2007 Minnesota Statutes

CHAPTER 147C. RESPIRATORY CARE PRACTITIONERS

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 Practitioner
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, permit, certification, registration, 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 or other national testing organization
approved by the board for credentialing as a certified respiratory therapy technician, registered
respiratory therapist, 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, 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 guidance of qualified medical direction and pursuant to a referral from a physician who
has medical responsibility for the patient. It includes education pertaining to health promotion and
disease prevention, patient care, and treatment.
History: 1997 c 120 s 2

147C.05 SCOPE OF PRACTICE.
(a) The practice of respiratory care by a registered respiratory care practitioner 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 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; and
(10) transcribing and implementing physician orders for respiratory care services.
(b) Patient service by a practitioner must be limited to:
(1) services within the training and experience of the practitioner; and
(2) services within the parameters of the laws, rules, and standards of the facilities in which
the respiratory care practitioner practices.
(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.
(d) This section does not prohibit an individual licensed or registered 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.
History: 1997 c 120 s 3; 2005 c 147 art 6 s 3

147C.10 PROTECTED TITLES AND RESTRICTIONS ON USE.
    Subdivision 1. Protected titles. No individual may use the title "Minnesota registered
respiratory care practitioner," "registered respiratory care practitioner," "respiratory care
practitioner," "respiratory therapist," "respiratory therapy (or care) technician," "inhalation
therapist," or "inhalation therapy technician," or use, in connection with the individual's name, the
letters "RCP," or any other titles, words, letters, abbreviations, or insignia indicating or implying
that the individual is eligible for registration by the state as a respiratory care practitioner unless
the individual has been registered as a respiratory care practitioner according to this chapter.
    Subd. 2. Other health care practitioners. (a) 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.
(b) Physician practitioners are exempt from this chapter.
(c) Nothing in this chapter shall be construed to require registration of:
(1) a respiratory care practitioner student enrolled in a respiratory therapy education program
accredited by the Commission on Accreditation of Allied Health Education Programs or another
accrediting organization approved by the board; and
(2) a respiratory care practitioner employed in the service of the federal government while
performing duties incident to that employment.
    Subd. 3. Penalty. A person who violates subdivision 1 is guilty of a gross misdemeanor.
    Subd. 4. Identification of registered practitioners. Respiratory care practitioners registered
in Minnesota shall wear name tags that identify them as respiratory care practitioners while in a
professional setting. If not written in full, this must be designated as RCP. A student attending
a respiratory therapy training program or a tutorial intern program must be identified as a
student respiratory care practitioner. This abbreviated designation is Student RCP. Unregulated
individuals who work in an assisting respiratory role under the supervision of respiratory care
practitioners must be identified as respiratory care assistants or aides.
History: 1997 c 120 s 4

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

147C.20 BOARD ACTION ON APPLICATIONS FOR REGISTRATION.
(a) The board shall act on each application for registration according to paragraphs (b) to (d).
(b) The board shall determine if the applicant meets the requirements for registration 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 registration if registration is denied, and the applicant's right to review
under paragraph (d).
(d) Applicants denied registration may make a written request to the board, within 30 days of
the board's notice, to appear before the advisory council and for the advisory council to review
the board's decision to deny the applicant's registration. 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 registration period.
History: 1997 c 120 s 6

147C.25 CONTINUING EDUCATION REQUIREMENTS.
    Subdivision 1. Number of required contact hours. Two years after the date of initial
registration, and every two years thereafter, a registrant applying for registration renewal must
complete a minimum of 24 contact hours of board-approved continuing education in the two years
preceding registration 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 care 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 care;
(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 care, 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 registrant 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 registrants and require those registrants to supply the board with evidence of
having completed the continuing education to which they attested. Documentation may come
directly from the registrant or from state or national organizations that maintain continuing
education records.
    Subd. 7. Restriction on continuing education topics. A registrant 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 registrant 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 registrant 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.
History: 1997 c 120 s 7

147C.30 DISCIPLINE; REPORTING.
For purposes of this chapter, registered respiratory care practitioners and applicants are
subject to the provisions of sections 147.091 to 147.162.
History: 1997 c 120 s 8

147C.35 RESPIRATORY CARE PRACTITIONER ADVISORY COUNCIL.
    Subdivision 1. Membership. The board shall appoint a seven-member Respiratory Care
Practitioner Advisory Council consisting of two public members as defined in section 214.02,
three registered respiratory care practitioners, 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 care practitioners;
(2) provide for distribution of information regarding respiratory care practitioner standards;
(3) advise the board on enforcement of sections 147.091 to 147.162;
(4) review applications and recommend granting or denying registration or registration
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 care
practitioners;
(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.
History: 1997 c 120 s 9; 2001 c 31 s 1; 2003 c 87 s 2; 2007 c 123 s 9

147C.40 FEES.
    Subdivision 1. Fees. The board shall adopt rules setting:
(1) registration fees;
(2) renewal fees;
(3) late fees;
(4) inactive status fees;
(5) fees for temporary permits; and
(6) fees for temporary registration.
    Subd. 2. Proration of fees. The board may prorate the initial annual registration fee. All
registrants are required to pay the full fee upon registration renewal.
    Subd. 3. Penalty fee for late renewals. An application for registration 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.
History: 1997 c 120 s 10