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NEWS FROM THE BOARD
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 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
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.
