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RULE §140.206Application Requirements and Procedures

(a) General.

  (1) Unless otherwise indicated, an applicant must submit all required information and documentation of credentials on official department forms.

  (2) The department shall not consider an application as officially submitted until the applicant pays the application fee and the fee clears the appropriate financial institution. The fee must accompany the application form.

  (3) The administrator shall send a notice listing the additional materials required to an applicant who does not complete the application in a timely manner. An application not completed within 30 days after the date of the notice shall be invalid.

(b) Required application materials.

  (1) Application form. The application form shall contain:

    (A) specific information regarding personal data, social security number, birth month and day, place of employment, other state licenses and certifications held, misdemeanor and felony convictions, educational and training background, and work experience;

    (B) a statement that the applicant has read the Act and these sections and agrees to abide by them;

    (C) the applicant's permission to the department to seek any information or references it deems fit to determine the applicant's qualifications;

    (D) a statement that the applicant, if issued a certificate or temporary permit, shall return the certificate or temporary permit and identification card(s) to the department upon the revocation or suspension of the certificate or temporary permit;

    (E) a statement that the applicant understands that fees submitted are nonrefundable;

    (F) a statement that the applicant understands that materials submitted become the property of the department and are nonreturnable (unless prior arrangements have been made);

    (G) a statement that the information in the application is truthful and that the applicant understands that providing false information of any kind may result in the voiding of the application and failure to be granted a certificate or permit, or the revocation of a certificate or permit issued;

    (H) a statement that if issued a certificate or permit the practitioner shall keep the department advised of his or her current mailing address; and

    (I) the signature of the applicant which has been dated.

  (2) Educational record for regular certification. The department shall issue a regular certificate to an applicant who is currently credentialed by the National Board for Respiratory Care (NBRC) and nationally certified as a Certified Respiratory Therapist (CRT), or a Registered Respiratory Therapist (RRT) upon payment of the application fee, submission of the application forms and approval by the department.

  (3) Education record for temporary permit. Individuals applying for a temporary permit who do not meet the requirements of subsection (b) of this section shall provide the following documents to the department.

    (A) An expected graduation statement, including the expected date of graduation, signed by the respiratory care program director at the school.

    (B) Within 30 days following the expected date of graduation, the applicant must provide to the department:

      (i) a copy of the certificate of completion; or

      (ii) a statement signed by the program director indicating that the applicant officially completed the program but the certificate is not available within 30 days of the completion date.

  (4) Examination results.

    (A) If the applicant is making application for a temporary permit, an examination score release form shall be signed allowing the department to obtain the applicant's examination results from the NBRC, or other agency administering the examination prescribed by the department.

    (B) If an applicant for a regular certificate is:

      (i) recognized as a certified respiratory therapist or registered respiratory therapist by the NBRC at the time of application, a photocopy of the certificate issued by NBRC shall be submitted in lieu of examination results; or

      (ii) unable to show proof of successful completion or otherwise provide documentation acceptable to the department of the applicant's examination results, the application shall be disapproved.

  (5) Documentation of prior employment/experience. Persons applying for any certificate or permit who are not recognized as a certified respiratory therapist or registered respiratory therapist by the NBRC and who are licensed, registered, or otherwise regulated in another state, territory, or country at the time of application must submit with their applications documentation of their employment/experience statement signed by their medical director attesting that the applicant is currently practicing, or has practiced respiratory care within the 12-month period immediately preceding application to the department.

(c) Information on other licenses held. Persons applying for any certificate or permit who are licensed, registered, or otherwise regulated in any profession at the time of application to the department must submit with their applications proof of good standing signed by an agency official.

(d) Application processing.

  (1) Time periods. The department shall comply with the following procedures in processing applications for a permit or certificate.

    (A) The following periods of time shall apply from the date of receipt of an application until the date of issuance of a written notice that the application is complete and accepted for filing or that the application is deficient and additional specific information is required. A written notice stating that the application has been approved may be sent in lieu of the notice of acceptance of a complete application. The time periods are as follows:

      (i) letter of acceptance of application for permit or certification--14 working days. The notice of acceptance may include a statement that an application for temporary permit received more than 30 days from the date of the applicant's graduation will be held pending until the applicant is within 30 days of graduation; and

      (ii) letter of application deficiency--14 working days.

    (B) The following periods of time shall apply from the receipt of the last item necessary to complete the application until the date of issuance of written notice approving or denying the application. The time periods for denial include notification of the proposed decision and of the opportunity, if required, to show compliance with the law, and of the opportunity for a formal hearing. The time periods are as follows:

      (i) letter of approval--14 working days; and

      (ii) letter of denial of permit or certificate--90 working days.

  (2) Reimbursement of fees.

    (A) In the event an application is not processed in the time periods stated in paragraph (1) of this subsection, the applicant has the right to request reimbursement of all fees paid in that particular application process. Requests for reimbursement shall be made to the department. If the department does not agree that the time period has been violated or finds that good cause existed for exceeding the time period, the request will be denied.

    (B) Good cause for exceeding the time period is considered to exist if the number of applications for licensure and licensure renewal exceeds by 15% or more the number of applications processed in the same calendar quarter the preceding year, another public or private entity relied upon by the department in the application process caused the delay, or any other condition exists giving the department good cause for exceeding the time period.

  (3) Contested cases. The time periods for contested cases related to the denial of licensure renewals are not included with the time periods stated in paragraph (1) of this subsection. The time period for conducting a contested case hearing runs from the date the department receives a written request for a hearing and ends when the decision of the department is final and appealable.

(e) Application approval.

  (1) The department shall be responsible for reviewing all applications.

  (2) The department shall approve all applications which are in compliance with subsections (a) - (c) of this section and which properly document applicant eligibility, unless the application is disapproved under the provisions of subsection (f) of this section.

(f) Disapproved applications. The department shall disapprove the application if the person:

  (1) has not completed the requirements in subsection (b) of this section;

  (2) has failed to pass the examination as set out in §140.208 of this title (relating to Examination) during the period for which the temporary certificate, or temporary permit was valid, if applicable;

  (3) has failed to remit any applicable fees required in §140.204 of this title (relating to Fees);

  (4) has failed or refused to properly complete or submit any application form(s) or endorsement(s), or presented false information on the application form, or any other form or document required by the department to verify the applicant's qualifications;

  (5) has been in violation of the Act, §140.214 of this title (relating to Violations, Complaints, and Subsequent Actions), the code of ethics as set out in §140.212 of this title (relating to Professional and Ethical Standards), or any other applicable provision of this chapter;

  (6) has been convicted of a felony or misdemeanor, if the crime directly relates to the duties and responsibilities of a respiratory care practitioner as set out in §140.213 of this title (relating to Certifying or Permitting Persons with Criminal Backgrounds to be Respiratory Care Practitioners);

  (7) holds a license, certification, or registration to practice respiratory care in another state or jurisdiction and that license, certification, or registration has been suspended, revoked, or otherwise restricted by the licensing entity in that state or jurisdiction for reasons to the person's professional competence or conduct which could adversely affect the health and welfare of a patient;

  (8) is not currently practicing, or has not practiced within the 12-month period preceding the date of application, respiratory care, as set out in §140.207(d)(1)(B) of this title (relating to Types of Certificates and Temporary Permits and Applicant Eligibility); or

  (9) has submitted a copy of a National Board for Respiratory Care, Inc. (NBRC) certificate in lieu of examination results in accordance with subsection (b)(4)(B)(i) of this section, but is not recognized by the NBRC as a certified respiratory therapist or registered respiratory therapist.

(g) Application Denial. The department shall deny renewal if required by the Education Code, §57.491 (relating to Defaults on Guaranteed Student Loans).

  (1) If after review the department determines that the application should not be approved, the department shall give the applicant written notice of the reason for the proposed decision and of the opportunity for a formal hearing. The formal hearing shall be conducted according to the Administrative Procedure Act, Texas Government Code Chapter 2001, et seq. Within 10 days after receipt of the written notice, the applicant shall give written notice to the department that the applicant either waives the hearing, or wants the hearing. Receipt of the written notice is deemed to occur on the tenth day after the notice is mailed unless another date of receipt is reflected on a United States Postal Service return receipt. If the applicant fails to respond within 10 days after receipt of the notice of opportunity, or if the applicant notifies the department that the hearing be waived, the applicant is deemed to have waived the hearing. If the hearing has been waived, the department shall disapprove the application.

  (2) An applicant whose application has been disapproved under subsection (f)(5) and (6) of this section shall be permitted to reapply after a period of not less than one year from the date of the disapproval and shall submit with the reapplication proof satisfactory to the department of compliance with all rules of the department and the provisions of the Act in effect at the time of reapplication. The date of disapproval is the effective date of a disapproval order signed by the commissioner of the Department of State Health Services or the commissioner's designee.

Source Note: The provisions of this §140.206 adopted to be effective December 16, 2007, 32 TexReg 9131

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