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NEWS FROM THE BOARD
Board
Approves Position Statement
April
10, 2008
The
Board approved a Position Statement “The Provision Of Respiratory
Care and Its Relationship to the Provision of Respiratory Care Equipment
in the Home”. The Position Statement defines the support activities
that are permitted in the home care setting with oversight by a licensed
Respiratory Care Practitioner or other appropriately licensed health
care provider. Click Position
Statement to view the approved document.
In
other action the Board sent back to the Practice Committee for further
review, a request for a Position Statement concerning Polysomnography
certification requirements.
The
Education Committee presented information concerning the BSRT degree
program at UNC-Charlotte. For information click BSRT
Program.
Changes to Board
Rules
Effective March 1, 2008
and April 1, 2008
Board Rules 21 NCAC 61
.0204 and 21 NCAC 61 .0305 have been amended and became effective March
1, 2008. Board Rule 21 NCAC 61 .0201 has been amended and became effective
April 1, 2008.
21
NCAC 61 .0201 APPLICATION PROCESS
(a) Each applicant
for a respiratory care practitioner license shall complete an application
form provided by the Board. This form shall be submitted to the Board
and shall be accompanied by:
(1) one head
and shoulders passport type photograph of the applicant of acceptable
quality for identification, two inches by two inches in size;
(2) the fee established in Rule .0204 of this Chapter;
(3) evidence, verified by oath, that the applicant has successfully
completed the minimum requirements of a respiratory care education
program approved by the Commission for Accreditation of Allied Health
Educational Programs or the Canadian Council on Accreditation for
Respiratory Therapy Education;
(4) evidence, verified by oath, that the applicant has successfully
completed the requirements for certification in Basic Life Support
which includes Adult, Child and Infant Cardiopulmonary Resuscitation
(CPR), the Heimlich Maneuver, and Automatic External Defibrillator
(AED) use by the American Heart Association, the American Red Cross
or the American Safety and Health Institute; and
(5) evidence from the National Board for Respiratory Care (NBRC) of
successful completion of the Certified Respiratory Therapist (CRT)
examination administered by it.
(b) Applicants
for initial licensure in North Carolina, who have been inactive and
who have not practiced respiratory care for a period of time greater
than one year, must complete the following requirements in addition
to the requirements in Paragraph (a) of this Rule:
(1) for applicants
who have not practiced respiratory care for a period of time greater
than one year, but less than five years, the applicant must provide
evidence of twelve hours of continuing education, that meet the requirements
of 21 NCAC 61 .0401, for each full year of inactivity; and
(2) for applicants
who have not practiced respiratory care for a period of time greater
than five years, the applicant must provide evidence of either:
(A) sixty
hours of continuing education that meet the requirements of 21 NCAC
61 .0401 and evidence from the National Board for Respiratory Care
(NBRC) of successful completion of the Certified Respiratory Therapist
(CRT) examination taken as an assessment examination within the
90-day period before issuance of a license, or
(B) completion of a Respiratory Care refresher course offered through
a Respiratory Care Education program accredited by the Commission
for the Accreditation of Allied Health Educational Programs.
History Note: Authority
G.S. 90 652 (1), (2) and (13); 90-653(a);
Temporary Adoption Eff. October 15, 2001;
Eff. August 1, 2002;
Amended Eff. April 1, 2007; November 1, 2004; March 1, 2004.
21 NCAC
61 .0204 FEES
(a) Fees are as
follows:
(1) For an initial
application, a fee of fifty dollars ($50.00);
(2) For issuance of an active license, a fee of one hundred twenty-five
dollars ($125.00);
(3) For the renewal of an active license, a fee of sixty five dollars
($65.00);
(4) For the late renewal of any license, an additional late fee of
seventy- five dollars ($75.00);
(5) For a license with a provisional or temporary endorsement, a fee
of fifty dollars ($50.00);
(6) For official verification of license status, a fee of twenty dollars
($20.00);
(b) Fees shall
be nonrefundable and shall be paid in the form of a cashier's check,
certified check or money order made payable to the North Carolina Respiratory
Care Board. However, personal checks shall be accepted for payment of
renewal fees.
History Note: Authority
G.S. 90-652(2);(9); 90-660;
Temporary Adoption Eff. October 15, 2001;
Eff. August 1, 2002;
Amended Eff. March 1, 2007; March 1, 2004.
21 NCAC 61 .0305 INACTIVE STATUS
(a) A licensee
who wishes to retain a license but who will not be practicing respiratory
care may obtain inactive status by indicating this intention on the
annual renewal and payment of a fee of twenty dollars ($20.00). An individual
licensed on inactive status may not practice respiratory care during
the period in which he or she remains on inactive status.
(b) An individual licensed on inactive status may convert his or her
license to active status by submission of a renewal application and
payment of the renewal fee and late fee. The renewal application must
contain evidence of the completion of a minimum of twelve hours of continuing
education that meets the requirements of 21 NCAC 61 .0401 for each full
year of inactivity.
(c) In no case may an individual remain on inactive status for more
than 60 months.
History Note: Authority
G.S 90 652(1),(2),(4);
Temporary Adoption Eff. October 15, 2001;
Eff. August 1, 2002;
Amended Eff. March 1, 2007; June 1, 2005.
Board Adopts
Proposed Rule Changes
January
10, 2008
Amendments to Board Rules
21 NCAC 61 .0201, 21 NCAC 61 .0204 and 21 NCAC 61 .0305 were adopted
by the Board. The proposed changes were reviewed at a Public Hearing
on November 15, 2007. The deadline for written comments ended on December
31, 2007. The adopted Rules changes have been submitted to the Rules
Review Coommission. Click Rule
Changes Pages 912-913 to review the proposed changes.
In other actions the Board
elected Ralph Webb, RCP as the Board Chair, Karl Karlson, MD as the
Board Vice Chair and Sherry Samuels as the Board Secretary and Treasurer.
The Ad Hoc Committee to study CPAP setups in the home and new technology
for home based sleep studies is still working on a Position Statement
or Declaratory Ruling concerning these procedures. The committee is
to report back to the Practice Committee before the next Board meeting.
The Sleep Technology Subcommittee
reported on CMS Rules changes concerning sleep studies and individuals
that may perform the studies. The committee also gave the Board proposed
language for a Polysomnographic Technologist Licensure Bill.
Board Approves
Proposed Rule Changes
October 11, 2007
Amendments to Board Rules
21 NCAC 61 .0201, 21 NCAC 61 .0204 and 21 NCAC 61 .0305 were approved
by the Board. Click Rule
Changes Pages 912-913 to review the proposed changes.
In other actions the Board
Chair appointed an Ad Hoc Committee to study changes to the current
Positon Statement concerning CPAP setups in the home and new technology
for home based sleep studies. The committee is to report back to the
Board at its January meeting.
Board Approves
Resolutions
July 12, 2007
The NCRCB approved a resolution
to endorse the AARC's White Paper on Concurrent Therapy as the official
position of the Board. The position statement may be viewed and downloaded
at Concurrent
Therapy.
In other actions the Board:
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Approved
a Practice Committee recommendation to approve a Declaratory Ruling
concerning the Breath of Life Center and the administration of Hyperbaric
Air Therapy and Oxygen Administration. To view the ruling click
Breath
of Life.
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Sent
back to the Practice Committee for consideration a request from
Heather Anthony concerning LPN's performing ventilator care.
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Approved
a Education Committee recommendation to change the CE language of
the advanced practice rulings The changes may be viewed at each
specific ruling at Rulings.
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Charged the Executive
Director with discussing interstate licensing issues for transport
therapists at the NBRC State Liasion Meeting to be held September
7 and 8, 2007.
April 12, 2007
The NCRCB approved a resolution
to support of Allied Health Funding and a resolution to support House
Bill 267 and Senate Bill 125 to add ethyl alcohol as a substance specifically
named as a toxic vapor and make illegal any instrument that can be used
to atomize or introduce a toxic vapor in to body unless it is a device
used to deliver a prescription medication or an approved over-the-counter
medication.
In other actions the Board:
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Approved
a Practice Committee recommendation to deny a request to allow EMT's
to provide respiratory care services in the home environment. The
request would have allowed services that are outside the EMT's EMS
scope of service.
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Approved
requests to allow for certain advanced respiratory care practices.
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Approved
to adopt changes to Board
Rule 21 NCAC 61 .0401.
-
Table
a Declaratory Ruling concerning the Breath of Life Center and the
administration of Hyperbaric Air Therapy and Oxygen Administration.
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Approved
a fee to recover the cost of copying for RCP's that request the
Board supply copies of CE documentation to meet the NBRC's recredentialing
requirements.
-
Sent
to the Practice Committee for consideration a request from Terry
Smith to denounce concurrent therapy.
Board Approves
Proposed Bills
January 11, 2007
The NCRCB approved moving
forward with a proposed Bill to license polysomnographic technologists.
The Board also approved changes to the Respiratory Care Practice Act
to increase fees and provide for Advanced Practice Endorsement.
In other actions the Board
approved a Practice Committee recommendation to withdraw a proposed
Position Statement concerning Support Technicians.
Changes to Board
Rules
Effective October 13,
2006
Amendments to Board Rule
21 NCAC 61 .0103 was adopted by the Board. Amendments to Board Rule
21 NCAC 61 .0401 was approved by the Board.
Position Statement
Concerning Continious Positive Airway devices
Effective July 13, 2006
The Board approved a position
statement concerning CPAP devices. The position statement requires face
to face assessment and supervision by a RCP or other appropriately licensed
health care provider. The statement also prohibits drop shipping the
devices without appropriate assessment. The position statement may be
viewed and downloaded at
Position Statement.
Declaratory Ruling
on Respiratory Care Assistants
Effective July 13, 2006
The Board approved changes
to the Declaratory Ruling for Respiratory Care Assistants by requiring
the applicant to complete competency evaluations, which includes laboratory
and clinical evaluations. The revised ruling may be viewed at
RC Assistant Ruling.
Declaratory Ruling
on Respiratory Care Assistants
Effective April 13, 2006
The Board approved changes
to the Declaratory Ruling for Respiratory Care Assistants by adding
the following to the approved tasks list: Devices designed to augment
airway clearance, e.g. EzPAP, Flutter, etc.
Sleep Technology
Guidance
Effective January 12, 2006
The Board approved guidance
statements and representative forms to give indivuduals guidance on
compliance with the ruling on sleep labs approved October 6, 2005. The
guidance statements and forms may be viewed and downloaded at
Sleep Guidance.
Position Statment
of Financial Relationships and Referral Incentives
Effective January 12, 2006
The Board approved a position
statement to give indivuduals guidance on financial relationshios and
referral incentives. The positon statement may be viewed and downloaded
at
Position Statement.
Declaratory Rulings
on Advanced Practice
Effective October 6, 2005
The Board approved changes
to the Declaratory Ruling for Advanced Practice for RCP's relating to
ECMO. The ruling may be viewed at
Advanced Practice-ECMO.
The Board approved changes
to the Declaratory Ruling for Advanced Practice for RCP's relating to
EMS Services. The ruling may be viewed at Advanced
Practice for RCP's.
Changes to Board Rules
Effective October 6, 2005
Board Rule 21 NCAC 61 .0103
and 21 NCAC 61 .0202 was approved by the Board for amendment. A public
hearing will be held at the Board office on November 17, 2005.
Changes to Declaratory
Ruling on Sleep Labs
Effective October 6, 2005
The Board approved changes
to the Declaratory Ruling on Sleep Labs. The revised ruling adds the
technician level provider and certification requirements. The revised
ruling may be viewed at Sleep
Lab Ruling.
Changes to Declaratory
Ruling on Sleep Labs
Effective July 7, 2005
The Board approved changes
to the Declaratory Ruling on Sleep Labs. The revised ruling adds the
technician level provider and certification requirements. The revised
ruling may be viewed at Sleep
Lab Ruling.
Changes to Board Rules
Effective July 1, 2005
Board Rule 21 NCAC 61 .0308
has been amended and became effective June 1, 2005.
21 NCAC 61 .0308 CONTINUING DUTY TO REPORT
(a) All licensed respiratory care practitioners and provisional licensees
are under a continuing duty to report to the Board any and all:
(1) convictions of, or pleas of guilty or nolo contendere to:
(A) any felony;
(B) any misdemeanor or other offense, such as fraud, when an element
of the crime involves conduct by the licensee which indicates a lack
of honesty, integrity, or competence directly relating to the licensee’s
delivery of respiratory care, including crimes whose elements include
violations of Rule .0307 (2), (5), (7), (10), (19), (21), (22), (23),
(24) and (25) of this Chapter; and
(2) the existence of any civil suit which arises out of or is related
to the licensee's practice of respiratory care.
(b) All supervising respiratory care practitioners
are under a continuing duty to report to the Board any and all:
(1) terminations of any respiratory care practitioner for violations
of the practice act or Board rules; and
(2) violations of the practice act or Board rules by any respiratory
care practitioner under his or her supervision.
(c) The reports required by this rule must be made
within 15 days of the occurrence.
History Note: Authority G.S. 90
652(2);
Temporary Adoption Eff. October 15, 2001;
Eff. August 1, 2002,;
Amended Eff. July 1, 2005.
Effective June 1, 2005
Board Rule 21 NCAC 61 .0305
has been amended and became effective June 1, 2005.
21 NCAC 61 .0305 INACTIVE STATUS
(a) A licensee who wishes to retain a license but who will not be practicing
respiratory care may obtain inactive status by indicating this intention
on the annual renewal and payment of a fee of twenty dollars ($20.00).
An individual licensed on inactive status may not practice respiratory
care during the period in which he or she remains on inactive status.
(b) An individual licensed on inactive status may convert his or her
license to active status by submission of a renewal application and
payment of the renewal fee and late fee. The renewal application must
contain evidence of the completion of a minimum of 10 hours of continuing
education that meets the requirements of 21 NCAC .0401 for each full
year of inactivity.
(c) In no case may an individual remain on inactive status for more
than 60 months.
History Note: Authority G.S 90 652(1),(2),(4);
Temporary Adoption Eff. October 15, 2001;
Eff. August 1, 2002,:
Amended Eff. June 1, 2005.
Declaratory Rulings
on Advanced Practice
Effective April 7, 2005
The Board approved a Declaratory
Ruling for Advanced Practice for RCP's relating to ECMO. The ruling
may be viewed at Advanced
Practice-ECMO.
The Board approved changes
to the Declaratory Ruling for Advanced Practice for RCP's relating to
EMS Services. The ruling may be viewed at Advanced
Practice for RCP's.
New Sleep Technology
Subcommittee Appointed
Board Chair Joseph Coyle,
MD, appointed a subcommittee of the Board's Practice Committee to look
into issues concerning the practice of polysomnography in the state.
The committtee meet on April 17, 2005 and discussed the Board's Declaratory
Ruling on Sleep Labs and other concerns. The committee will meet again
on April 28, 2005 at the Board office.
Changes to Discipline
Manual
Effective January 6, 2005
The Board approved changes
to the Discipline Manual which became effective January 6, 2005. The
manual may be reviewed at Discipline
Policy Manual. It is suggested that all RCP's review the manual
for Board policies. The Board has changed the policy for RCP supervisors
concerning disclosure of persons under their supervision that might
practice without a license. The policy now reads as follows:
A Respiratory Care Practitioner
who accepts a respiratory care administration position supervising other
respiratory care personnel is accountable for ensuring that all such
personnel are properly licensed, and will do the following:
• Immediately upon assuming responsibilities of the position,
verify that a system exists to verify licensure of practitioners supervised
by the position.
• Within fourteen (14) days of assuming responsibilities of the
position, verify the licenses of all supervised respiratory care personnel.
• Thereafter, assure that the licenses of all supervised respiratory
care personnel are current and valid. The supervisor must report to
the Board any RCP found practicing with a lapsed license within 72 hours
of the discovery. The Board authorizes the Executive Director to waive
sanctioning of the supervisor if he/she reports the lapsed licensee
within 14 days of the violation.
Declaratory Ruling
on Drug Administration for Cardiac Stress Test
Effective January 6, 2005
The Board approved a Declaratory
Ruling on the administration of certain drugs by RCP's during cardiac
stress tests. The ruling may be viewed at Stress
Test Ruling.
Changes to Board
Rules
Effective November 1, 2004
Board Rules 21 NCAC 61
.0201 and 21 NCAC 61 .0302 have been amended and became effective November
1, 2004. The amendment to Rule 21 NCAC 61 .0201 establishes additional
requirements for licensure for applicants who have been out of practice
for more than 1 year. The amendment to Rule 21 NCAC 61 .0302 adds language
concerning the BLS requirements for renewal of a RCP license. The latest
Board Rules may be downloaded for review and printing at Chapter
61 Rules.
New Verification Policy
Effective October 7, 2004
If a RCP has renewed his/her license
and hasn’t received the license card in the mail, his/her supervisor
may print off the license verification from the website. Print off two
copies, one for your records and one to be given to the RCP to be used
in lieu of the wallet card. The copy of the verification of licensure
will be acceptable for a period not to exceed seven days. After receipt
of the license card the RCP must present the card to his/her supervisor.
The supervisor must either file or display a copy of the renewal card
at the practice site so as to be available for inspection. The RCP must
keep a copy of the license wallet card available for inspection to anyone
on request in the course of delivering services. If the RCP has not
received the wallet card in the mail within the seven day period, he/she
must contact the Board office at (919) 878-5595.
Grace Period for
Continuing Education
Effective October 7, 2004
The Board approved a request to
allow a grace period of one month for earning CE's for those RCP's that
renew their licenses early. Therefore, if a RCP renews his/her license
within the month prior to the expiration date of the license, he/she
may then count any CE's earned in the time between the renewal date
and his/her expiration date towards the next year's CE requirement.
Declaratory Ruling
on RCP Advanced Practice Amended
Effective October 7, 2004
The Board approved an amendment
to the RCP Advanced Practice Declaratory Ruling. Click RCP
Advanced Practice Ruling to read the revised ruling. All RCP's providing
Advanced Practice through the Office of Emergency Medical Services System
must comply with this ruling. The ruling requires the RCP to complete
and submit additional CE related to advanced practice.
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