Subchapter F. RESPIRATORY THERAPISTS
Sec.
18.301. Purpose.
18.302. Definitions.
18.303. [Reserved].
18.304. Licensure of respiratory therapists; practice; exceptions.
18.305. Functions of respiratory therapists.
18.306. Temporary permits.
18.307. Criteria for licensure as a respiratory therapist.
18.308. Change of name or address.
18.309. Renewal of licensure.
18.309a. Requirement of continuing education.
18.309b. Approved educational courses.
18.310. Inactive status.
Authority The provisions of this Subchapter F issued under sections 13.1(c) and 36.1 of the Medical Practice Act of 1985 (63 P. S. § § 422.13a and 422.36a); and sections 10.1(c) and 10.2 of the Osteopathic Medical Practice Act (63 P. S. § § 271.10a(c) and 271.10b), unless otherwise noted.
Source The provisions of this Subchapter F adopted November 15, 1996, effective November 16, 1996, 26 Pa.B. 5641, unless noted.
§ 18.301. Purpose.
This subchapter implements sections 13.1 and 36.1 of the act (63 P. S. § § 422.13a and 422.36a), which were added by section 3 of the act of July 2, 1993 (P. L. 424, No. 60) to provide for the licensure of respiratory therapists.
Authority The provisions of this § 18.301 amended under sections 8, 8.1, 13(c) and 13.1(c) of the Medical Practice Act of 1985 (63 P. S. § § 422.8, 422.8a, 422.13(c) and 422.13a(c)).
Source The provisions of this § 18.301 amended January 31, 2014, effective February 1, 2014, 44 Pa.B. 583. Immediately preceding text appears at serial page (360896).
§ 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.
Act—The Medical Practice Act of 1985 (63 P. S. § § 422.1—422.5(a)).
CoARC—The Committee on Accreditation for Respiratory Care, an organization which accredits respiratory care programs.
CSRT—Canadian Society of Respiratory Therapists, an organization which provides and approves continuing professional development programs.
Continuing education hour—Fifty minutes of continuing education.
NBRC—The National Board for Respiratory Care, the agency recognized by the Board to credential respiratory therapists.
Practice building—Marketing or any other activity that has as its primary purpose increasing the business volume or revenue of a licensee or the licensee’s employer.
Respiratory therapist—A person who has been licensed in accordance with the act and this subchapter.
Authority The provisions of this § 18.302 amended under sections 8, 8.1, 13(c) and 13.1(c) of the Medical Practice Act of 1985 (63 P. S. § § 422.8, 422.8a, 422.13(c) and 422.13a(c)).
Source The provisions of this § 18.302 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4466; amended January 31, 2014, effective February 1, 2014, 44 Pa.B. 583. Immediately preceding text appears at serial page (360896).
§ 18.303. [Reserved].
Source The provisions of this § 18.303 reserved January 11, 2002, effective January 12, 2002, 32 Pa.B. 249. Immediately preceding text appears at serial pages (222943) to (222944).
§ 18.304. Licensure of respiratory therapists; practice; exceptions.
(a) A person may not practice or hold himself out as being able to practice as a respiratory therapist in this Commonwealth unless the person holds a valid, current temporary permit or license issued by the Board, or the State Board of Osteopathic Medicine under Chapter 25 (relating to State Board of Osteopathic Medicine), or is exempted under section 13.1(e) of the act (63 P. S. § 422.13a(e)) or section 10.1(e) of the Osteopathic Medical Practice Act (63 P. S. § 271.10a(e)).
(b) A person may not use the words ‘‘licensed respiratory therapist’’ or ‘‘respiratory care practitioner,’’ the letters ‘‘LRT,’’ ‘‘RT’’ or ‘‘RCP’’ or similar words and related abbreviations to imply that respiratory care services are being provided, unless the services are provided by a respiratory therapist who holds a valid, current temporary permit or license issued by the Board or the State Board of Osteopathic Medicine and only while working under the supervision of a licensed physician.
Authority The provisions of this § 18.304 amended under sections 8, 8.1, 13(c) and 13.1(c) of the Medical Practice Act of 1985 (63 P. S. § § 422.8, 422.8a, 422.13(c) and 422.13a(c)).
Source The provisions of this § 18.304 amended January 31, 2014, effective February 1, 2014, 44 Pa.B. 583. Immediately preceding text appears at serial page (323443).
§ 18.305. Functions of respiratory therapists.
(a) Under section 13.1(d) of the act (63 P. S. § 422.13a(d)), a respiratory therapist may implement direct respiratory care to an individual being treated by either a licensed medical doctor or a licensed doctor of osteopathic medicine, upon prescription or referral by a physician, certified registered nurse practitioner or physician assistant, 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.
(b) Under section 13.1(d) of the act, a respiratory therapist may perform the activities listed in subsection (a) only upon prescription or referral by a physician, certified registered nurse practitioner or physician assistant, or while under medical direction consistent with standing orders or protocols in an institution or health care facility.
Authority The provisions of this § 18.305 amended under sections 8, 8.1, 13(c) and 13.1(c) of the Medical Practice Act of 1985 (63 P. S. § § 422.8, 422.8a, 422.13(c) and 422.13a(c)).
Source The provisions of this § 18.305 amended January 31, 2014, effective February 1, 2014, 44 Pa.B. 583. Immediately preceding text appears at serial pages (323443) to (323444).
§ 18.306. Temporary permits.
(a) A temporary permit will be issued to an applicant, who is not yet a licensee, 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 CoARC.
(2) Is enrolled in a respiratory care program approved by the CoARC and expects to graduate within 30 days of the date of application to the Board for a temporary permit.
(3) Meets all applicable requirements and is recognized as a credentialed respiratory therapist by the NBRC.
(b) A temporary permit is valid for 12 months and for an additional period as the Board may, in each case, specially determine except that a temporary permit expires if the holder fails the entry level credentialing examination. An applicant who fails the entry level credentialing examination may apply to retake it.
Authority The provisions of this § 18.306 amended under sections 8, 8.1, 13(c) and 13.1(c) of the Medical Practice Act of 1985 (63 P.S. § § 422.8, 422.8a, 422.13(c) and 422.13a(c)).
Source The provisions of this § 18.306 amended January 31, 2014, effective February 1, 2014, 44 Pa.B. 583. Immediately preceding text appears at serial page (323444).
§ 18.307. Criteria for licensure as a respiratory therapist.
The Board will approve for licensure as a respiratory therapist 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 CoARC and passed the entry level credentialing examination as determined by the NBRC.
(ii) Holds a valid license, certificate or registration as a respiratory therapist 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.
(2) Has paid the appropriate fee in a form acceptable to the Board.
(3) Has completed at least 3 hours of approved training in child abuse recognition and reporting in accordance with § 16.108(a) (relating to child abuse recognition and reporting—mandatory training requirement).
Authority The provisions of this § 18.307 amended under sections 8, 8.1, 13(c) and 13.1(c) of the Medical Practice Act of 1985 (63 P.S. § § 422.8, 422.8a, 422.13(c) and 422.13a(c)); and 23 Pa.C.S. § 6383(b)(2).
Source The provisions of this § 18.307 amended January 31, 2014, effective February 1, 2014, 44 Pa.B. 583; amended March 25, 2022, effective March 26, 2022, 52 Pa.B. 1899. Immediately preceding text appears at serial page (370221).
§ 18.308. Change of name or address.
A licensee shall inform the Board in writing within 10 days of a change of name or mailing address.
Authority The provisions of this § 18.308 amended under sections 8, 8.1, 13(c) and 13.1(c) of the Medical Practice Act of 1985 (63 P.S. § § 422.8, 422.8a, 422.13(c) and 422.13a(c)).
Source The provisions of this § 18.308 amended January 31, 2014, effective February 1, 2014, 44 Pa.B. 583. Immediately preceding text appears at serial page (323444).
§ 18.309. Renewal of licensure.
(a) A license 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 licensee shall renew licensure in the manner prescribed by the Board, complete the continuing education requirement set forth in § 18.309a (relating to requirement of continuing education) and pay the required fee prior to the expiration of the current biennium.
(d) When a license 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.
Authority The provisions of this § 18.309 amended under sections 8, 8.1, 13(c) and 13.1(c) of the Medical Practice Act of 1985 (63 P.S. § § 422.8, 422.8a, 422.13(c) and 422.13a(c)).
Source The provisions of this § 18.309 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4466; amended January 31, 2014, effective February 1, 2014, 44 Pa.B. 583. Immediately preceding text appears at serial page (323445).
§ 18.309a. Requirement of continuing education.
(a) The following continuing education requirements shall be completed each biennial cycle:
(1) An applicant for biennial renewal or reactivation of licensure is required to complete, during the 2 years preceding the application for renewal or reactivation, a minimum of 30 hours of continuing education as set forth in section 36.1(f)(2) of the act (63 P.S. § 422.36a(f)(2)).
(2) At least 10 continuing education hours shall be obtained through classroom lecture, clinical presentation, real-time web-cast or other live sessions where a presenter is involved.
(3) At least 10 continuing education hours shall be obtained through traditional continuing education such as classroom lecture, clinical presentation, real-time web-cast or other live sessions where a presenter is involved. To qualify for credit, the provider shall make available documented verification of completion of the course or program.
(4) One continuing education hour shall be completed in medical ethics, 1 continuing education hour shall be completed in patient safety and at least 2 hours shall be completed in child abuse recognition and reporting in accordance with § 16.108(b) (relating to child abuse recognition and reporting—mandatory training requirement).
(5) Credit will not be given for continuing education in basic life support, including basic cardiac life support and cardiopulmonary resuscitation. In any given biennial renewal period, a licensee may receive credit for no more than 8 continuing education hours in advanced life support, including advanced cardiac life support, neonatal advanced life support/neonatal resuscitation and pediatric advanced life support.
(6) A licensee will not receive continuing education credit for participating in a continuing education activity with objectives and content identical to those of another continuing education activity within the same biennial renewal period for which credit was granted.
(b) An individual applying for the first time for licensure in this Commonwealth is exempt from completing the continuing education requirements during the initial biennial renewal period in which the license is issued.
(c) The Board may waive all or a portion of the requirements of continuing education in cases of serious illness, other demonstrated hardship or military service. It shall be the duty of each licensee 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 licensee 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 licensee written notification of its approval or denial in whole or in part of the request. A licensee who requests a waiver may not practice as a respiratory therapist after the expiration of the licensee’s current license until the Board grants the waiver request.
(d) 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 after the conclusion of the biennial renewal period to which the continuing education or waiver applies, the date of completion of the continuing education or grant of the waiver, whichever is latest, and provide the information and documentation to representatives of the Board upon request.
Authority The provisions of this § 18.309a amended under sections 8, 8.1, 13(c) and 13.1(c) of the Medical Practice Act of 1985 (63 P.S. § § 422.8, 422.8a, 422.13(c) and 422.13a(c)); and 23 Pa.C.S. § 6383(b)(2).
Source The provisions of this § 18.309a adopted August 11, 2006, effective August 12, 2006, 36 Pa.B. 4466; amended January 31, 2014, effective February 1, 2014, 44 Pa.B. 583; amended March 25, 2022, effective March 26, 2022, 52 Pa.B. 1899. Immediately preceding text appears at serial pages (370222) to (370223).
Cross References This section cited in 49 Pa. Code § 18.309 (relating to renewal of licensure).
§ 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. Advanced course work is any course work beyond the academic requirements necessary for licensure as a respiratory therapist. Proof of completion of the academic credits shall be submitted to the Board for determination of number of continuing education hours 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 or practice building.
Authority The provisions of this § 18.309b amended under sections 8, 8.1, 13(c) and 13.1(c) of the Medical Practice Act of 1985 (63 P.S. § § 422.8, 422.8a, 422.13(c) and 422.13a(c)).
Source The provisions of this § 18.309b adopted August 11, 2006, effective August 12, 2006, 36 Pa.B. 4466; amended January 31, 2014, effective February 1, 2014, 44 Pa.B. 583. Immediately preceding text appears at serial page (323446).
§ 18.310. Inactive status.
(a) A licensee who does not intend to practice in this Commonwealth and who does not desire to renew licensure shall inform the Board in writing. Written confirmation of inactive status will be forwarded to the licensee.
(b) A licensee shall notify the Board, in writing, of the licensee’s desire to reactivate the license.
(c) A licensee 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 licensee 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.
Authority The provisions of this § 18.310 amended under sections 8, 8.1, 13(c) and 13.1(c) of the Medical Practice Act of 1985 (63 P.S. § § 422.8, 422.8a, 422.13(c) and 422.13a(c)).
Source The provisions of this § 18.310 amended January 31, 2014, effective February 1, 2014, 44 Pa.B. 583. Immediately preceding text appears at serial page (366377).
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