§ 8504-A — Mandatory continuing education for respiratory therapists

§ 8504-a. Mandatory continuing education for respiratory therapists.\n1. (a) Each licensed respiratory therapist required under this article\nto register triennially with the department to practice in the state\nshall comply with provisions of the mandatory continuing education\nrequirements prescribed in subdivision two of this section except as set\nforth in paragraphs (b) and (c) of this subdivision. Respiratory\ntherapists who do not satisfy the mandatory continuing education\nrequirement shall not practice until they have met such requirements,\nand have been issued a registration certificate, except that a\nrespiratory therapist may practice without having met such requirements\nif he or she is issued a conditional registration certificate pursuant\nto subdivision three of this section.\n (b) Respiratory therapists shall be exempt from the mandatory\ncontinuing education requirement for the triennial registration period\nduring which they are first licensed. In accord with the intent of this\nsection, adjustment to the mandatory continuing education requirement\nmay be granted by the department for reasons of health, certified by an\nappropriate health care professional, for extended active duty with the\narmed forces of the United States, or for other good cause acceptable to\nthe department which may prevent compliance.\n (c) A licensed respiratory therapist not engaged in practice as\ndetermined by the department, shall be exempt from the mandatory\ncontinuing education requirement upon the filing of a statement with the\ndepartment declaring such status. Any licensee who returns to their\nrespective practice as a respiratory therapist during the triennial\nregistration period shall notify the department prior to reentering the\nprofession and shall meet such mandatory education requirements as shall\nbe prescribed by regulations of the commissioner.\n 2. During each triennial registration period an applicant for\nregistration as a respiratory therapist shall complete a minimum of\nthirty hours of acceptable formal continuing education, as specified in\nsubdivision four of this section, provided that no more than fifteen\nhours of such continuing education shall consist of self-study courses.\nAny respiratory therapist whose first registration date following the\neffective date of this section occurs less than three years from such\neffective date, but on or after January first, two thousand one, shall\ncomplete continuing education hours on a prorated basis at the rate of\nfive-sixths of one hour per month for the period beginning January\nfirst, two thousand up to the first registration date thereafter. A\nlicensee who has not satisfied the mandatory continuing education\nrequirements shall not be issued a triennial registration certificate by\nthe department and shall not practice unless and until a conditional\nregistration certificate is issued as provided for in subdivision three\nof this section. With the exception of continuing education hours\ncompleted during the registration period immediately preceding the\neffective date of this section, continuing education hours completed\nduring one triennium may not be transferred to a subsequent triennium.\n 3. The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and complete any additional education\nwhich the department may require. The fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department but shall not exceed one year. Any\nlicensee who is notified of the denial of registration for failure to\nsubmit evidence, satisfactory to the department, of required continuing\neducation and who practices as a respiratory therapist without such\nregistration, may be subject to disciplinary proceedings pursuant to\nsection sixty-five hundred ten of this title.\n 4. As used in subdivision two of this section, "acceptable formal\ncontinuing education" for respiratory therapy shall mean formal courses\nof learning which contribute to professional practice in respiratory\ntherapy and which meet the standards prescribed by regulations of the\ncommissioner. The department may, in its discretion and as needed to\ncontribute to the health and welfare of the public, require the\ncompletion of continuing education courses in specific subjects.\n 5. Respiratory therapists shall maintain adequate documentation of\ncompletion of acceptable formal continuing education and shall provide\nsuch documentation at the request of the department.\n 6. The mandatory continuing education fee for respiratory therapists\nshall be thirty dollars, shall be payable on or before the first day of\neach triennial registration period, and shall be paid in addition to the\ntriennial registration fee required by section eighty-five hundred four\nof this article.\n