2006 Minnesota Statutes

147C.15 REGISTRATION REQUIREMENTS.
    Subdivision 1. General requirements for registration. To be eligible for registration, an
applicant, with the exception of those seeking registration 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 and telephone number,
and business address and telephone number;
(ii) the name and location of the respiratory care 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
therapy technician, registered respiratory therapist, or other entry or advanced level respiratory
care practitioner 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 care.
    Subd. 2. Registration by reciprocity. To be eligible for registration 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 care practitioner 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 for the practice of respiratory care 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. 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 care practitioner to an applicant eligible for registration under this section if the
application for registration 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 care practitioner's
application for registration.
    Subd. 4. Temporary registration. 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.
    Subd. 5. Practice limitations with temporary registration. 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.
    Subd. 6. Registration expiration. Registrations issued under this chapter expire annually.
    Subd. 7. Renewal. (a) To be eligible for registration renewal a registrant 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, or
complete no less than eight weeks of advisory council-approved supervised clinical experience
having a broad base of treatment modalities and patient care.
    Subd. 8. Change of address. A registrant 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 registrant by the board at the registrant's address on file with the board shall be
considered as having been received by the registrant.
    Subd. 9. Registration renewal notice. At least 30 days before the registration renewal
date, the board shall send out a renewal notice to the last known address of the registrant on
file. The notice must include a renewal application and a notice of fees required for renewal. It
must also inform the registrant that registration will expire without further action by the board
if an application for registration renewal is not received before the deadline for renewal. The
registrant's failure to receive this notice shall not relieve the registrant of the obligation to meet
the deadline and other requirements for registration renewal. Failure to receive this notice is not
grounds for challenging expiration of registered 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.
    Subd. 11. Inactive status and return to active status. (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.
(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.
    Subd. 12. Registration following lapse of registration status for two years or less. For
any individual whose registration status has lapsed for two years or less, to regain registration
status, the individual must:
(1) apply for registration renewal according to subdivision 7;
(2) document compliance with the continuing education requirements of section 147C.25
since the registrant's initial registration or last renewal; and
(3) submit the fees required under section 147C.40 for the period not registered, including
the fee for late renewal.
    Subd. 13. Cancellation due to nonrenewal. The board shall not renew, reissue, reinstate, or
restore a registration that has lapsed and has not been renewed within two annual registration
renewal cycles starting July 1997. A registrant whose registration is canceled for nonrenewal
must obtain a new registration by applying for registration and fulfilling all requirements then in
existence for initial registration as a respiratory care practitioner.
    Subd. 14. Cancellation of registration in good standing. (a) A registrant holding active
registration as a respiratory care practitioner in the state may, upon approval of the board, be
granted registration 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 registrant. Such action by the board shall be reported as a cancellation of registration in
good standing.
(b) A registrant who receives board approval for registration cancellation is not entitled
to a refund of any registration fees paid for the registration year in which cancellation of the
registration occurred.
(c) To obtain registration after cancellation, a registrant must obtain a new registration by
applying for registration and fulfilling the requirements then in existence for obtaining initial
registration as a respiratory care practitioner.
History: 1997 c 120 s 5