SF 685

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:14am

A bill for an act
relating to health occupation; licensing respiratory therapists; amending
Minnesota Statutes 2008, sections 147C.01; 147C.05; 147C.10; 147C.15;
147C.20; 147C.25; 147C.30; 147C.35; 147C.40.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 147C.01, is amended to read:

147C.01 DEFINITIONS.

Subdivision 1.

Applicability.

The definitions in this section apply to this chapter.

Subd. 2.

Advisory council.

"Advisory council" means the Respiratory Care
deleted text begin Practitioner deleted text end Advisory Council established under section 147C.35.

Subd. 3.

Approved education program.

"Approved education program" means a
university, college, or other postsecondary education program leading to eligibility for
registry or certification in respiratory care, that, at the time the student completes the
program, is accredited by a national accrediting organization approved by the board.

Subd. 4.

Board.

"Board" means the Board of Medical Practice or its designee.

Subd. 5.

Contact hour.

"Contact hour" means an instructional session of 50
consecutive minutes, excluding coffee breaks, registration, meals without a speaker, and
social activities.

Subd. 6.

Credential.

"Credential" means a license deleted text begin , permit, certification, registration, deleted text end
or other evidence of qualification or authorization to engage in respiratory care practice in
this state or any other state.

Subd. 7.

Credentialing examination.

"Credentialing examination" means an
examination administered by the National Board for Respiratory Care deleted text begin or other national
testing organization approved by the board deleted text end new text begin , its successor organization, or the Canadian
Society for Respiratory Care new text end for credentialing as a deleted text begin certified respiratory therapy technician,
registered deleted text end respiratory therapist deleted text begin , deleted text end or other title indicating an entry or advanced level
respiratory care practitioner.

Subd. 8.

Health care facility.

"Health care facility" means a hospital as defined in
section 144.50, subdivision 2, a medical facility as defined in section 144.561, subdivision
1, paragraph (b), or a nursing home as defined in section 144A.01, subdivision 5, a
long-term acute care facility, a subacute care facility, an outpatient clinic, a physician's
office, new text begin a rehabilitation facility, new text end or a hospice.

Subd. 9.

Qualified medical direction.

"Qualified medical direction" means
direction from a licensed physician who is on the staff or is a consultant of a health care
facility or home care agency or home medical equipment provider and who has a special
interest in and knowledge of the diagnosis and treatment of deficiencies, abnormalities,
and diseases of the cardiopulmonary system.

Subd. 10.

Respiratory care.

"Respiratory care" means the provision of services
described under section 147C.05 for the assessment, treatment, education, management,
evaluation, and care of patients with deficiencies, abnormalities, and diseases of the
cardiopulmonary system, under the deleted text begin guidance of qualified medical direction deleted text end new text begin supervision of
a physician new text end and pursuant to a referral new text begin , or verbal, written, or telecommunicated order new text end from
a physician deleted text begin who has medical responsibility for the patient deleted text end new text begin , nurse practitioner, or physician
assistant new text end . deleted text begin It deleted text end new text begin Respiratory care new text end includes new text begin , but is not limited to, new text end education pertaining to health
promotion new text begin , new text end deleted text begin and deleted text end disease prevention new text begin and management new text end , patient care, and treatment.

Sec. 2.

Minnesota Statutes 2008, section 147C.05, is amended to read:

147C.05 SCOPE OF PRACTICE.

(a) The practice of respiratory care by a deleted text begin registered deleted text end new text begin licensed new text end respiratory deleted text begin care
practitioner deleted text end new text begin therapist new text end includes, but is not limited to, the following services:

(1) providing and monitoring therapeutic administration of medical gases, aerosols,
humidification, and pharmacological agents related to respiratory care procedures, but not
including administration of general anesthesia;

(2) carrying out therapeutic application and monitoring of mechanical ventilatory
support;

(3) providing cardiopulmonary resuscitation and maintenance of natural airways and
insertion and maintenance of artificial airways;

(4) assessing and monitoring signs, symptoms, and general behavior relating to, and
general physical response to, respiratory care treatment or evaluation for treatment and
diagnostic testing, including determination of whether the signs, symptoms, reactions,
behavior, or general response exhibit abnormal characteristics;

(5) obtaining physiological specimens and interpreting physiological data including:

(i) analyzing arterial and venous blood gases;

(ii) assessing respiratory secretions;

(iii) measuring ventilatory volumes, pressures, and flows;

(iv) testing pulmonary function;

(v) testing and studying the cardiopulmonary system; and

(vi) diagnostic new text begin and therapeutic new text end testing of breathing patterns related to sleep disorders;

(6) assisting hemodynamic monitoring and support of the cardiopulmonary system;

(7) assessing and making suggestions for modifications in the treatment regimen
based on abnormalities, protocols, or changes in patient response to respiratory care
treatment;

(8) providing cardiopulmonary rehabilitation including respiratory-care related
educational components, postural drainage, chest physiotherapy, breathing exercises,
aerosolized administration of medications, and equipment use and maintenance;

(9) instructing patients and their families in techniques for the prevention, alleviation,
and rehabilitation of deficiencies, abnormalities, and diseases of the cardiopulmonary
system; deleted text begin and
deleted text end

(10) transcribing and implementing new text begin verbal, written, or telecommunicated orders from
a new text end physician new text begin , nurse practitioner, or physician assistant new text end deleted text begin orders deleted text end for respiratory care services new text begin ;
new text end

new text begin (11) tobacco cessation and prevention programs; and
new text end

new text begin (12) disease management programs, including but not limited to, asthma and chronic
obstructive pulmonary disease new text end .

deleted text begin (b) Patient service by a practitioner must be limited to:
deleted text end

deleted text begin (1) services within the training and experience of the practitioner; and
deleted text end

deleted text begin (2) services within the parameters of the laws, rules, and standards of the facilities in
which the respiratory care practitioner practices.
deleted text end

deleted text begin (c) Respiratory care services provided by a registered respiratory care practitioner,
whether delivered in a health care facility or the patient's residence, must not be provided
except upon referral from a physician.
deleted text end

new text begin (b) This section does not prohibit a respiratory therapist from performing advances
in the art and techniques of respiratory care learned through formal or specialized training
as approved by the Respiratory Care Advisory Council.
new text end

deleted text begin (d) deleted text end new text begin (c) new text end This section does not prohibit an individual licensed or deleted text begin registered deleted text end new text begin credentialed new text end
as a respiratory therapist in another state or country from providing respiratory care in an
emergency in this state, providing respiratory care as a member of an organ harvesting
team, or from providing respiratory care on board an ambulance as part of an ambulance
treatment team.

Sec. 3.

Minnesota Statutes 2008, section 147C.10, is amended to read:

147C.10 new text begin UNLICENSED PRACTICE PROHIBITED; new text end PROTECTED TITLES
AND RESTRICTIONS ON USE.

Subdivision 1.

Protected titles.

deleted text begin No individual may deleted text end new text begin A person who does not hold
a license or temporary permit under this chapter as a respiratory therapist or whose
license or permit has lapsed, been suspended, or revoked may not new text end use the title "Minnesota deleted text begin
registered deleted text end new text begin licensed new text end respiratory deleted text begin care practitioner deleted text end new text begin therapist new text end ," " deleted text begin registered deleted text end new text begin licensed new text end respiratory
deleted text begin care practitioner deleted text end new text begin therapist new text end ," deleted text begin "respiratory care practitioner," deleted text end "respiratory therapist,"
deleted text begin "respiratory therapy (or care) technician," deleted text end "inhalation therapist," or "inhalation therapy
technician," or use, in connection with the individual's name, the letters deleted text begin "RCP," deleted text end new text begin "RT" or
"LRT" new text end or any other titles, words, letters, abbreviations, or insignia indicating or implying
that the individual is eligible for deleted text begin registration deleted text end new text begin licensure new text end by the state as a respiratory deleted text begin care
practitioner deleted text end new text begin therapist new text end unless the individual has been deleted text begin registered deleted text end new text begin licensed new text end as a respiratory
deleted text begin care practitioner deleted text end new text begin therapist new text end according to this chapter.

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
care unless the person is licensed as a respiratory therapist under this chapter except
as otherwise provided under this chapter.
new text end

Subd. 2.

Other health care practitioners.

(a) deleted text begin Nonphysician individuals practicing
in a health care occupation or profession are not restricted in the provision of services
included in section 147C.05, as long as they do not hold themselves out as respiratory care
practitioners by or through the use of the titles provided in subdivision 1 in association
with provision of these services. deleted text end new text begin Nothing in this chapter shall prohibit the practice of any
profession or occupation licensed or registered by the state by any person duly licensed or
registered to practice the profession or occupation or to perform any act that falls within
the scope of practice of the profession or occupation.
new text end

(b) deleted text begin Physician practitioners are exempt from this chapter.
deleted text end

deleted text begin (c) deleted text end Nothing in this chapter shall be construed to require deleted text begin registration of deleted text end new text begin a respiratory
care license for new text end :

(1) a deleted text begin respiratory care practitioner deleted text end student enrolled in a respiratory therapy new text begin or
polysomnography technology new text end education program accredited by the Commission on
Accreditation of Allied Health Education Programs new text begin , its successor organization, new text end or another
new text begin nationally recognized new text end accrediting organization deleted text begin approved by the board deleted text end ; deleted text begin and
deleted text end

(2) a respiratory deleted text begin care practitioner employed in the service of the federal government deleted text end new text begin
therapist as a member of the United States armed forces new text end while performing duties incident
to that deleted text begin employment deleted text end new text begin duty;
new text end

new text begin (3) an individual employed by a durable medical equipment provider or a home
medical equipment provider who delivers, sets up, or maintains respiratory care
equipment, but does not perform assessment, education, or evaluation of the patient;
new text end

new text begin (4) self-care by a patient or gratuitous care by a friend or relative who does not
purport to be a licensed respiratory therapist; or
new text end

new text begin (5) an individual employed in an accredited sleep lab or center as a polysomnographic
technologist under the supervision of a licensed physician new text end .

Subd. 3.

Penalty.

A person who violates deleted text begin subdivision 1 deleted text end new text begin this section new text end is guilty of a
gross misdemeanor.

Subd. 4.

Identification of deleted text begin registered deleted text end new text begin licensed new text end practitioners.

Respiratory deleted text begin care
practitioners registered deleted text end new text begin therapists licensed new text end in Minnesota shall wear name tags that identify
them as respiratory deleted text begin care practitioners deleted text end new text begin therapists new text end while in a professional setting. If not
written in full, this must be designated as deleted text begin RCP deleted text end new text begin "RT" or "LRT" new text end . A student attending deleted text begin a deleted text end new text begin an
accredited new text end respiratory therapy deleted text begin training deleted text end new text begin education new text end program deleted text begin or a tutorial intern program deleted text end
must be identified as a student respiratory deleted text begin care practitioner deleted text end new text begin therapist new text end . This abbreviated
designation is Student deleted text begin RCP deleted text end new text begin RT new text end . Unregulated individuals who work in an assisting
respiratory role under the supervision of respiratory deleted text begin care practitioners deleted text end new text begin therapists new text end must be
identified as respiratory deleted text begin care deleted text end new text begin therapy new text end assistants or aides.

Sec. 4.

Minnesota Statutes 2008, section 147C.15, is amended to read:

147C.15 deleted text begin REGISTRATION deleted text end new text begin LICENSURE new text end REQUIREMENTS.

Subdivision 1.

General requirements for deleted text begin registration deleted text end new text begin licensure new text end .

To be eligible
for deleted text begin registration deleted text end new text begin a license new text end , an applicant, with the exception of those seeking deleted text begin registration deleted text end new text begin
licensure new text end by reciprocity under subdivision 2, must:

(1) submit a completed application on forms provided by the board along with all
fees required under section 147C.40 that includes:

(i) the applicant's name, Social Security number, home address new text begin , e-mail address, new text end and
telephone number, and business address and telephone number;

(ii) the name and location of the respiratory deleted text begin care deleted text end new text begin therapy new text end education program the
applicant completed;

(iii) a list of degrees received from educational institutions;

(iv) a description of the applicant's professional training beyond the first degree
received;

(v) the applicant's work history for the five years preceding the application, including
the average number of hours worked per week;

(vi) a list of registrations, certifications, and licenses held in other jurisdictions;

(vii) a description of any other jurisdiction's refusal to credential the applicant;

(viii) a description of all professional disciplinary actions initiated against the
applicant in any jurisdiction; and

(ix) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;

(2) submit a certificate of completion from an approved education program;

(3) achieve a qualifying score on a credentialing examination within five years
prior to application for registration;

(4) submit a verified copy of a valid and current credential, issued by the National
Board for Respiratory Care or other board-approved national organization, as a certified
respiratory deleted text begin therapy technician deleted text end new text begin therapist new text end , registered respiratory therapist, or other entry or
advanced level respiratory deleted text begin care practitioner deleted text end new text begin therapist new text end designation;

(5) submit additional information as requested by the board, including providing
any additional information necessary to ensure that the applicant is able to practice with
reasonable skill and safety to the public;

(6) sign a statement that the information in the application is true and correct to the
best of the applicant's knowledge and belief; and

(7) sign a waiver authorizing the board to obtain access to the applicant's records
in this or any other state in which the applicant has completed an approved education
program or engaged in the practice of respiratory deleted text begin care deleted text end new text begin therapy new text end .

Subd. 2.

deleted text begin Registration deleted text end new text begin Licensure new text end by reciprocity.

To be eligible for deleted text begin registration deleted text end new text begin
licensure new text end by reciprocity, the applicant must be credentialed by the National Board for
Respiratory Care or other board-approved organization and have worked at least eight
weeks of the previous five years as a respiratory deleted text begin care practitioner deleted text end new text begin therapist new text end and must:

(1) submit the application materials and fees as required by subdivision 1, clauses
(1), (4), (5), (6), and (7);

(2) provide a verified copy from the appropriate government body of a current and
unrestricted credential new text begin or license new text end for the practice of respiratory deleted text begin care deleted text end new text begin therapy new text end in another
jurisdiction that has initial credentialing requirements equivalent to or higher than the
requirements in subdivision 1; and

(3) provide letters of verification from the appropriate government body in each
jurisdiction in which the applicant holds a credential new text begin or license new text end . Each letter must state the
applicant's name, date of birth, credential number, date of issuance, a statement regarding
disciplinary actions, if any, taken against the applicant, and the terms under which the
credential was issued.

Subd. 3.

Temporary permit.

The board may issue a temporary permit to practice
as a respiratory deleted text begin care practitioner deleted text end new text begin therapist new text end to an applicant eligible for deleted text begin registration deleted text end new text begin
licensure new text end under this section if the application for deleted text begin registration deleted text end new text begin licensure new text end is complete, all
applicable requirements in this section have been met, and a nonrefundable fee set by
the board has been paid. The permit remains valid only until the meeting of the board
at which a decision is made on the respiratory deleted text begin care practitioner's deleted text end new text begin therapist's new text end application
for deleted text begin registration deleted text end new text begin licensure new text end .

deleted text begin Subd. 4. deleted text end

deleted text begin Temporary registration. deleted text end

deleted text begin The board may issue temporary registration as a
respiratory care practitioner for a period of one year to an applicant for registration under
this section if the application for registration is complete, all applicable requirements
have been met with exception of completion of a credentialing examination, and a
nonrefundable fee set by the board has been paid. A respiratory care practitioner with
temporary registration may qualify for full registration status upon submission of verified
documentation that the respiratory care practitioner has achieved a qualifying score on a
credentialing examination within one year after receiving temporary registration status.
Temporary registration may not be renewed.
deleted text end

deleted text begin Subd. 5. deleted text end

deleted text begin Practice limitations with temporary registration. deleted text end

deleted text begin A respiratory care
practitioner with temporary registration is limited to working under the direct supervision
of a registered respiratory care practitioner or physician able to provide qualified medical
direction. The respiratory care practitioner or physician must be present in the health care
facility or readily available by telecommunication at the time the respiratory care services
are being provided. A registered respiratory care practitioner may supervise no more than
two respiratory care practitioners with temporary registration status.
deleted text end

Subd. 6.

deleted text begin Registration deleted text end new text begin License new text end expiration.

deleted text begin Registrations deleted text end new text begin Licenses new text end issued under this
chapter expire annually.

Subd. 7.

Renewal.

(a) To be eligible for deleted text begin registration deleted text end new text begin license new text end renewal a deleted text begin registrant deleted text end new text begin
licensee new text end must:

(1) annually, or as determined by the board, complete a renewal application on a
form provided by the board;

(2) submit the renewal fee;

(3) provide evidence every two years of a total of 24 hours of continuing education
approved by the board as described in section 147C.25; and

(4) submit any additional information requested by the board to clarify information
presented in the renewal application. The information must be submitted within 30 days
after the board's request, or the renewal request is nullified.

(b) Applicants for renewal who have not practiced the equivalent of eight full weeks
during the past five years must achieve a passing score on retaking the credentialing
examination deleted text begin , or complete no less than eight weeks of advisory council-approved
supervised clinical experience having a broad base of treatment modalities and patient care deleted text end .

Subd. 8.

Change of address.

A deleted text begin registrant deleted text end new text begin licensee new text end who changes addresses must
inform the board within 30 days, in writing, of the change of address. All notices or
other correspondence mailed to or served on a deleted text begin registrant deleted text end new text begin licensee new text end by the board at the
deleted text begin registrant's deleted text end new text begin licensee's new text end address on file with the board shall be considered as having been
received by the deleted text begin registrant deleted text end new text begin licensee new text end .

Subd. 9.

deleted text begin Registration deleted text end new text begin License new text end renewal notice.

At least 30 days before the
deleted text begin registration deleted text end new text begin license new text end renewal date, the board shall send out a renewal notice to the last
known address of the deleted text begin registrant deleted text end new text begin licensee new text end on file. The notice must include a renewal
application and a notice of fees required for renewal. It must also inform the deleted text begin registrant deleted text end new text begin
licensee new text end that deleted text begin registration deleted text end new text begin the license new text end will expire without further action by the board if an
application for deleted text begin registration deleted text end new text begin license new text end renewal is not received before the deadline for renewal.
The deleted text begin registrant's deleted text end new text begin licensee's new text end failure to receive this notice shall not relieve the deleted text begin registrant deleted text end new text begin
licensee new text end of the obligation to meet the deadline and other requirements for deleted text begin registration deleted text end new text begin
license new text end renewal. Failure to receive this notice is not grounds for challenging expiration of
deleted text begin registered deleted text end new text begin licensure new text end status.

Subd. 10.

Renewal deadline.

The renewal application and fee must be postmarked
on or before July 1 of the year of renewal or as determined by the board. If the postmark is
illegible, the application shall be considered timely if received by the third working day
after the deadline.

deleted text begin Subd. 11. deleted text end

deleted text begin Inactive status and return to active status. deleted text end

deleted text begin (a) A registration may be
placed in inactive status upon application to the board by the registrant and upon payment
of an inactive status fee.
deleted text end

deleted text begin (b) Registrants seeking restoration to active from inactive status must pay the current
renewal fees and all unpaid back inactive fees. They must meet the criteria for renewal
specified in subdivision 7, including continuing education hours equivalent to one hour for
each month of inactive status, prior to submitting an application to regain registered status.
If the inactive status extends beyond five years, a qualifying score on a credentialing
examination, or completion of an advisory council-approved eight-week supervised
clinical training experience is required. If the registrant intends to regain active registration
by means of eight weeks of advisory council-approved clinical training experience, the
registrant shall be granted temporary registration for a period of no longer than six months.
deleted text end

Subd. 12.

deleted text begin Registration deleted text end new text begin Licensure new text end following lapse of deleted text begin registration deleted text end new text begin licensed new text end status
for two years or less.

For any individual whose deleted text begin registration status deleted text end new text begin license new text end has lapsed for
two years or less, to regain deleted text begin registration status deleted text end new text begin a license new text end , the individual must:

(1) apply for deleted text begin registration deleted text end new text begin license new text end renewal according to subdivision 7;

(2) document compliance with the continuing education requirements of section
147C.25 since the deleted text begin registrant's deleted text end new text begin licensee's new text end initial deleted text begin registration deleted text end new text begin licensure new text end or last renewal; and

(3) submit the fees required under section 147C.40 for the period not deleted text begin registered deleted text end new text begin
licensed new text end , including the fee for late renewal.

Subd. 13.

Cancellation due to nonrenewal.

The board shall not renew, reissue,
reinstate, or restore a deleted text begin registration deleted text end new text begin license new text end that has lapsed and has not been renewed within
two annual deleted text begin registration deleted text end renewal cycles deleted text begin starting July 1997 deleted text end . A deleted text begin registrant deleted text end new text begin licensee new text end whose
deleted text begin registration deleted text end new text begin license new text end is canceled for nonrenewal must obtain a new deleted text begin registration deleted text end new text begin license new text end by
applying for deleted text begin registration deleted text end new text begin licensure new text end and fulfilling all requirements then in existence for
initial deleted text begin registration deleted text end new text begin licensure new text end as a respiratory deleted text begin care practitioner deleted text end new text begin therapist new text end .

Subd. 14.

Cancellation of deleted text begin registration deleted text end new text begin license new text end in good standing.

(a) A registrant new text begin
licensee new text end holding new text begin an new text end active deleted text begin registration deleted text end new text begin license new text end as a respiratory deleted text begin care practitioner deleted text end new text begin therapist new text end in
the state may, upon approval of the board, be granted deleted text begin registration deleted text end new text begin license new text end cancellation if
the board is not investigating the person as a result of a complaint or information received
or if the board has not begun disciplinary proceedings against the deleted text begin registrant deleted text end new text begin licensee new text end .
Such action by the board shall be reported as a cancellation of deleted text begin registration deleted text end new text begin a license new text end in
good standing.

(b) A deleted text begin registrant deleted text end new text begin licensee new text end who receives board approval for deleted text begin registration deleted text end new text begin license new text end
cancellation is not entitled to a refund of any deleted text begin registration deleted text end new text begin licensure new text end fees paid for the
deleted text begin registration deleted text end new text begin license new text end year in which cancellation of the deleted text begin registration deleted text end new text begin license new text end occurred.

(c) To obtain deleted text begin registration deleted text end new text begin a license new text end after cancellation, a deleted text begin registrant deleted text end new text begin licensee new text end must
obtain a new deleted text begin registration deleted text end new text begin license new text end by applying for deleted text begin registration deleted text end new text begin licensure new text end and fulfilling the
requirements then in existence for obtaining initial deleted text begin registration deleted text end new text begin licensure new text end as a respiratory
deleted text begin care practitioner deleted text end new text begin therapist new text end .

Sec. 5.

Minnesota Statutes 2008, section 147C.20, is amended to read:

147C.20 BOARD ACTION ON APPLICATIONS FOR deleted text begin REGISTRATION deleted text end new text begin
LICENSURE new text end .

(a) The board shall act on each application for deleted text begin registration deleted text end new text begin licensure new text end according
to paragraphs (b) to (d).

(b) The board shall determine if the applicant meets the requirements for deleted text begin registration deleted text end new text begin
licensure new text end under section 147C.15. The board or advisory council may investigate
information provided by an applicant to determine whether the information is accurate
and complete.

(c) The board shall notify each applicant in writing of action taken on the application,
the grounds for denying deleted text begin registration deleted text end new text begin licensure new text end if deleted text begin registration deleted text end new text begin licensure new text end is denied, and the
applicant's right to review under paragraph (d).

(d) Applicants denied deleted text begin registration deleted text end new text begin licensure new text end may make a written request to the
board, within 30 days of the board's notice, to appear before the advisory council new text begin or its
designee new text end and for the advisory council to review the board's decision to deny the applicant's
deleted text begin registration deleted text end new text begin licensure new text end . After reviewing the denial, the advisory council shall make a
recommendation to the board as to whether the denial shall be affirmed. Each applicant is
allowed only one request for review per yearly deleted text begin registration deleted text end new text begin licensure new text end period.

Sec. 6.

Minnesota Statutes 2008, section 147C.25, is amended to read:

147C.25 CONTINUING EDUCATION REQUIREMENTS.

Subdivision 1.

Number of required contact hours.

Two years after the date
of initial deleted text begin registration deleted text end new text begin licensure new text end , and every two years thereafter, a deleted text begin registrant deleted text end new text begin licensee new text end
applying for deleted text begin registration deleted text end new text begin license new text end renewal must complete a minimum of 24 contact hours
of board-approved continuing education in the two years preceding deleted text begin registration deleted text end new text begin license new text end
renewal and attest to completion of continuing education requirements by reporting to
the board.

Subd. 2.

Approved programs.

The board shall approve continuing education
programs that have been approved for continuing education credit by the American
Association of Respiratory Care or the Minnesota Society for Respiratory Care or their
successor organizations. The board shall also approve programs substantially related to
respiratory deleted text begin care deleted text end new text begin therapy new text end that are sponsored by an accredited university or college, medical
school, state or national medical association, national medical specialty society, or that are
approved for continuing education credit by the Minnesota Board of Nursing.

Subd. 3.

Approval of continuing education programs.

The board shall also
approve continuing education programs that do not meet the requirements of subdivision 2
but that meet the following criteria:

(1) the program content directly relates to the practice of respiratory deleted text begin care deleted text end new text begin therapy new text end ;

(2) each member of the program faculty is knowledgeable in the subject matter as
demonstrated by a degree from an accredited education program, verifiable experience in
the field of respiratory deleted text begin care deleted text end new text begin therapy new text end , special training in the subject matter, or experience
teaching in the subject area;

(3) the program lasts at least one contact hour;

(4) there are specific, measurable, written objectives, consistent with the program,
describing the expected outcomes for the participants; and

(5) the program sponsor has a mechanism to verify participation and maintains
attendance records for three years.

Subd. 4.

Hospital, health care facility, or medical company in-services.

Hospital,
health care facility, or medical company in-service programs may qualify for continuing
education credits provided they meet the requirements of this section.

Subd. 5.

Accumulation of contact hours.

A deleted text begin registrant deleted text end new text begin licensee new text end may not apply
contact hours acquired in one two-year reporting period to a future continuing education
reporting period.

Subd. 6.

Verification of continuing education credits.

The board shall periodically
select a random sample of deleted text begin registrants deleted text end new text begin licensees new text end and require those deleted text begin registrants deleted text end new text begin licensees new text end to
supply the board with evidence of having completed the continuing education to which
they attested. Documentation may come directly from the deleted text begin registrant deleted text end new text begin licensee new text end or from state
or national organizations that maintain continuing education records.

Subd. 7.

Restriction on continuing education topics.

A deleted text begin registrant deleted text end new text begin licensee new text end may
apply no more than a combined total of eight hours of continuing education in the areas
of management, risk management, personal growth, and educational techniques to a
two-year reporting period.

Subd. 8.

Credit for credentialing examination.

A deleted text begin registrant deleted text end new text begin licensee new text end may fulfill
the continuing education requirements for a two-year reporting period by achieving a
qualifying score on one of the credentialing examinations or a specialty credentialing
examination of the National Board for Respiratory Care or another board-approved testing
organization. A deleted text begin registrant deleted text end new text begin licensee new text end may achieve 12 hours of continuing education credit
by completing a National Board for Respiratory Care or other board-approved testing
organization's specialty examination.

Sec. 7.

Minnesota Statutes 2008, section 147C.30, is amended to read:

147C.30 DISCIPLINE; REPORTING.

For purposes of this chapter, deleted text begin registered deleted text end new text begin licensed new text end respiratory deleted text begin care practitioners deleted text end
new text begin therapists new text end and applicants are subject to the provisions of sections 147.091 to 147.162.

Sec. 8.

Minnesota Statutes 2008, section 147C.35, is amended to read:

147C.35 RESPIRATORY CARE deleted text begin PRACTITIONER deleted text end ADVISORY COUNCIL.

Subdivision 1.

Membership.

The board shall appoint a seven-member Respiratory
Care deleted text begin Practitioner deleted text end Advisory Council consisting of two public members as defined in section
214.02, three deleted text begin registered deleted text end new text begin licensed new text end respiratory deleted text begin care practitioners deleted text end new text begin therapists new text end , and two licensed
physicians with expertise in respiratory care.

Subd. 2.

Organization.

The advisory council shall be organized and administered
under section 15.059.

Subd. 3.

Duties.

The advisory council shall:

(1) advise the board regarding standards for respiratory deleted text begin care practitioners deleted text end new text begin therapists new text end ;

(2) provide for distribution of information regarding respiratory deleted text begin care practitioner deleted text end new text begin
therapy new text end standards;

(3) advise the board on enforcement of sections 147.091 to 147.162;

(4) review applications and recommend granting or denying deleted text begin registration deleted text end new text begin licensure new text end
or deleted text begin registration deleted text end new text begin license new text end renewal;

(5) advise the board on issues related to receiving and investigating complaints,
conducting hearings, and imposing disciplinary action in relation to complaints against
respiratory deleted text begin care practitioners deleted text end new text begin therapists new text end ;

(6) advise the board regarding approval of continuing education programs using the
criteria in section 147C.25, subdivision 3; and

(7) perform other duties authorized for advisory councils by chapter 214, as directed
by the board.

Sec. 9.

Minnesota Statutes 2008, section 147C.40, is amended to read:

147C.40 FEES.

Subdivision 1.

Fees.

The board shall adopt rules setting:

(1) deleted text begin registration deleted text end new text begin licensure new text end fees;

(2) renewal fees;

(3) late fees;

(4) inactive status fees; new text begin and
new text end

(5) fees for temporary permits deleted text begin ; and
deleted text end

deleted text begin (6) fees for temporary registration deleted text end .

Subd. 2.

Proration of fees.

The board may prorate the initial annual deleted text begin registration deleted text end new text begin
license new text end fee. All deleted text begin registrants deleted text end new text begin licensees new text end are required to pay the full fee upon deleted text begin registration deleted text end new text begin
license new text end renewal.

Subd. 3.

Penalty fee for late renewals.

An application for deleted text begin registration deleted text end new text begin license new text end
renewal submitted after the deadline must be accompanied by a late fee in addition to the
required fees.

Subd. 4.

Nonrefundable fees.

All of the fees in subdivision 1 are nonrefundable.