HF 1077

1st Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:28 p.m.

1.1A bill for an act 1.2relating to health occupation; licensing respiratory therapists;amending 1.3Minnesota Statutes 2008, sections 147C.01; 147C.05; 147C.10; 147C.15; 1.4147C.20; 147C.25; 147C.30; 147C.35; 147C.40. 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6    Section 1. Minnesota Statutes 2008, section 147C.01, is amended to read: 1.7147C.01 DEFINITIONS. 1.8    Subdivision 1. Applicability. The definitions in this section apply to this chapter. 1.9    Subd. 2. Advisory council. "Advisory council" means the Respiratory Care 1.10Practitioner Advisory Council established under section 147C.35. 1.11    Subd. 3. Approved education program. "Approved education program" means a 1.12university, college, or other postsecondary education program leading to eligibility for 1.13registry or certification in respiratory care, that, at the time the student completes the 1.14program, is accredited by a national accrediting organization approved by the board. 1.15    Subd. 4. Board. "Board" means the Board of Medical Practice or its designee. 1.16    Subd. 5. Contact hour. "Contact hour" means an instructional session of 50 1.17consecutive minutes, excluding coffee breaks, registration, meals without a speaker, and 1.18social activities. 1.19    Subd. 6. Credential. "Credential" means a license, permit, certification, registration, 1.20or other evidence of qualification or authorization to engage in respiratory care practice in 1.21this state or any other state. 1.22    Subd. 7. Credentialing examination. "Credentialing examination" means an 1.23examination administered by the National Board for Respiratory Care or other national 1.24testing organization approved by the board new text begin , its successor organization, or the Canadian new text end 2.1 new text begin Society for Respiratory Care new text end for credentialing as a certified respiratory therapy technician, 2.2registered respiratory therapist, or other title indicating an entry or advanced level 2.3respiratory care practitioner. 2.4    Subd. 8. Health care facility. "Health care facility" means a hospital as defined in 2.5section 144.50, subdivision 2, a medical facility as defined in section 144.561, subdivision 2.61 , paragraph (b), or a nursing home as defined in section 144A.01, subdivision 5, a 2.7long-term acute care facility, a subacute care facility, an outpatient clinic, a physician's 2.8office, new text begin a rehabilitation facility, new text end or a hospice. 2.9    Subd. 9. Qualified medical direction. "Qualified medical direction" means 2.10direction from a licensed physician who is on the staff or is a consultant of a health care 2.11facility or home care agency or home medical equipment provider and who has a special 2.12interest in and knowledge of the diagnosis and treatment of deficiencies, abnormalities, 2.13and diseases of the cardiopulmonary system. 2.14    Subd. 10. Respiratory care. "Respiratory care" means the provision of services 2.15described under section 147C.05 for the assessment, treatment, education, management, 2.16evaluation, and care of patients with deficiencies, abnormalities, and diseases of the 2.17cardiopulmonary system, under the guidance of qualified medical direction new text begin supervision of new text end 2.18 new text begin a physician new text end and pursuant to a referral new text begin , or verbal, written, or telecommunicated order new text end from 2.19a physician who has medical responsibility for the patient new text begin , nurse practitioner, or physician new text end 2.20 new text begin assistant new text end . It new text begin Respiratory care new text end includes new text begin , but is not limited to, new text end education pertaining to health 2.21promotion new text begin , new text end and disease prevention new text begin and management new text end , patient care, and treatment. 2.22    Sec. 2. Minnesota Statutes 2008, section 147C.05, is amended to read: 2.23147C.05 SCOPE OF PRACTICE. 2.24(a) The practice of respiratory care by a registered new text begin licensed new text end respiratory care 2.25practitioner new text begin therapist new text end includes, but is not limited to, the following services: 2.26(1) providing and monitoring therapeutic administration of medical gases, aerosols, 2.27humidification, and pharmacological agents related to respiratory care procedures, but not 2.28including administration of general anesthesia; 2.29(2) carrying out therapeutic application and monitoring of mechanical ventilatory 2.30support; 2.31(3) providing cardiopulmonary resuscitation and maintenance of natural airways and 2.32insertion and maintenance of artificial airways; 2.33(4) assessing and monitoring signs, symptoms, and general behavior relating to, and 2.34general physical response to, respiratory care treatment or evaluation for treatment and 3.1diagnostic testing, including determination of whether the signs, symptoms, reactions, 3.2behavior, or general response exhibit abnormal characteristics; 3.3(5) obtaining physiological specimens and interpreting physiological data including: 3.4(i) analyzing arterial and venous blood gases; 3.5(ii) assessing respiratory secretions; 3.6(iii) measuring ventilatory volumes, pressures, and flows; 3.7(iv) testing pulmonary function; 3.8(v) testing and studying the cardiopulmonary system; and 3.9(vi) diagnostic new text begin and therapeutic new text end testing of breathing patterns related to sleep disorders; 3.10(6) assisting hemodynamic monitoring and support of the cardiopulmonary system; 3.11(7) assessing and making suggestions for modifications in the treatment regimen 3.12based on abnormalities, protocols, or changes in patient response to respiratory care 3.13treatment; 3.14(8) providing cardiopulmonary rehabilitation including respiratory-care related 3.15educational components, postural drainage, chest physiotherapy, breathing exercises, 3.16aerosolized administration of medications, and equipment use and maintenance; 3.17(9) instructing patients and their families in techniques for the prevention, alleviation, 3.18and rehabilitation of deficiencies, abnormalities, and diseases of the cardiopulmonary 3.19system; and 3.20(10) transcribing and implementing new text begin verbal, written, or telecommunicated orders from new text end 3.21 new text begin a new text end physician new text begin , nurse practitioner, or physician assistant new text end orders for respiratory care services new text begin ; new text end 3.22 new text begin (11) tobacco cessation and prevention programs; and new text end 3.23 new text begin (12) disease management programs, including but not limited to, asthma and chronic new text end 3.24 new text begin obstructive pulmonary disease new text end . 3.25(b) Patient service by a practitioner must be limited to: 3.26(1) services within the training and experience of the practitioner; and 3.27(2) services within the parameters of the laws, rules, and standards of the facilities in 3.28which the respiratory care practitioner practices. 3.29(c) Respiratory care services provided by a registered respiratory care practitioner, 3.30whether delivered in a health care facility or the patient's residence, must not be provided 3.31except upon referral from a physician. 3.32 new text begin (b) This section does not prohibit a respiratory therapist from performing advances new text end 3.33 new text begin in the art and techniques of respiratory care learned through formal or specialized training new text end 3.34 new text begin as approved by the Respiratory Care Advisory Council. new text end 3.35(d) new text begin (c) new text end This section does not prohibit an individual licensed or registered new text begin credentialed new text end 3.36as a respiratory therapist in another state or country from providing respiratory care in an 4.1emergency in this state, providing respiratory care as a member of an organ harvesting 4.2team, or from providing respiratory care on board an ambulance as part of an ambulance 4.3treatment team. 4.4    Sec. 3. Minnesota Statutes 2008, section 147C.10, is amended to read: 4.5147C.10 new text begin UNLICENSED PRACTICE PROHIBITED; new text end PROTECTED TITLES 4.6AND RESTRICTIONS ON USE. 4.7    Subdivision 1. Protected titles. No individual may new text begin A person who does not hold new text end 4.8 new text begin a license or temporary permit under this chapter as a respiratory therapist or whose new text end 4.9 new text begin license or permit has lapsed, been suspended, or revoked may not new text end use the title "Minnesota 4.10registered new text begin licensed new text end respiratory care practitioner new text begin therapist new text end ," "registered new text begin licensed new text end respiratory 4.11care practitioner new text begin therapist new text end ," "respiratory care practitioner," "respiratory therapist," 4.12"respiratory therapy (or care) technician," "inhalation therapist," or "inhalation therapy 4.13technician," or use, in connection with the individual's name, the letters "RCP," new text begin "RT" or new text end 4.14 new text begin "LRT" new text end or any other titles, words, letters, abbreviations, or insignia indicating or implying 4.15that the individual is eligible for registration new text begin licensure new text end by the state as a respiratory care 4.16practitioner new text begin therapist new text end unless the individual has been registered new text begin licensed new text end as a respiratory 4.17care practitioner new text begin therapist new text end according to this chapter. 4.18     new text begin Subd. 1a. new text end new text begin Unlicensed practice prohibited. new text end new text begin No person shall practice respiratory new text end 4.19 new text begin care unless the person is licensed as a respiratory therapist under this chapter except new text end 4.20 new text begin as otherwise provided under this chapter. new text end 4.21    Subd. 2. Other health care practitioners. (a) Nonphysician individuals practicing 4.22in a health care occupation or profession are not restricted in the provision of services 4.23included in section , as long as they do not hold themselves out as respiratory care 4.24practitioners by or through the use of the titles provided in subdivision 1 in association 4.25with provision of these services. new text begin Nothing in this chapter shall prohibit the practice of any new text end 4.26 new text begin profession or occupation licensed or registered by the state by any person duly licensed or new text end 4.27 new text begin registered to practice the profession or occupation or to perform any act that falls within new text end 4.28 new text begin the scope of practice of the profession or occupation. new text end 4.29(b) Physician practitioners are exempt from this chapter. 4.30(c) Nothing in this chapter shall be construed to require registration of new text begin a respiratory new text end 4.31 new text begin care license for new text end : 4.32(1) a respiratory care practitioner student enrolled in a respiratory therapy new text begin or new text end 4.33 new text begin polysomnography technology new text end education program accredited by the Commission on 4.34Accreditation of Allied Health Education Programs new text begin , its successor organization, new text end or another new text begin new text end 4.35 new text begin national recognized new text end accrediting organization approved by the board; and 5.1(2) a respiratory care practitioner employed in the service of the federal government new text begin new text end 5.2 new text begin therapist as a member of the United States armed forces new text end while performing duties incident 5.3to that employment. new text begin duty; new text end 5.4 new text begin (3) an individual employed by a durable medical equipment provider or home new text end 5.5 new text begin medical equipment provider who delivers, sets up, or maintains respiratory care new text end 5.6 new text begin equipment, but does not perform assessment, education, or evaluation of the patient; new text end 5.7 new text begin (4) self-care by a patient or gratuitous care by a friend or relative who does not new text end 5.8 new text begin purport to be a licensed respiratory therapist; or new text end 5.9 new text begin (5) an individual employed in a sleep lab or center as a polysomnographic new text end 5.10 new text begin technologist under the supervision of a licensed physician. new text end 5.11    Subd. 3. Penalty. A person who violates subdivision 1 new text begin this section new text end is guilty of a 5.12gross misdemeanor. 5.13    Subd. 4. Identification of registered new text begin licensed new text end practitioners. Respiratory care 5.14practitioners registered new text begin therapists licensed new text end in Minnesota shall wear name tags that identify 5.15them as respiratory care practitioners new text begin therapists new text end while in a professional setting. If not 5.16written in full, this must be designated as RCP new text begin "RT" or "LRT" new text end . A student attending a new text begin an new text end 5.17 new text begin accredited new text end respiratory therapy training new text begin education new text end program or a tutorial intern program 5.18must be identified as a student respiratory care practitioner new text begin therapist new text end . This abbreviated 5.19designation is Student RCP new text begin RT new text end . Unregulated individuals who work in an assisting 5.20respiratory role under the supervision of respiratory care practitioners new text begin therapists new text end must be 5.21identified as respiratory care new text begin therapy new text end assistants or aides. 5.22    Sec. 4. Minnesota Statutes 2008, section 147C.15, is amended to read: 5.23147C.15 REGISTRATION new text begin LICENSURE new text end REQUIREMENTS. 5.24    Subdivision 1. General requirements for registration new text begin licensure new text end . To be eligible 5.25for registration new text begin a license new text end , an applicant, with the exception of those seeking registration new text begin new text end 5.26 new text begin licensure new text end by reciprocity under subdivision 2, must: 5.27(1) submit a completed application on forms provided by the board along with all 5.28fees required under section 147C.40 that includes: 5.29(i) the applicant's name, Social Security number, home address new text begin , e-mail address, new text end and 5.30telephone number, and business address and telephone number; 5.31(ii) the name and location of the respiratory care new text begin therapy new text end education program the 5.32applicant completed; 5.33(iii) a list of degrees received from educational institutions; 5.34(iv) a description of the applicant's professional training beyond the first degree 5.35received; 6.1(v) the applicant's work history for the five years preceding the application, including 6.2the average number of hours worked per week; 6.3(vi) a list of registrations, certifications, and licenses held in other jurisdictions; 6.4(vii) a description of any other jurisdiction's refusal to credential the applicant; 6.5(viii) a description of all professional disciplinary actions initiated against the 6.6applicant in any jurisdiction; and 6.7(ix) any history of drug or alcohol abuse, and any misdemeanor or felony conviction; 6.8(2) submit a certificate of completion from an approved education program; 6.9(3) achieve a qualifying score on a credentialing examination within five years 6.10prior to application for registration; 6.11(4) submit a verified copy of a valid and current credential, issued by the National 6.12Board for Respiratory Care or other board-approved national organization, as a certified 6.13respiratory therapy technician new text begin therapist new text end , registered respiratory therapist, or other entry or 6.14advanced level respiratory care practitioner new text begin therapist new text end designation; 6.15(5) submit additional information as requested by the board, including providing 6.16any additional information necessary to ensure that the applicant is able to practice with 6.17reasonable skill and safety to the public; 6.18(6) sign a statement that the information in the application is true and correct to the 6.19best of the applicant's knowledge and belief; and 6.20(7) sign a waiver authorizing the board to obtain access to the applicant's records 6.21in this or any other state in which the applicant has completed an approved education 6.22program or engaged in the practice of respiratory care new text begin therapy new text end . 6.23    Subd. 2. Registration new text begin Licensure new text end by reciprocity. To be eligible for registration new text begin new text end 6.24 new text begin licensure new text end by reciprocity, the applicant must be credentialed by the National Board for 6.25Respiratory Care or other board-approved organization and have worked at least eight 6.26weeks of the previous five years as a respiratory care practitioner new text begin therapist new text end and must: 6.27(1) submit the application materials and fees as required by subdivision 1, clauses 6.28(1), (4), (5), (6), and (7); 6.29(2) provide a verified copy from the appropriate government body of a current and 6.30unrestricted credential new text begin or license new text end for the practice of respiratory care new text begin therapy new text end in another 6.31jurisdiction that has initial credentialing requirements equivalent to or higher than the 6.32requirements in subdivision 1; and 6.33(3) provide letters of verification from the appropriate government body in each 6.34jurisdiction in which the applicant holds a credential new text begin or license new text end . Each letter must state the 6.35applicant's name, date of birth, credential number, date of issuance, a statement regarding 7.1disciplinary actions, if any, taken against the applicant, and the terms under which the 7.2credential was issued. 7.3    Subd. 3. Temporary permit. The board may issue a temporary permit to practice 7.4as a respiratory care practitioner new text begin therapist new text end to an applicant eligible for registration new text begin new text end 7.5 new text begin licensure new text end under this section if the application for registration new text begin licensure new text end is complete, all 7.6applicable requirements in this section have been met, and a nonrefundable fee set by 7.7the board has been paid. The permit remains valid only until the meeting of the board 7.8at which a decision is made on the respiratory care practitioner's new text begin therapist's new text end application 7.9for registration new text begin licensure new text end . 7.10    Subd. 4. Temporary registration. The board may issue temporary registration as a 7.11respiratory care practitioner for a period of one year to an applicant for registration under 7.12this section if the application for registration is complete, all applicable requirements 7.13have been met with exception of completion of a credentialing examination, and a 7.14nonrefundable fee set by the board has been paid. A respiratory care practitioner with 7.15temporary registration may qualify for full registration status upon submission of verified 7.16documentation that the respiratory care practitioner has achieved a qualifying score on a 7.17credentialing examination within one year after receiving temporary registration status. 7.18Temporary registration may not be renewed. 7.19    Subd. 5. Practice limitations with temporary registration. A respiratory care 7.20practitioner with temporary registration is limited to working under the direct supervision 7.21of a registered respiratory care practitioner or physician able to provide qualified medical 7.22direction. The respiratory care practitioner or physician must be present in the health care 7.23facility or readily available by telecommunication at the time the respiratory care services 7.24are being provided. A registered respiratory care practitioner may supervise no more than 7.25two respiratory care practitioners with temporary registration status. 7.26    Subd. 6. Registration new text begin License new text end expiration. Registrations new text begin Licenses new text end issued under this 7.27chapter expire annually. 7.28    Subd. 7. Renewal. (a) To be eligible for registration new text begin license new text end renewal a registrant new text begin new text end 7.29 new text begin licensee new text end must: 7.30(1) annually, or as determined by the board, complete a renewal application on a 7.31form provided by the board; 7.32(2) submit the renewal fee; 7.33(3) provide evidence every two years of a total of 24 hours of continuing education 7.34approved by the board as described in section 147C.25; and 8.1(4) submit any additional information requested by the board to clarify information 8.2presented in the renewal application. The information must be submitted within 30 days 8.3after the board's request, or the renewal request is nullified. 8.4(b) Applicants for renewal who have not practiced the equivalent of eight full weeks 8.5during the past five years must achieve a passing score on retaking the credentialing 8.6examination, or complete no less than eight weeks of advisory council-approved 8.7supervised clinical experience having a broad base of treatment modalities and patient care. 8.8    Subd. 8. Change of address. A registrant new text begin licensee new text end who changes addresses must 8.9inform the board within 30 days, in writing, of the change of address. All notices or 8.10other correspondence mailed to or served on a registrant new text begin licensee new text end by the board at the 8.11registrant's new text begin licensee's new text end address on file with the board shall be considered as having been 8.12received by the registrant new text begin licensee new text end . 8.13    Subd. 9. Registration new text begin License new text end renewal notice. At least 30 days before the 8.14registration new text begin license new text end renewal date, the board shall send out a renewal notice to the last 8.15known address of the registrant new text begin licensee new text end on file. The notice must include a renewal 8.16application and a notice of fees required for renewal. It must also inform the registrant new text begin new text end 8.17 new text begin licensee new text end that registration new text begin the license new text end will expire without further action by the board if an 8.18application for registration new text begin license new text end renewal is not received before the deadline for renewal. 8.19The registrant's new text begin licensee's new text end failure to receive this notice shall not relieve the registrant new text begin new text end 8.20 new text begin licensee new text end of the obligation to meet the deadline and other requirements for registration new text begin new text end 8.21 new text begin license new text end renewal. Failure to receive this notice is not grounds for challenging expiration of 8.22registered new text begin licensure new text end status. 8.23    Subd. 10. Renewal deadline. The renewal application and fee must be postmarked 8.24on or before July 1 of the year of renewal or as determined by the board. If the postmark is 8.25illegible, the application shall be considered timely if received by the third working day 8.26after the deadline. 8.27    Subd. 11. Inactive status and return to active status. (a) A registration may be 8.28placed in inactive status upon application to the board by the registrant and upon payment 8.29of an inactive status fee. 8.30(b) Registrants seeking restoration to active from inactive status must pay the current 8.31renewal fees and all unpaid back inactive fees. They must meet the criteria for renewal 8.32specified in subdivision 7, including continuing education hours equivalent to one hour for 8.33each month of inactive status, prior to submitting an application to regain registered status. 8.34If the inactive status extends beyond five years, a qualifying score on a credentialing 8.35examination, or completion of an advisory council-approved eight-week supervised 8.36clinical training experience is required. If the registrant intends to regain active registration 9.1by means of eight weeks of advisory council-approved clinical training experience, the 9.2registrant shall be granted temporary registration for a period of no longer than six months. 9.3    Subd. 12. Registration new text begin Licensure new text end following lapse of registration new text begin licensed new text end status 9.4for two years or less. For any individual whose registration status new text begin license new text end has lapsed for 9.5two years or less, to regain registration status new text begin a license new text end , the individual must: 9.6(1) apply for registration new text begin license new text end renewal according to subdivision 7; 9.7(2) document compliance with the continuing education requirements of section 9.8147C.25 since the registrant's new text begin licensee's new text end initial registration new text begin licensure new text end or last renewal; and 9.9(3) submit the fees required under section 147C.40 for the period not registered new text begin new text end 9.10 new text begin licensed new text end , including the fee for late renewal. 9.11    Subd. 13. Cancellation due to nonrenewal. The board shall not renew, reissue, 9.12reinstate, or restore a registration new text begin license new text end that has lapsed and has not been renewed within 9.13two annual registration renewal cycles starting July 1997. A registrant new text begin licensee new text end whose 9.14registration new text begin license new text end is canceled for nonrenewal must obtain a new registration new text begin license new text end by 9.15applying for registration new text begin licensure new text end and fulfilling all requirements then in existence for 9.16initial registration new text begin licensure new text end as a respiratory care practitioner new text begin therapist new text end . 9.17    Subd. 14. Cancellation of registration new text begin license new text end in good standing. (a) A registrant new text begin new text end 9.18 new text begin licensee new text end holding new text begin an new text end active registration new text begin license new text end as a respiratory care practitioner new text begin therapist new text end in 9.19the state may, upon approval of the board, be granted registration new text begin license new text end cancellation if 9.20the board is not investigating the person as a result of a complaint or information received 9.21or if the board has not begun disciplinary proceedings against the registrant new text begin licensee new text end . 9.22Such action by the board shall be reported as a cancellation of registration new text begin a license new text end in 9.23good standing. 9.24(b) A registrant new text begin licensee new text end who receives board approval for registration new text begin license new text end 9.25cancellation is not entitled to a refund of any registration new text begin licensure new text end fees paid for the 9.26registration new text begin license new text end year in which cancellation of the registration new text begin license new text end occurred. 9.27(c) To obtain registration new text begin a license new text end after cancellation, a registrant new text begin licensee new text end must 9.28obtain a new registration new text begin license new text end by applying for registration new text begin licensure new text end and fulfilling the 9.29requirements then in existence for obtaining initial registration new text begin licensure new text end as a respiratory 9.30care practitioner new text begin therapist new text end . 9.31    Sec. 5. Minnesota Statutes 2008, section 147C.20, is amended to read: 9.32147C.20 BOARD ACTION ON APPLICATIONS FOR REGISTRATION new text begin new text end 9.33 new text begin LICENSURE new text end . 9.34(a) The board shall act on each application for registration new text begin licensure new text end according 9.35to paragraphs (b) to (d). 10.1(b) The board shall determine if the applicant meets the requirements for registration new text begin new text end 10.2 new text begin licensure new text end under section 147C.15. The board or advisory council may investigate 10.3information provided by an applicant to determine whether the information is accurate 10.4and complete. 10.5(c) The board shall notify each applicant in writing of action taken on the application, 10.6the grounds for denying registration new text begin licensure new text end if registration new text begin licensure new text end is denied, and the 10.7applicant's right to review under paragraph (d). 10.8(d) Applicants denied registration new text begin licensure new text end may make a written request to the 10.9board, within 30 days of the board's notice, to appear before the advisory council new text begin or its new text end 10.10 new text begin designee new text end and for the advisory council to review the board's decision to deny the applicant's 10.11registration new text begin licensure new text end . After reviewing the denial, the advisory council shall make a 10.12recommendation to the board as to whether the denial shall be affirmed. Each applicant is 10.13allowed only one request for review per yearly registration new text begin licensure new text end period. 10.14    Sec. 6. Minnesota Statutes 2008, section 147C.25, is amended to read: 10.15147C.25 CONTINUING EDUCATION REQUIREMENTS. 10.16    Subdivision 1. Number of required contact hours. Two years after the date 10.17of initial registration new text begin licensure new text end , and every two years thereafter, a registrant new text begin licensee new text end 10.18applying for registration new text begin license new text end renewal must complete a minimum of 24 contact hours 10.19of board-approved continuing education in the two years preceding registration new text begin license new text end 10.20renewal and attest to completion of continuing education requirements by reporting to 10.21the board. 10.22    Subd. 2. Approved programs. The board shall approve continuing education 10.23programs that have been approved for continuing education credit by the American 10.24Association of Respiratory Care or the Minnesota Society for Respiratory Care or their 10.25successor organizations. The board shall also approve programs substantially related to 10.26respiratory care new text begin therapy new text end that are sponsored by an accredited university or college, medical 10.27school, state or national medical association, national medical specialty society, or that are 10.28approved for continuing education credit by the Minnesota Board of Nursing. 10.29    Subd. 3. Approval of continuing education programs. The board shall also 10.30approve continuing education programs that do not meet the requirements of subdivision 2 10.31but that meet the following criteria: 10.32(1) the program content directly relates to the practice of respiratory care new text begin therapy new text end ; 10.33(2) each member of the program faculty is knowledgeable in the subject matter as 10.34demonstrated by a degree from an accredited education program, verifiable experience in 11.1the field of respiratory care new text begin therapy new text end , special training in the subject matter, or experience 11.2teaching in the subject area; 11.3(3) the program lasts at least one contact hour; 11.4(4) there are specific, measurable, written objectives, consistent with the program, 11.5describing the expected outcomes for the participants; and 11.6(5) the program sponsor has a mechanism to verify participation and maintains 11.7attendance records for three years. 11.8    Subd. 4. Hospital, health care facility, or medical company in-services. Hospital, 11.9health care facility, or medical company in-service programs may qualify for continuing 11.10education credits provided they meet the requirements of this section. 11.11    Subd. 5. Accumulation of contact hours. A registrant new text begin licensee new text end may not apply 11.12contact hours acquired in one two-year reporting period to a future continuing education 11.13reporting period. 11.14    Subd. 6. Verification of continuing education credits. The board shall periodically 11.15select a random sample of registrants new text begin licensees new text end and require those registrants new text begin licensees new text end to 11.16supply the board with evidence of having completed the continuing education to which 11.17they attested. Documentation may come directly from the registrant new text begin licensee new text end or from state 11.18or national organizations that maintain continuing education records. 11.19    Subd. 7. Restriction on continuing education topics. A registrant new text begin licensee new text end may 11.20apply no more than a combined total of eight hours of continuing education in the areas 11.21of management, risk management, personal growth, and educational techniques to a 11.22two-year reporting period. 11.23    Subd. 8. Credit for credentialing examination. A registrant new text begin licensee new text end may fulfill 11.24the continuing education requirements for a two-year reporting period by achieving a 11.25qualifying score on one of the credentialing examinations or a specialty credentialing 11.26examination of the National Board for Respiratory Care or another board-approved testing 11.27organization. A registrant new text begin licensee new text end may achieve 12 hours of continuing education credit 11.28by completing a National Board for Respiratory Care or other board-approved testing 11.29organization's specialty examination. 11.30    Sec. 7. Minnesota Statutes 2008, section 147C.30, is amended to read: 11.31147C.30 DISCIPLINE; REPORTING. 11.32For purposes of this chapter, registered new text begin licensed new text end respiratory care practitioners 11.33 new text begin therapists new text end and applicants are subject to the provisions of sections 147.091 to 147.162. 12.1    Sec. 8. Minnesota Statutes 2008, section 147C.35, is amended to read: 12.2147C.35 RESPIRATORY CARE PRACTITIONER ADVISORY COUNCIL. 12.3    Subdivision 1. Membership. The board shall appoint a seven-member Respiratory 12.4Care Practitioner Advisory Council consisting of two public members as defined in section 12.5214.02 , three registered new text begin licensed new text end respiratory care practitioners new text begin therapists new text end , and two licensed 12.6physicians with expertise in respiratory care. 12.7    Subd. 2. Organization. The advisory council shall be organized and administered 12.8under section 15.059. 12.9    Subd. 3. Duties. The advisory council shall: 12.10(1) advise the board regarding standards for respiratory care practitioners new text begin therapists new text end ; 12.11(2) provide for distribution of information regarding respiratory care practitioner new text begin new text end 12.12 new text begin therapy new text end standards; 12.13(3) advise the board on enforcement of sections 147.091 to 147.162; 12.14(4) review applications and recommend granting or denying registration new text begin licensure new text end 12.15or registration new text begin license new text end renewal; 12.16(5) advise the board on issues related to receiving and investigating complaints, 12.17conducting hearings, and imposing disciplinary action in relation to complaints against 12.18respiratory care practitioners new text begin therapists new text end ; 12.19(6) advise the board regarding approval of continuing education programs using the 12.20criteria in section 147C.25, subdivision 3; and 12.21(7) perform other duties authorized for advisory councils by chapter 214, as directed 12.22by the board. 12.23    Sec. 9. Minnesota Statutes 2008, section 147C.40, is amended to read: 12.24147C.40 FEES. 12.25    Subdivision 1. Fees. The board shall adopt rules setting: 12.26(1) registration new text begin licensure new text end fees; 12.27(2) renewal fees; 12.28(3) late fees; 12.29(4) inactive status fees; new text begin and new text end 12.30(5) fees for temporary permits; and 12.31(6) fees for temporary registration. 12.32    Subd. 2. Proration of fees. The board may prorate the initial annual registration new text begin new text end 12.33 new text begin license new text end fee. All registrants new text begin licensees new text end are required to pay the full fee upon registration new text begin new text end 12.34 new text begin license new text end renewal. 13.1    Subd. 3. Penalty fee for late renewals. An application for registration new text begin license new text end 13.2renewal submitted after the deadline must be accompanied by a late fee in addition to the 13.3required fees. 13.4    Subd. 4. Nonrefundable fees. All of the fees in subdivision 1 are nonrefundable.