Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 422.36a - Respiratory therapist licenses and permits(a) General rule.--A respiratory therapist license issued by the board empowers the holder to practice respiratory care under the supervision of a licensed medical doctor or a licensed doctor of osteopathic medicine. In a health care facility, that supervision may consist of standing orders or protocols approved by the institution, consistent with acceptable and prevailing medical standards, which may include services rendered directly to the patient in his home or other residence.(b) Temporary permits.--The board shall issue temporary permits for the practice of respiratory care to individuals who have applied for licensure from the board and who meet any of the following requirements: (1) Graduation from an accredited respiratory care training program recognized by the board.(2) Enrollment in an accredited respiratory care training program recognized by the board, if the individual is expected to graduate within 30 days from the date of application.(3) Recognition as a credentialed respiratory therapist as approved by the board.(c) Duration and effect of temporary permits.--Temporary permits shall be valid for a period of 12 months and for such additional period as the board may, in each case, specially determine, except that a temporary permit shall expire if the holder fails the examination. An appropriate fee for a temporary permit shall be established by the board by regulation. If the temporary permit holder is not in violation of any other provision of this act, a holder of a temporary permit qualifies for admission to the examination and shall apply for the next regularly scheduled licensure examination administered by the board. The board is authorized to promulgate regulations to establish procedures for application, credentials verification, examination and licensure, together with appropriate fees.(d) Examination.-- Pursuant to section 812.1 of the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929, the board shall contract for the development and administration of an examination for the licensure of respiratory therapists. The examination shall be given at least twice per year.(e) Biennial renewal.--A respiratory therapist license shall be renewed biennially upon application on a form prescribed by the board and upon payment of a renewal fee adopted by the board by regulation.(f) Continuing education.--(1) The board shall adopt, promulgate and enforce rules and regulations consistent with the provisions of this act establishing requirements of continuing education to be met by individuals holding licensure as respiratory therapists under this act as a condition of biennial license renewal. The regulations shall include any fees necessary for the board to carry out its responsibilities under this section.(2) Beginning with the first biennial license renewal period following promulgation of regulations, license holders shall be required to attend and complete 30 hours of mandatory continuing education during each two-year license period. At least one credit hour shall be in ethics, and one credit hour shall be in patient safety.(3) An individual applying for the first time for licensure in this Commonwealth shall be exempted from the continuing education requirement for the biennial renewal period in which licensure is obtained.(4) The board shall, by regulation, provide for the waiver of continuing education requirements in case of illness, hardship and armed services duties. A request for waiver shall be evaluated on a case-by-case basis.(5) A licensee seeking to reinstate an inactive or lapsed license shall show proof of compliance with the continuing education requirement for the preceding biennium.(6) All courses, locations, instructors and providers shall be approved by the board. No credit shall be given for any course in office management or practice building.1985, Dec. 20, P.L. 457, No. 112, § 36.1, added 1993, July 2, P.L. 424, No. 60, § 3, effective in 180 days. Amended 2004, July 2, P.L. 484, No. 55, §1, effective 8/31/2004; 2008, July 4, P.L. 580, No. 45, §7, effective in 60 days [ 9/2/2008].