsection (e) of this section.     
      (e) A respiratory care practitioner applicant applying to return to active status shall provide sufficient documentation to the advisory board that the applicant has, on a full-time basis as defined in §186.4(e) of this chapter (relating to Procedural Rules and Qualifications for Certificate Applicants), actively practiced as a respiratory care practitioner or has been on the active teaching faculty of an acceptable approved respiratory care practitioner program, within either of the two years preceding receipt of an application for reactivation. Applicants who do not meet this requirement may, in the discretion of the advisory board, be eligible for the reactivation of a certificate subject to one or more of the following conditions or restrictions as set forth in paragraphs (1) - (5) of this subsection:      
        (1) current certification by the NBRC or such other certifying body acceptable to the board;       
        (2) completion of approved continuing education in topics specified by the advisory board;       
        (3) limitation and/or exclusion of the practice of the applicant to specified activities of the practice as a respiratory care practitioner;       
        (4) remedial education; and/or       
        (5) such other remedial or restrictive conditions or requirements which, in the discretion of the advisory board, are necessary to ensure protection of the public and minimal competency of the applicant to safely practice as a respiratory care practitioner.       
      (f) After five years on inactive status, the certificate shall be canceled as if by request. The respiratory care practitioner may obtain a new certificate by complying with the requirements and procedures for obtaining an original certificate.     
     Source Note:        The provisions of this §186.8 adopted to be effective April 3, 2017, 42 TexReg 1758; amended to be effective April 15, 2018, 43 TexReg 2147