| (a) Except as specifically exempted by subsection (b) of this section, the provisions of the Act and this chapter apply to any person representing that he or she practices or provides respiratory care services. (b) This section does not prohibit: (1) the practice of respiratory care that is 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 an individual who holds a certificate issued under this Act, if such a person does not perform an invasive procedure related to critical respiratory care, including therapeutic, diagnostic, or palliative procedures as part of the person's employment and if the 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 gratuitous care of the ill by a friend or member of the family or care provided in an emergency situation by a person who does not claim to be a respiratory care practitioner who holds a temporary permit or certificate issued under the provisions of the Act; (4) a respiratory care practitioner from performing advances in the art and techniques of respiratory care, as defined in the Act and in §140.202 of this title (relating to Definitions), learned through formal or specialized training; (5) the practice of respiratory care by health care personnel who have been formally trained in the care being provided and who are: (A) licensed under the practice acts regulating their professions; or (B) acting under the delegated authority of a physician licensed by the Texas Medical Board; (6) the practice of any legally qualified respiratory care practitioner employed by the United States government while in the discharge of official duties; or (7) any person who is licensed, registered, or certified under another law of this state from engaging in the profession or occupation for which the person is licensed, registered, or certified. (c) Student status. (1) Students who are not enrolled in the clinical portion or have not completed the clinical portion of their respiratory care education program within the preceding 12 months may not be employed by a health care facility to provide limited respiratory care services unless they hold a temporary permit. (2) Students in a nontraditional accredited respiratory care education program may be considered as being engaged in the clinical portion of their education program during its entire duration. For the purposes of this section nontraditional shall mean those respiratory care education programs recognized as nontraditional education systems by the Committee on Accreditation for Respiratory Care or its successor organization. (3) A clinical student who is employed by any health care facility, agency or organization to provide limited respiratory care services should provide his or her employer, on a semi-annual basis, verification that he or she is a bona fide student in an approved respiratory care education program. Acceptable verification shall be a letter on program letterhead with the original signature of the program director attesting to the student's bona fide status as an active student in the clinical portion of that program or that the student has completed the clinical portion of the course within the preceding 12 months and is actively pursing a course of study leading to graduation from the program. (4) Limited respiratory care services provided by an employed clinical student must be supervised by a practitioner certified under this Act. Students may not perform invasive procedures related to critical respiratory care. (5) Students who are within 30 days of graduation may apply to the department for a temporary permit in accordance with §140.206 of this title (relating to Application Requirements and Procedures). A person who holds a temporary permit may perform any and all respiratory care procedures which he or she has been trained to perform. (d) All persons who apply to become certified or permitted as a practitioner, all persons who believe they are exempt under the Act and this chapter, and all other persons who are interested in practicing respiratory care need to be aware that: (1) the penalty provisions under the Texas Occupations Code §604.351, state that a person who commits an offense if the person knowingly violates a provision of the Act and commits a Class B misdemeanor; and (2) 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 use in connection with the person's practice or employment the words "respiratory care," "respiratory therapist," "respiratory care practitioner," "certified respiratory care practitioner," or the letters "RCP," or any other words, letters, abbreviations, or insignia indicating or implying that the person is a respiratory care practitioner. |
