PROPOSED RULEMAKING
STATE BOARD OF MEDICINE
[49 PA. CODE CH. 18]
Respiratory Care Continuing Education
[35 Pa.B. 5520] The State Board of Medicine (Board) proposes to amend §§ 18.302 and 18.309 (relating to definitions; and renewal of certification) and add §§ 18.309a and 18.309b (relating to requirement of continuing education; and approved educational programs) to read as set forth in Annex A.
A. Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin. The completion of continuing education hours will be required to renew a certification as a respiratory care practitioner beginning with the January 1, 2007, biennial renewal.
B. Statutory Authority
The proposed rulemaking implements the act of July 2, 2004 (No. 55, P. L. 484) (Act 55), which directs the Board to adopt, promulgate and enforce regulations that establish requirements for continuing education to be met by individuals holding certification as respiratory care practitioners in this Commonwealth.
Disciplinary procedures for failure to comply would be addressed by way of amendments to § 16.61 (relating to unprofessional and immoral conduct) which will be proposed in the future as a part of the regulatory package for the implementation of the act of December 10, 2001 (No. 92, P. L. 859), which authorizes the Board to promulgate regulations that define the certification, circumstances and protocol under which a certified athletic trainer may perform athletic training services and define the supervision and personal direction required by the standards of acceptable medical practice embraced by the medical doctor community in this Commonwealth.
C. Background and Purpose
Act 55, which became effective August 31, 2004, amended the Medical Practice Act of 1985 (act) (63 P. S. §§ 422.1--422.51a) by adding section 36.1(f) of the act (63 P. S. § 436.1(f)) to provide for the continuing education of respiratory care practitioners. The Board now proposes these amendments to establish requirements for continuing education for respiratory care practitioners.
D. Description of Proposed Rulemaking
Section 18.302 would be amended to set forth acronyms used in the proposed amendments for Nationally recognized organizations that provide and certify courses and programs in respiratory therapy.
Section 18.309 would be amended to reflect the requirement for continuing education in § 18.309a.
Section 18.309a would set forth the requirement of continuing education. This section requires attendance at and completion of 20 credit hours each biennial cycle for renewal or reactivation of licensure. There is also provision for exemptions and waivers. Section 18.309b would designate Nationally recognized providers of respiratory care training as the approved providers for and certifiers of the continuing education credits.
E. Fiscal Impact and Paperwork Requirements
The proposed rulemaking will have no quantifiable adverse fiscal impact on the Commonwealth or its political subdivisions.
F. Sunset Date
The Board continuously monitors the effectiveness of its regulations. Therefore, no sunset date has been assigned.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act, (71 P. S. § 745.5(a)), on September 26, 2005, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly, and the Governor of comments, recommendations or objections raised.
H. Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding the proposed rulemaking to Sabina I. Howell, Board Counsel, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of the proposed rulemaking in the Pennsylvania Bulletin.
CHARLES D. HUMMER, Jr., M.D.,
ChairpersonFiscal Note: 16A-4921. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 18. STATE BOARD OF MEDICINE
Subchapter F. RESPIRATORY CARE PRACTITIONERS § 18.302. Definitions.
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 and approves continuing professional development programs.
AMA--American Medical Association, an organization which provides and approves continuing professional development programs.
AOA--American Osteopathic Association, an organization which provides and approves continuing professional development programs.
* * * * * CSRT--Canadian Society of Respiratory Therapists, an organization which provides and approves continuing professional development programs.
* * * * * § 18.309. Renewal of certification.
* * * * * (c) To retain the right to engage in practice, the certificateholder shall renew certification in the manner prescribed by the Board, complete the continuing education requirement as set forth in § 18.309a (relating to requirement of continuing education) and pay the required fee prior to the expiration of the next biennium.
* * * * * § 18.309a. Requirement of continuing education.
The following continuing education requirements shall be completed each biennial cycle, commencing with the biennial period ending December 31, 2006:
(1) An applicant for biennial renewal or reactivation of certification is required to complete, during the 2 years preceding the application for renewal or reactivation, a minimum of 20 hours of continuing education as set forth in section 36.1(f)(2) of the act (63 P. S. § 422.36.1(f)).
(2) A certificateholder is exempt from the continuing education requirement for the first biennial renewal period subsequent to initial certification.
(3) The Board may waive the requirements of continuing education in cases of serious illness, or other demonstrated 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 Board will grant, deny or grant in part the request for waiver and will send the certificateholder written notification of its approval or denial in whole or in part of the 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.
(4) A licensee shall maintain the information and documentation supporting completion of the hours of continuing education required, or the waiver granted, for at least 2 years from the commencement of the biennial renewal period to which the continuing education or waiver applies.
§ 18.309b. Approved educational courses.
(a) The Board approves respiratory care continuing education programs designated for professional development credits by the AARC, the AMA, the AOA and the CSRT. The courses, locations and instructors provided by these organizations for continuing education in respiratory care are deemed approved by the Board. Qualifying AMA continuing education programs shall be in AMA PRA Category I as defined in § 16.1 (relating to definitions) and qualifying AOA continuing education programs shall be in Category 1A and 1B.
(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 is also approved for continuing education credit by the Board. Proof of completion of the academic credits shall be submitted to the Board for determination of number of credits completed.
(c) The Board will not accept courses of study which do not relate to the clinical aspects of respiratory care, such as studies in office management and financial procedures.
[Pa.B. Doc. No. 05-1852. Filed for public inspection October 7, 2005, 9:00 a.m.]
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