Pennsylvania Act 2004-55 — MEDICAL PRACTICE ACT OF 1985 - RESPIRATORY CARE PRACTITIONERS AND CONTINUING RESPIRATORY CARE EDUCATION

Act text

MEDICAL PRACTICE ACT OF 1985 - RESPIRATORY CARE PRACTITIONERS AND
                  CONTINUING RESPIRATORY CARE EDUCATION
                  Act of Jul. 2, 2004, P.L. 484, No. 55               Cl. 63
                             Session of 2004
                               No. 2004-55

     SB 751

                                  AN ACT

     Amending the act of December 20, 1985 (P.L.457, No.112),
        entitled "An act relating to the right to practice medicine
        and surgery and the right to practice medically related acts;
        reestablishing the State Board of Medical Education and
        Licensure as the State Board of Medicine and providing for
        its composition, powers and duties; providing for the
        issuance of licenses and certificates and the suspension and
        revocation of licenses and certificates; providing penalties;
        and making repeals," further providing for respiratory care
        practitioners; and providing for continuing respiratory care
        education.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 36.1(b) of act of December 20, 1985
     (P.L.457, No.112), known as the Medical Practice Act of 1985,
     added July 2, 1993 (P.L.424, No.60), is amended and the section
     is amended by adding a subsection to read:
      Section 36.1.  Respiratory care practitioner certificates and
                    permits.
        * * *
        (b)  Temporary permits.--[Twelve months after the effective
     date of this section, the] The board shall issue temporary
     permits for the practice of respiratory care to individuals who
     have applied for certification from the board and who meet any
     of the following requirements:
            (1)  Graduation from an accredited respiratory care
        training program recognized by the board.
            (2)  Enrollment in an accredited respiratory care
        training program recognized by the board, if the individual
        is expected to graduate within 30 days from the date of
        application.
            (3)  Designation as a "Certified Respiratory [Therapy
        Technician] Therapist" or a "Registered Respiratory
        Therapist" by a nationally recognized credentialing agency
        approved by the board.
            (4)  Continuous provision of respiratory care services
        for a minimum of 12 months immediately preceding the
        effective date of this section.
            (5)  Holding certification, licensure or registration as
        a respiratory care practitioner issued by another state, the
        District of Columbia or a territory of the United States,
        where the requirements for licensure, registration or
        certification are substantially similar to those required by
        the board.
        * * *
        (f)  Continuing education.--
            (1)  The board shall adopt, promulgate and enforce rules
        and regulations consistent with the provisions of this act
        establishing requirements of continuing education to be met
        by individuals holding certification as respiratory care
        practitioners under this act as a condition for certificate
        renewal. The regulations shall include any fees necessary for
        the board to carry out its responsibilities under this
        section.
            (2)  Beginning with the license period designated by
        regulation, certificate holders shall be required to attend
        and complete 20 hours of mandatory continuing education
        during each two-year certificate period.
            (3)  An individual applying for the first time for
        certification in this Commonwealth shall be exempted from the
        continuing education requirement for the biennial renewal
        period following initial certification.
            (4)  The board may waive all or a portion of the
        continuing education requirement for biennial renewal for a
        certificate holder who shows to the satisfaction of the board
        that he or she was unable to complete the requirements due to
        serious illness, military service or other demonstrated
        hardship. The request shall be made in writing, with
        appropriate documentation, and shall include a description of
        circumstances sufficient to show why the certificate holder
        is unable to comply with the continuing education
        requirement. Waiver requests shall be evaluated by the board
        on a case-by-case basis. The board shall send the certificate
        holder written notification of its approval or denial of a
        waiver request.
            (5)  A certificate holder seeking to reinstate an
        inactive or lapsed certificate shall show proof of compliance
        with the continuing education requirement for the preceding
        biennium.
            (6)  All courses, locations, instructors and providers
        shall be approved by the board. No credit shall be given for
        any course in office management.
            (7)  The board shall initiate the promulgation of
        regulations to carry out the provisions of this section
        within one year of the effective date of this section.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 2nd day of July, A. D. 2004.

     EDWARD G. RENDELL