Subchapter K. RESPIRATORY CARE PRACTITIONERS

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   AARC—American Association for Respiratory Care, an organization which provides continuing professional development programs.

   AMA—American Medical Association, an organization which provides continuing professional development programs.

   AOA—American Osteopathic Association, an organization which provides continuing professional development programs.

   Act—The Osteopathic Medical Practice Act (63 P. S. § §  271.1—271.18).

   CRTT—The Certification Examination For Entry Level Respiratory Therapy Practitioners, a National uniform examination developed and administered by the NBRC for certified respiratory care therapy practitioners.

   CSRT—Canadian Society of Respiratory Therapists, an organization which provides continuing professional development programs.

   JRCRTE—The Joint Review Committee on Respiratory Therapy Education, which accredits respiratory care programs.

   NBRC—The National Board for Respiratory Care, the agency recognized by the Board to certify respiratory care practitioners.

   Respiratory care practitioner—A person who has been certified in accordance with the act and this subchapter.

   The provisions of this §  25.502 amended under section 10.2(f) of the Osteopathic Medical Practice Act (63 P. S. §  271.10b(f)).

 The following is the schedule of fees charged by the Board:

   (1)  Temporary permit … $30

   (2)  Initial license application … $30

   (3)  Certification examination … $100

   (4)  Reexamination … $60

   (5)  Biennial renewal of certification … $25

 (a)  A person may not practice or hold himself out as being able to practice as a respiratory care practitioner in this Commonwealth unless the person holds a valid, current temporary permit or certificate issued by the Board, or the State Board of Medicine under Chapter 18 (relating to State Board of Medicine—practitioners other than medical doctors) or is exempted under section 10.1(e) of the act (63 P. S. § §  271.10a(e)) or section 13.1(e) of the Medical Practice Act of 1985 (63 P. S. §  422.13a(e)).

 (a)  Under section 10.1(d) of the act (63 P. S. §  271.10a(d)), a respiratory care practitioner may implement direct respiratory care to an individual being treated by either a licensed medical doctor or a licensed doctor of osteopathic medicine, upon physician prescription or referral, or under medical direction and approval consistent with standing orders or protocols of an institution or health care facility. This care may constitute indirect services such as consultation or evaluation of an individual and also includes, but is not limited to, the following services:

   (1)  Administration of medical gases.

   (2)  Humidity and aerosol therapy.

   (3)  Administration of aerosolized medications.

   (4)  Intermittent positive pressure breathing.

   (5)  Incentive spirometry.

   (6)  Bronchopulmonary hygiene.

   (7)  Management and maintenance of natural airways.

   (8)  Maintenance and insertion of artificial airways.

   (9)  Cardiopulmonary rehabilitation.

   (10)  Management and maintenance of mechanical ventilation.

   (11)  Measurement of ventilatory flows, volumes and pressures.

   (12)  Analysis of ventilatory gases and blood gases.

 (a)  A temporary permit will be issued to an applicant who submits evidence satisfactory to the Board, on forms supplied by the Board, that the applicant has met one or more of the following criteria:

   (1)  Has graduated from a respiratory care program approved by the JRCRTE.

   (2)  Is enrolled in a respiratory care program approved by the JRCRTE and expects to graduate within 30 days of the date of application to the Board for a temporary permit.

   (3)  Has continuously provided respiratory care services for a minimum of 12 months immediately preceding December 28, 1993.

 The Board will approve for certification as a respiratory care practitioner an applicant who:

   (1)  Submits evidence satisfactory to the Board, on forms supplied by the Board, that the applicant has met one or more of the following criteria:

     (i)   Has graduated from a respiratory care program approved by the JRCRTE and passed the CRTT as determined by the NBRC.

     (ii)   Has been credentialed as a Certified Respiratory Therapy Technician or Registered Respiratory Therapist by the NBRC.

     (iii)   Holds a valid license, certificate or registration as a respiratory care practitioner in another state, territory or the District of Columbia which has been issued based on requirements substantially the same as those required by the Commonwealth, including the examination requirement.

     (iv)   Has continuously provided respiratory care services for a minimum of 12 months immediately preceding December 28, 1993, and has passed the CRTT as determined by the NBRC.

 (a)  A certification issued under this subchapter expires on December 31 of every even-numbered year unless renewed for the next biennium.

 (b)  Biennial renewal forms and other forms and literature to be distributed by the Board will be forwarded to the last mailing address given to the Board.

 (c)  To retain the right to engage in practice, the certificateholder shall renew certification in the manner prescribed by the Board, pay the required fee and comply with the continuing education requirement of §  25.509a (relating to requirement of continuing education), prior to the expiration of the current biennium.

 (d)  When a certification is renewed after December 31 of an even-numbered year, a penalty fee of $5 for each month or part of a month of practice beyond the renewal date will be charged in addition to the renewal fee.

   The provisions of this §  25.509 amended under section 10.2(f) of the Osteopathic Medical Practice Act (63 P. S. §  271.10b(f)).

 (a)  Commencing with the biennial period January 1, 2007, through December 31, 2008, and each subsequent biennial period, an applicant for biennial renewal or reactivation of certification is required to complete a minimum of 20 hours of continuing education as set forth in section 10.2(f)(2) of the act (63 P. S. §  271.10b(f)(2)) subject to the following:

   (1)  No more than 10 credit hours may be completed in nontraditional continuing education such as prerecorded presentations, Internet-based presentations and journal review programs. To qualify, the provider shall make available documented verification of completion of the course or program.

   (2)  One hour each must be completed in medical ethics and in patient safety.

 (b)  An individual applying for the first time for certification in this Commonwealth is exempt from the continuing education requirement for the biennial renewal period following initial certification.

 (c)  The Board may waive all or a portion of the requirements of continuing education in cases of serious illness, undue hardship or military service. It shall be the duty of each certificateholder who seeks a waiver to notify the Board in writing and request the waiver prior to the end of the renewal period. The request must be made in writing, with appropriate documentation, and include a description of circumstances sufficient to show why the certificateholder is unable to comply with the continuing education requirement. The Board will grant, deny or grant in part the request for waiver and will send the certificateholder written notification of its approval or denial of the waiver request. A certificateholder who requests a waiver may not practice as a respiratory care practitioner after the expiration of the certificateholder’s current certificate until the Board grants the waiver request.

 (d)  A certificateholder shall maintain the information and documentation concerning compliance with the continuing education requirement or the waiver granted for a period of at least 2 years.

   The provisions of this §  25.509a issued under section 10.2(f) of the Osteopathic Medical Practice Act (63 P. S. §  271.10b(f)).

   The provisions of this §  25.509a adopted November 24, 2006, effective November 25, 2006, 36 Pa.B. 7137.

 (a)  The Board approves respiratory care continuing education programs designated for professional development credits by the AARC, the AMA, the AOA and the CSRT.

   (1)  Qualifying AMA continuing education programs must be in AMA PRA Category I credits, as defined in §  25.1 (relating to definitions).

   (2)  Qualifying AOA continuing education programs must be in Category I-A or I-B credits, as defined in §  25.1.

 (b)  Advanced course work in respiratory care successfully completed at a degree-granting institution of higher education approved by the United States Department of Education which offers academic credits are also approved for continuing education credit by the Board. Advanced course work is course work beyond the academic requirements necessary for certification as a respiratory care practitioner.

 (c)  The Board will not accept courses of study which do not relate to the actual provision of respiratory care. Examples of unacceptable courses are those in office management and financial procedures.

   The provisions of this §  25.509b issued under section 10.2(f) of the Osteopathic Medical Practice Act (63 P. S. §  271.10b(f)).

 (a)  A certificateholder who does not intend to practice in this Commonwealth and who does not desire to renew certification shall inform the Board in writing. Written confirmation of inactive status will be forwarded to the certificateholder.

 (b)  A certificateholder shall notify the Board, in writing, of his desire to reactivate the registration.

 (c) A certificateholder who is applying to return to active status is required to pay fees which are due for the current biennium and submit a sworn statement stating the period of time during which the certificateholder was not engaged in practice in this Commonwealth.

 (d)  The applicant for reactivation will not be assessed a fee or penalty for preceding biennial periods in which the applicant did not engage in practice in this Commonwealth.