1.1 	A bill for an act
1.2 	relating to health occupation; licensing respiratory therapists;amending 
1.3 	Minnesota Statutes 2008, sections 147C.01; 147C.05; 147C.10; 147C.15; 
1.4 	147C.20; 147C.25; 147C.30; 147C.35; 147C.40.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2008, section 147C.01, is amended to read:
1.7 	147C.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 
1.10 	Practitioner Advisory Council established under section 147C.35.  
1.11 		Subd. 3.Approved education program. "Approved education program" means a 
1.12 	university, college, or other postsecondary education program leading to eligibility for 
1.13 	registry or certification in respiratory care, that, at the time the student completes the 
1.14 	program, 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 
1.17 	consecutive minutes, excluding coffee breaks, registration, meals without a speaker, and 
1.18 	social activities.
1.19 		Subd. 6.Credential. "Credential" means a license, permit, certification, registration,
1.20 	or other evidence of qualification or authorization to engage in respiratory care practice in 
1.21 	this state or any other state.
1.22 		Subd. 7.Credentialing examination. "Credentialing examination" means an 
1.23 	examination administered by the National Board for Respiratory Care or other national 
1.24 	testing organization approved by the board, its successor organization, or the Canadian 
2.1 	Society for Respiratory Care for credentialing as a certified respiratory therapy technician, 
2.2 	registered respiratory therapist, or other title indicating an entry or advanced level 
2.3 	respiratory care practitioner.
2.4 		Subd. 8.Health care facility. "Health care facility" means a hospital as defined in 
2.5 	section 144.50, subdivision 2, a medical facility as defined in section 144.561, subdivision 
2.6 	1, paragraph (b), or a nursing home as defined in section 144A.01, subdivision 5, a 
2.7 	long-term acute care facility, a subacute care facility, an outpatient clinic, a physician's 
2.8 	office, a rehabilitation facility, or a hospice.  
2.9 		Subd. 9.Qualified medical direction. "Qualified medical direction" means 
2.10 	direction from a licensed physician who is on the staff or is a consultant of a health care 
2.11 	facility or home care agency or home medical equipment provider and who has a special 
2.12 	interest in and knowledge of the diagnosis and treatment of deficiencies, abnormalities, 
2.13 	and diseases of the cardiopulmonary system.
2.14 		Subd. 10.Respiratory care. "Respiratory care" means the provision of services 
2.15 	described under section 147C.05 for the assessment, treatment, education, management, 
2.16 	evaluation, and care of patients with deficiencies, abnormalities, and diseases of the 
2.17 	cardiopulmonary system, under the guidance of qualified medical direction supervision of 
2.18 	a physician and pursuant to a referral, or verbal, written, or telecommunicated order from 
2.19 	a physician who has medical responsibility for the patient , nurse practitioner, or physician 
2.20 	assistant. It Respiratory care includes, but is not limited to, education pertaining to health 
2.21 	promotion,and disease prevention and management, patient care, and treatment.  

2.22 	Sec. 2. Minnesota Statutes 2008, section 147C.05, is amended to read:
2.23 	147C.05 SCOPE OF PRACTICE.
2.24 	(a) The practice of respiratory care by a registered licensed respiratory care 
2.25 	practitioner therapist includes, but is not limited to, the following services:
2.26 	(1) providing and monitoring therapeutic administration of medical gases, aerosols, 
2.27 	humidification, and pharmacological agents related to respiratory care procedures, but not 
2.28 	including administration of general anesthesia;
2.29 	(2) carrying out therapeutic application and monitoring of mechanical ventilatory 
2.30 	support;
2.31 	(3) providing cardiopulmonary resuscitation and maintenance of natural airways and 
2.32 	insertion and maintenance of artificial airways;
2.33 	(4) assessing and monitoring signs, symptoms, and general behavior relating to, and 
2.34 	general physical response to, respiratory care treatment or evaluation for treatment and 
3.1 	diagnostic testing, including determination of whether the signs, symptoms, reactions, 
3.2 	behavior, 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 and therapeutic 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 
3.12 	based on abnormalities, protocols, or changes in patient response to respiratory care 
3.13 	treatment;
3.14 	(8) providing cardiopulmonary rehabilitation including respiratory-care related 
3.15 	educational components, postural drainage, chest physiotherapy, breathing exercises, 
3.16 	aerosolized administration of medications, and equipment use and maintenance;
3.17 	(9) instructing patients and their families in techniques for the prevention, alleviation, 
3.18 	and rehabilitation of deficiencies, abnormalities, and diseases of the cardiopulmonary 
3.19 	system; and
3.20 	(10) transcribing and implementing verbal, written, or telecommunicated orders from 
3.21 	a physician, nurse practitioner, or physician assistant  orders for respiratory care services;
3.22 	(11) tobacco cessation and prevention programs; and
3.23 	(12) disease management programs, including but not limited to, asthma and chronic 
3.24 	obstructive pulmonary disease.
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 
3.28 	which the respiratory care practitioner practices.
3.29 	(c) Respiratory care services provided by a registered respiratory care practitioner, 
3.30 	whether delivered in a health care facility or the patient's residence, must not be provided 
3.31 	except upon referral from a physician.
3.32 	(b) This section does not prohibit a respiratory therapist from performing advances 
3.33 	in the art and techniques of respiratory care learned through formal or specialized training 
3.34 	as approved by the Respiratory Care Advisory Council.
3.35 	(d) (c) This section does not prohibit an individual licensed or registered credentialed
3.36 	as a respiratory therapist in another state or country from providing respiratory care in an 
4.1 	emergency in this state, providing respiratory care as a member of an organ harvesting 
4.2 	team, or from providing respiratory care on board an ambulance as part of an ambulance 
4.3 	treatment team.

4.4 	Sec. 3. Minnesota Statutes 2008, section 147C.10, is amended to read:
4.5 	147C.10 UNLICENSED PRACTICE PROHIBITED; PROTECTED TITLES 
4.6 	AND RESTRICTIONS ON USE.
4.7 		Subdivision 1.Protected titles. No individual may A person who does not hold 
4.8 	a license or temporary permit under this chapter as a respiratory therapist or whose 
4.9 	license or permit has lapsed, been suspended, or revoked may not use the title "Minnesota
4.10 	registered licensed  respiratory care practitioner therapist," "registered licensed  respiratory 
4.11 	care practitioner therapist," "respiratory care practitioner," "respiratory therapist," 
4.12 	"respiratory therapy (or care) technician," "inhalation therapist," or "inhalation therapy 
4.13 	technician," or use, in connection with the individual's name, the letters "RCP," "RT" or 
4.14 	"LRT" or any other titles, words, letters, abbreviations, or insignia indicating or implying 
4.15 	that the individual is eligible for registration licensure by the state as a respiratory care 
4.16 	practitioner therapist unless the individual has been registered licensed as a respiratory 
4.17 	care practitioner therapist according to this chapter.
4.18 		Subd. 1a.Unlicensed practice prohibited. No person shall practice respiratory 
4.19 	care unless the person is licensed as a respiratory therapist under this chapter except 
4.20 	as otherwise provided under this chapter.
4.21 		Subd. 2.Other health care practitioners. (a) Nonphysician individuals practicing 
4.22 	in a health care occupation or profession are not restricted in the provision of services 
4.23 	included in section 147C.05, as long as they do not hold themselves out as respiratory care 
4.24 	practitioners by or through the use of the titles provided in subdivision 1 in association 
4.25 	with provision of these services.Nothing in this chapter shall prohibit the practice of any 
4.26 	profession or occupation licensed or registered by the state by any person duly licensed or 
4.27 	registered to practice the profession or occupation or to perform any act that falls within 
4.28 	the scope of practice of the profession or occupation.
4.29 	(b) Physician practitioners are exempt from this chapter.
4.30 	(c) Nothing in this chapter shall be construed to require registration of a respiratory 
4.31 	care license for:
4.32 	(1) a respiratory care practitioner student enrolled in a respiratory therapy or 
4.33 	polysomnography technology education program accredited by the Commission on 
4.34 	Accreditation of Allied Health Education Programs, its successor organization, or another 
4.35 	nationally recognized accrediting organization approved by the board; and
5.1 	(2) a respiratory care practitioner employed in the service of the federal government
5.2 	therapist as a member of the United States armed forces while performing duties incident 
5.3 	to that employment duty;
5.4 	(3) an individual employed by a durable medical equipment provider or a home 
5.5 	medical equipment provider who delivers, sets up, or maintains respiratory care 
5.6 	equipment, but does not perform assessment, education, or evaluation of the patient;
5.7 	(4) self-care by a patient or gratuitous care by a friend or relative who does not 
5.8 	purport to be a licensed respiratory therapist; or
5.9 	(5) an individual employed in an accredited sleep lab or center as a polysomnographic 
5.10 	technologist under the supervision of a licensed physician.
5.11 		Subd. 3.Penalty. A person who violates subdivision 1this section is guilty of a 
5.12 	gross misdemeanor.
5.13 		Subd. 4.Identification of registered licensed practitioners. Respiratory care 
5.14 	practitioners registered therapists licensed in Minnesota shall wear name tags that identify 
5.15 	them as respiratory care practitioners therapists while in a professional setting. If not 
5.16 	written in full, this must be designated as RCP "RT" or "LRT". A student attending a an 
5.17 	accredited respiratory therapy training education program or a tutorial intern program
5.18 	must be identified as a student respiratory care practitioner therapist. This abbreviated 
5.19 	designation is Student RCP RT. Unregulated individuals who work in an assisting 
5.20 	respiratory role under the supervision of respiratory care practitioners therapists must be 
5.21 	identified as respiratory care therapy assistants or aides.

5.22 	Sec. 4. Minnesota Statutes 2008, section 147C.15, is amended to read:
5.23 	147C.15 REGISTRATION LICENSURE REQUIREMENTS.
5.24 		Subdivision 1.General requirements for registration licensure. To be eligible 
5.25 	for registration a license, an applicant, with the exception of those seeking registration
5.26 	licensure by reciprocity under subdivision 2, must:
5.27 	(1) submit a completed application on forms provided by the board along with all 
5.28 	fees required under section 147C.40 that includes:  
5.29 	(i) the applicant's name, Social Security number, home address, e-mail address, and 
5.30 	telephone number, and business address and telephone number;
5.31 	(ii) the name and location of the respiratory care therapy education program the 
5.32 	applicant 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 
5.35 	received;
6.1 	(v) the applicant's work history for the five years preceding the application, including 
6.2 	the 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 
6.6 	applicant 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 
6.10 	prior to application for registration;
6.11 	(4) submit a verified copy of a valid and current credential, issued by the National 
6.12 	Board for Respiratory Care or other board-approved national organization, as a certified 
6.13 	respiratory therapy technician therapist, registered respiratory therapist, or other entry or 
6.14 	advanced level respiratory care practitioner therapist designation;
6.15 	(5) submit additional information as requested by the board, including providing 
6.16 	any additional information necessary to ensure that the applicant is able to practice with 
6.17 	reasonable skill and safety to the public;
6.18 	(6) sign a statement that the information in the application is true and correct to the 
6.19 	best 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 
6.21 	in this or any other state in which the applicant has completed an approved education 
6.22 	program or engaged in the practice of respiratory care therapy.
6.23 		Subd. 2.Registration Licensure by reciprocity. To be eligible for registration
6.24 	licensure by reciprocity, the applicant must be credentialed by the National Board for 
6.25 	Respiratory Care or other board-approved organization and have worked at least eight 
6.26 	weeks of the previous five years as a respiratory care practitioner therapist 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 
6.30 	unrestricted credential  or license for the practice of respiratory care therapy in another 
6.31 	jurisdiction that has initial credentialing requirements equivalent to or higher than the 
6.32 	requirements in subdivision 1; and
6.33 	(3) provide letters of verification from the appropriate government body in each 
6.34 	jurisdiction in which the applicant holds a credential or license. Each letter must state the 
6.35 	applicant's name, date of birth, credential number, date of issuance, a statement regarding 
7.1 	disciplinary actions, if any, taken against the applicant, and the terms under which the 
7.2 	credential was issued.
7.3 		Subd. 3.Temporary permit. The board may issue a temporary permit to practice 
7.4 	as a respiratory care practitioner therapist to an applicant eligible for registration
7.5 	licensure under this section if the application for registration licensure is complete, all 
7.6 	applicable requirements in this section have been met, and a nonrefundable fee set by 
7.7 	the board has been paid. The permit remains valid only until the meeting of the board 
7.8 	at which a decision is made on the respiratory care practitioner's therapist's application 
7.9 	for registration licensure.
7.10 		Subd. 4.Temporary registration. The board may issue temporary registration as a 
7.11 	respiratory care practitioner for a period of one year to an applicant for registration under 
7.12 	this section if the application for registration is complete, all applicable requirements 
7.13 	have been met with exception of completion of a credentialing examination, and a 
7.14 	nonrefundable fee set by the board has been paid. A respiratory care practitioner with 
7.15 	temporary registration may qualify for full registration status upon submission of verified 
7.16 	documentation that the respiratory care practitioner has achieved a qualifying score on a 
7.17 	credentialing examination within one year after receiving temporary registration status. 
7.18 	Temporary registration may not be renewed.
7.19 		Subd. 5.Practice limitations with temporary registration. A respiratory care 
7.20 	practitioner with temporary registration is limited to working under the direct supervision 
7.21 	of a registered respiratory care practitioner or physician able to provide qualified medical 
7.22 	direction. The respiratory care practitioner or physician must be present in the health care 
7.23 	facility or readily available by telecommunication at the time the respiratory care services 
7.24 	are being provided. A registered respiratory care practitioner may supervise no more than 
7.25 	two respiratory care practitioners with temporary registration status.
7.26 		Subd. 6.RegistrationLicense expiration. Registrations Licenses issued under this 
7.27 	chapter expire annually.
7.28 		Subd. 7.Renewal. (a) To be eligible for registration license renewal a registrant
7.29 	licensee must:
7.30 	(1) annually, or as determined by the board, complete a renewal application on a 
7.31 	form 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 
7.34 	approved by the board as described in section 147C.25; and  
8.1 	(4) submit any additional information requested by the board to clarify information 
8.2 	presented in the renewal application. The information must be submitted within 30 days 
8.3 	after 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 
8.5 	during the past five years must achieve a passing score on retaking the credentialing 
8.6 	examination, or complete no less than eight weeks of advisory council-approved 
8.7 	supervised clinical experience having a broad base of treatment modalities and patient care.
8.8 		Subd. 8.Change of address. A registrant licensee who changes addresses must 
8.9 	inform the board within 30 days, in writing, of the change of address. All notices or 
8.10 	other correspondence mailed to or served on a registrant licensee by the board at the 
8.11 	registrant's licensee's address on file with the board shall be considered as having been 
8.12 	received by the registrant licensee.
8.13 		Subd. 9.Registration License renewal notice. At least 30 days before the 
8.14 	registration license renewal date, the board shall send out a renewal notice to the last 
8.15 	known address of the registrant licensee on file. The notice must include a renewal 
8.16 	application and a notice of fees required for renewal. It must also inform the registrant
8.17 	licensee that registration the license will expire without further action by the board if an 
8.18 	application for registration license renewal is not received before the deadline for renewal. 
8.19 	The registrant's licensee's failure to receive this notice shall not relieve the registrant
8.20 	licensee of the obligation to meet the deadline and other requirements for registration
8.21 	license renewal. Failure to receive this notice is not grounds for challenging expiration of 
8.22 	registered licensure status.
8.23 		Subd. 10.Renewal deadline. The renewal application and fee must be postmarked 
8.24 	on or before July 1 of the year of renewal or as determined by the board. If the postmark is 
8.25 	illegible, the application shall be considered timely if received by the third working day 
8.26 	after the deadline.
8.27 		Subd. 11.Inactive status and return to active status. (a) A registration may be 
8.28 	placed in inactive status upon application to the board by the registrant and upon payment 
8.29 	of an inactive status fee.
8.30 	(b) Registrants seeking restoration to active from inactive status must pay the current 
8.31 	renewal fees and all unpaid back inactive fees. They must meet the criteria for renewal 
8.32 	specified in subdivision 7, including continuing education hours equivalent to one hour for 
8.33 	each month of inactive status, prior to submitting an application to regain registered status. 
8.34 	If the inactive status extends beyond five years, a qualifying score on a credentialing 
8.35 	examination, or completion of an advisory council-approved eight-week supervised 
8.36 	clinical training experience is required. If the registrant intends to regain active registration 
9.1 	by means of eight weeks of advisory council-approved clinical training experience, the 
9.2 	registrant shall be granted temporary registration for a period of no longer than six months.
9.3 		Subd. 12.Registration Licensure following lapse of registration licensed status 
9.4 	for two years or less. For any individual whose registration status license has lapsed for 
9.5 	two years or less, to regain registration status a license, the individual must:
9.6 	(1) apply for registration license renewal according to subdivision 7;
9.7 	(2) document compliance with the continuing education requirements of section 
9.8 	147C.25 since the registrant's licensee's initial registration licensure or last renewal; and  
9.9 	(3) submit the fees required under section 147C.40 for the period not registered
9.10 	licensed, including the fee for late renewal.  
9.11 		Subd. 13.Cancellation due to nonrenewal. The board shall not renew, reissue, 
9.12 	reinstate, or restore a registration license that has lapsed and has not been renewed within 
9.13 	two annual registration renewal cycles starting July 1997. A registrant licensee whose 
9.14 	registration license is canceled for nonrenewal must obtain a new registration license by 
9.15 	applying for registration licensure and fulfilling all requirements then in existence for 
9.16 	initial registration licensure as a respiratory care practitioner therapist.
9.17 		Subd. 14.Cancellation of registration license in good standing. (a) A registrant
9.18 	licensee holding an active registration license as a respiratory care practitioner therapist in 
9.19 	the state may, upon approval of the board, be granted registration license cancellation if 
9.20 	the board is not investigating the person as a result of a complaint or information received 
9.21 	or if the board has not begun disciplinary proceedings against the registrant licensee. 
9.22 	Such action by the board shall be reported as a cancellation of registration a license in 
9.23 	good standing.
9.24 	(b) A registrant licensee who receives board approval for registration license
9.25 	cancellation is not entitled to a refund of any registration licensure fees paid for the 
9.26 	registration license year in which cancellation of the registration license occurred.
9.27 	(c) To obtain registration a license after cancellation, a registrant licensee must 
9.28 	obtain a new registration license by applying for registration licensure and fulfilling the 
9.29 	requirements then in existence for obtaining initial registration licensure as a respiratory 
9.30 	care practitioner therapist.

9.31 	Sec. 5. Minnesota Statutes 2008, section 147C.20, is amended to read:
9.32 	147C.20 BOARD ACTION ON APPLICATIONS FOR REGISTRATION
9.33 	LICENSURE.
9.34 	(a) The board shall act on each application for registration licensure according 
9.35 	to paragraphs (b) to (d).
10.1 	(b) The board shall determine if the applicant meets the requirements for registration
10.2 	licensure under section 147C.15. The board or advisory council may investigate 
10.3 	information provided by an applicant to determine whether the information is accurate 
10.4 	and complete.  
10.5 	(c) The board shall notify each applicant in writing of action taken on the application, 
10.6 	the grounds for denying registration licensure if registration licensure is denied, and the 
10.7 	applicant's right to review under paragraph (d).
10.8 	(d) Applicants denied registration licensure may make a written request to the 
10.9 	board, within 30 days of the board's notice, to appear before the advisory council or its 
10.10 	designee and for the advisory council to review the board's decision to deny the applicant's 
10.11 	registration licensure. After reviewing the denial, the advisory council shall make a 
10.12 	recommendation to the board as to whether the denial shall be affirmed. Each applicant is 
10.13 	allowed only one request for review per yearly registration licensure period.

10.14 	Sec. 6. Minnesota Statutes 2008, section 147C.25, is amended to read:
10.15 	147C.25 CONTINUING EDUCATION REQUIREMENTS.
10.16 		Subdivision 1.Number of required contact hours. Two years after the date 
10.17 	of initial registration licensure, and every two years thereafter, a registrant licensee
10.18 	applying for registration license renewal must complete a minimum of 24 contact hours 
10.19 	of board-approved continuing education in the two years preceding registration license
10.20 	renewal and attest to completion of continuing education requirements by reporting to 
10.21 	the board.
10.22 		Subd. 2.Approved programs. The board shall approve continuing education 
10.23 	programs that have been approved for continuing education credit by the American 
10.24 	Association of Respiratory Care or the Minnesota Society for Respiratory Care or their 
10.25 	successor organizations. The board shall also approve programs substantially related to 
10.26 	respiratory care therapy that are sponsored by an accredited university or college, medical 
10.27 	school, state or national medical association, national medical specialty society, or that are 
10.28 	approved for continuing education credit by the Minnesota Board of Nursing.
10.29 		Subd. 3.Approval of continuing education programs. The board shall also 
10.30 	approve continuing education programs that do not meet the requirements of subdivision 2 
10.31 	but that meet the following criteria:
10.32 	(1) the program content directly relates to the practice of respiratory care therapy;
10.33 	(2) each member of the program faculty is knowledgeable in the subject matter as 
10.34 	demonstrated by a degree from an accredited education program, verifiable experience in 
11.1 	the field of respiratory care therapy, special training in the subject matter, or experience 
11.2 	teaching 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, 
11.5 	describing the expected outcomes for the participants; and
11.6 	(5) the program sponsor has a mechanism to verify participation and maintains 
11.7 	attendance records for three years.
11.8 		Subd. 4.Hospital, health care facility, or medical company in-services. Hospital, 
11.9 	health care facility, or medical company in-service programs may qualify for continuing 
11.10 	education credits provided they meet the requirements of this section.
11.11 		Subd. 5.Accumulation of contact hours. A registrant licensee may not apply 
11.12 	contact hours acquired in one two-year reporting period to a future continuing education 
11.13 	reporting period.
11.14 		Subd. 6.Verification of continuing education credits. The board shall periodically 
11.15 	select a random sample of registrants licensees and require those registrants licensees to 
11.16 	supply the board with evidence of having completed the continuing education to which 
11.17 	they attested. Documentation may come directly from the registrant licensee or from state 
11.18 	or national organizations that maintain continuing education records.
11.19 		Subd. 7.Restriction on continuing education topics. A registrant licensee may 
11.20 	apply no more than a combined total of eight hours of continuing education in the areas 
11.21 	of management, risk management, personal growth, and educational techniques to a 
11.22 	two-year reporting period.
11.23 		Subd. 8.Credit for credentialing examination. A registrant licensee may fulfill 
11.24 	the continuing education requirements for a two-year reporting period by achieving a 
11.25 	qualifying score on one of the credentialing examinations or a specialty credentialing 
11.26 	examination of the National Board for Respiratory Care or another board-approved testing 
11.27 	organization. A registrant licensee may achieve 12 hours of continuing education credit 
11.28 	by completing a National Board for Respiratory Care or other board-approved testing 
11.29 	organization's specialty examination.

11.30 	Sec. 7. Minnesota Statutes 2008, section 147C.30, is amended to read:
11.31 	147C.30 DISCIPLINE; REPORTING.
11.32 	For purposes of this chapter, registered licensed respiratory care practitioners
11.33 	therapists 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:
12.2 	147C.35 RESPIRATORY CARE PRACTITIONER ADVISORY COUNCIL.
12.3 		Subdivision 1.Membership. The board shall appoint a seven-member Respiratory 
12.4 	Care Practitioner Advisory Council consisting of two public members as defined in section 
12.5 	214.02, three registered licensed respiratory care practitioners therapists, and two licensed 
12.6 	physicians with expertise in respiratory care.  
12.7 		Subd. 2.Organization. The advisory council shall be organized and administered 
12.8 	under section 15.059.
12.9 		Subd. 3.Duties. The advisory council shall:
12.10 	(1) advise the board regarding standards for respiratory care practitioners therapists;
12.11 	(2) provide for distribution of information regarding respiratory care practitioner
12.12 	therapy 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 licensure
12.15 	or registration license renewal;
12.16 	(5) advise the board on issues related to receiving and investigating complaints, 
12.17 	conducting hearings, and imposing disciplinary action in relation to complaints against 
12.18 	respiratory care practitioners therapists;
12.19 	(6) advise the board regarding approval of continuing education programs using the 
12.20 	criteria in section 147C.25, subdivision 3; and  
12.21 	(7) perform other duties authorized for advisory councils by chapter 214, as directed 
12.22 	by the board.

12.23 	Sec. 9. Minnesota Statutes 2008, section 147C.40, is amended to read:
12.24 	147C.40 FEES.
12.25 		Subdivision 1.Fees. The board shall adopt rules setting:
12.26 	(1) registration licensure fees;
12.27 	(2) renewal fees;
12.28 	(3) late fees;
12.29 	(4) inactive status fees; and
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
12.33 	license fee. All registrants licensees are required to pay the full fee upon registration
12.34 	license renewal.
13.1 		Subd. 3.Penalty fee for late renewals. An application for registration license
13.2 	renewal submitted after the deadline must be accompanied by a late fee in addition to the 
13.3 	required fees.
13.4 		Subd. 4.Nonrefundable fees. All of the fees in subdivision 1 are nonrefundable.