1. (a) For a violation of this chapter or a rule adopted under this chapter, the advisory board may:

   1. (1) deny, suspend, suspend on an emergency basis, restrict, revoke, or refuse to renew a certificate or temporary permit;
   2. (2) place the certificate or permit holder on probation under conditions set by the advisory board; or
   3. (3) reprimand the certificate or permit holder.

2. (b) The advisory board shall take disciplinary action authorized under Subsection (a) if the advisory board determines that a person who holds a certificate or temporary permit:

   1. (1) is guilty of fraud or deceit in procuring, renewing, or attempting to procure a certificate or temporary permit;
   2. (2) is unfit or incompetent because of negligence or another cause of incompetency;
   3. (3) is addicted to or has improperly obtained, possessed, used, or distributed a habit-forming drug or narcotic or is habitually intemperate in the use of alcoholic beverages;
   4. (4) is guilty of dishonest or unethical conduct as determined by the advisory board;
   5. (5) has practiced respiratory care after the person's certificate or temporary permit has expired;
   6. (6) has practiced respiratory care under a certificate or temporary permit illegally or fraudulently obtained or issued;
   7. (7) has practiced respiratory care without the direction of a qualified medical director or other licensed physician;
   8. (8) has violated this chapter or aided or abetted another in violating this chapter; or

   9. (9) has violated:

      1. (A) a rule adopted under this chapter;
      2. (B) an order of the advisory board previously entered in a disciplinary proceeding; or
      3. (C) an order to comply with a subpoena issued under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.182, eff. September 1, 2015.