Bill Text: CT SB00403 | 2018 | General Assembly | Introduced

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Bill Title: An Act Concerning Respiratory Care Practitioners.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-03-26 - Vote to Hold Until Next Meeting [SB00403 Detail]

Download: Connecticut-2018-SB00403-Introduced.html

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General Assembly		Raised Bill No. 403
February Session, 2018		LCO No. 1964
		*01964_______PH_*
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)

AN ACT CONCERNING RESPIRATORY CARE PRACTITIONERS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 20-162n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

As used in subsection (c) of section 19a-14, this section, and sections 20-162o to 20-162q, inclusive, as amended by this act:

[(a)] (1) "Commissioner" means the Commissioner of Public Health;

[(b)] (2) "Respiratory care" means health care under the direction of a physician licensed pursuant to chapter 370 or an advanced practice registered nurse licensed pursuant to chapter 378 and in accordance with written protocols developed by such physician or advanced practice registered nurse, employed in the therapy, management, rehabilitation, diagnostic evaluation and care of patients with deficiencies and abnormalities that affect the cardiopulmonary system and associated aspects of other system functions and that includes the following: [(1)] (A) The therapeutic and diagnostic use of medical gases, administering apparatus, humidification and aerosols, administration of drugs and medications used to treat the cardiorespiratory systems, ventilatory assistance and ventilatory control, postural drainage, chest physiotherapy and breathing exercises, respiratory rehabilitation, cardiopulmonary resuscitation and maintenance of natural airways as well as the insertion and maintenance of artificial airways, [(2)] (B) the specific testing techniques employed in respiratory therapy to assist in diagnosis, monitoring, treatment and research, including the measurement of ventilatory volumes, pressures and flows, specimen collection of blood and other materials, pulmonary function testing and hemodynamic and other related physiological monitoring of cardiopulmonary systems, including the percutaneous insertion and monitoring and maintenance of arterial catheters and the monitoring and maintenance of other cardiovascular indwelling catheters, including central venous and pulmonary artery catheters, [(3)] (C) performance of a purified protein derivative test to identify exposure to tuberculosis, [and (4)] (D) patient education in self-care procedures as part of the ongoing program of respiratory care of such patient, (E) the administration of influenza and pneumonia vaccinations, (F) the insertion of intravenous and intraosseous catheters in appropriately identified health care settings, including medical evacuation and transport vehicles, outpatient bronchoscopy facilities and long-term care and rehabilitation facilities, provided the respiratory care practitioner has completed a competency-based training and education program in the insertion and maintenance of such catheters, (G) the insertion of nasogastric tubes, including such tubes used for the purpose of sensing diaphragmatic movements, and (H) the monitoring and maintenance of all forms of extracorporeal life support, including, but not limited to, extracorporeal membrane oxygenation and extracorporeal carbon dioxide removal in appropriately identified health care settings, including, adult, pediatric and neonatal intensive care units, provided the respiratory care practitioner (i) successfully completed the examination leading to the registered respiratory therapist credential and is recognized as a registered respiratory therapist by the National Board for Respiratory Care, (ii) has clinical experience in neonatal, pediatric or adult critical care, (iii) completed education and training to practice as an extracorporeal membrane oxygenation specialist in accordance with the Extracorporeal Life Support Organization's guidelines for training and continuing education of such specialists, and (iv) practices as an extracorporeal membrane oxygenation specialist under the direction and supervision of a licensed physician trained in extracorporeal membrane oxygenation. The practice of respiratory therapy is not limited to the hospital setting; and

[(c)] (3) "Respiratory care practitioner" means a person who is licensed to practice respiratory care in this state pursuant to section 20-162o, as amended by this act, and who may transcribe and implement written and verbal orders for respiratory care issued by a physician licensed pursuant to chapter 370, or a physician assistant licensed pursuant to chapter 370 or an advanced practice registered nurse licensed pursuant to chapter 378 who is functioning within the person's respective scope of practice.

Sec. 2. Section 20-162o of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) Each person seeking licensure as a respiratory care practitioner shall make application on forms prescribed by the commissioner, pay an application fee of one hundred ninety dollars and present to the commissioner satisfactory evidence that (1) [he] such person has successfully completed an educational program for respiratory therapists or respiratory therapy technicians which, at the time of [his] such person's completion, was accredited by the Committee on Allied Health Education and Accreditation, or the Commission on Accreditation of Allied Health Education Programs, in cooperation with the Joint Review Committee for Respiratory Therapy Education, or was recognized by the Joint Review Committee for Respiratory Therapy Education or accredited by the Commission on the Accreditation for Respiratory Care, (2) [he has passed the entry level or advanced practitioner respiratory care examination] such person is credentialed as a certified respiratory therapist or registered respiratory therapist as demonstrated by achieving a passing score on the entry level or advanced practitioner respiratory care examination administered by the National Board for Respiratory Care. [, Inc., and (3) he is currently credentialed by the National Board for Respiratory Care as a certified respiratory therapy technician or registered respiratory therapist.]

[(b) Notwithstanding the provisions of subsection (a) of this section, the department may issue a license as a respiratory care practitioner to a person who (1) was credentialed by the National Board for Respiratory Care as a certified respiratory therapy technician not later than June 30, 1978, or as a registered respiratory therapist not later than June 30, 1971, and (2) meets the requirements of subdivisions (2) and (3) of subsection (a) of this section. Each person seeking licensure pursuant to this subsection shall make application on forms prescribed by the commissioner, pay an application fee of one hundred ninety dollars and present to the commissioner satisfactory evidence of his credentialing by said board.]

[(c)] (b) Notwithstanding the provisions of subsection (a) of this section, the department may issue a license as a respiratory care practitioner to a person who (1) has been registered as a respiratory therapist by the Canadian Society of Respiratory Therapists, (2) has passed the clinical simulation examination of the National Board for Respiratory Care, and (3) is currently credentialed by said board as a registered respiratory therapist. Each person seeking licensure pursuant to this subsection shall make application on forms prescribed by the commissioner, pay an application fee of one hundred ninety dollars and present to the commissioner satisfactory evidence of his credentialing by said society and said board.

[(d)] (c) The department may, upon receipt of an application for respiratory care licensure, accompanied by the licensure application fee of one hundred ninety dollars, issue a temporary permit to a person who has completed an educational program in respiratory care which satisfies the requirements of subdivision (1) of subsection (a) of this section. Such temporary permit shall authorize the permittee to practice as a respiratory care practitioner under the supervision of a person licensed pursuant to this section. Such practice shall be limited to those settings where the licensed supervisor is physically present on the premises and is immediately available to render assistance and supervision as needed, to the permittee. Such temporary permit shall be valid from the date of issuance of same until the date of issuance of the results of the first examination administered pursuant to subdivision (2) of subsection (a) of this section, following the permittee's completion of said educational program in respiratory care. Such permit shall remain valid for each person who passes said examination until the permittee receives their license from the department. Such permit shall become void and shall not be reissued in the event that the permittee fails to pass said examination. No permit shall be issued to any person who has previously failed said examination or who is the subject of an unresolved complaint or pending professional disciplinary action. Violation of the restrictions on practice set forth in this section may constitute a basis for denial of licensure as a respiratory care practitioner.

[(e) Notwithstanding the provisions of subsection (a) of this section, from July 1, 1995, until July 1, 1996, a person seeking licensure pursuant to this section may present to the department satisfactory evidence that he has, from July 1, 1980, until July 1, 1995, practiced as a respiratory care practitioner for at least ten years and has been determined eligible by the National Board for Respiratory Care, Inc. to sit for the examination required pursuant to subdivision (2) of subsection (a) of this section, provided any license issued pursuant to this subsection shall become void on October 1, 1997, unless the person has, on or before that date, presented to the department satisfactory evidence that he has met the requirements of subdivisions (2) and (3) of subsection (a) of this section.]

[(f)] (d) Licenses shall be renewed annually in accordance with the provisions of section 19a-88. The fee for renewal shall be one hundred five dollars.

[(g)] (e) No license shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in this or any other state or territory.

[(h)] (f) The commissioner may adopt regulations in accordance with the provisions of chapter 54 to administer provisions of sections 20-162n to 20-162q, inclusive, as amended by this act.

Sec. 3. Subsection (b) of section 20-162r of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2019):

(b) Except as otherwise provided in this section, for registration periods beginning on and after [October 1, 2007] January 1, 2019, a licensee applying for license renewal shall earn a minimum of [six] ten hours of continuing education within the preceding registration period. Such continuing education shall (1) be directly related to respiratory therapy; [and] (2) reflect the professional needs of the licensee in order to meet the health care needs of the public; and (3) include a minimum of at least five hours of real-time education with opportunities for live interaction, including, but not limited to, in-person conferences or real-time webinars. Qualifying continuing education activities include, but are not limited to, courses, including on-line courses, offered or approved by the American Association for Respiratory Care, regionally accredited institutions of higher education, or a state or local health department.

Sec. 4. Subsection (f) of section 20-162r of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2019):

(f) Any licensee whose license has become void pursuant to section 19a-88 and who applies to the department for reinstatement of such license pursuant to section 19a-14 shall submit evidence documenting successful completion of [six] ten contact hours of qualifying continuing education within the one-year period immediately preceding application for reinstatement.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2018	20-162n
Sec. 2	October 1, 2018	20-162o
Sec. 3	January 1, 2019	20-162r(b)
Sec. 4	January 1, 2019	20-162r(f)

Statement of Purpose:

To redefine the scope of practice of and revise the continuing education requirements for respiratory care practitioners.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]