§ 8510-A — Mandatory continuing education for respiratory therapy technicians

§ 8510-a. Mandatory continuing education for respiratory therapy\ntechnicians. 1. (a) Each licensed respiratory therapy technician\nrequired under this article to register triennially with the department\nto practice in the state shall comply with provisions of the mandatory\ncontinuing education requirements prescribed in subdivision two of this\nsection except as set forth in paragraphs (b) and (c) of this\nsubdivision. Respiratory therapy technicians who do not satisfy the\nmandatory continuing education requirement shall not practice until they\nhave met such requirements, and have been issued a registration\ncertificate, except that a respiratory therapy technician may practice\nwithout having met such requirements if he or she is issued a\nconditional registration certificate pursuant to subdivision three of\nthis section.\n (b) Respiratory therapy technicians 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 therapy technician not engaged in practice\nas determined 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 therapy technician during the\ntriennial registration period shall notify the department prior to\nreentering the profession and shall meet such mandatory education\nrequirements as shall be prescribed by regulations of the commissioner.\n 2. During each triennial registration period an applicant for\nregistration as a respiratory therapy technician shall complete a\nminimum of twenty-four hours of acceptable formal continuing education,\nas specified in subdivision four of this section, provided that no more\nthan twelve hours of such continuing education shall consist of\nself-study courses. Any respiratory therapy technician whose first\nregistration date following the effective date of this section occurs\nless than three years from such effective date, but on or after January\nfirst, two thousand one, shall complete continuing education hours on a\nprorated basis at the rate of two-thirds of one hour per month for the\nperiod beginning January first, two thousand up to the first\nregistration date thereafter. A licensee who has not satisfied the\nmandatory continuing education requirements shall not be issued a\ntriennial registration certificate by the department and shall not\npractice unless and until a conditional registration certificate is\nissued as provided for in subdivision three of this section. With the\nexception of continuing education hours taken during the registration\nperiod immediately preceding the effective date of this section,\ncontinuing education hours completed during one triennium may not be\ntransferred 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 therapy technician without\nsuch registration, may be subject to the disciplinary proceedings\npursuant to section sixty-five hundred ten of this title.\n 4. As used in subdivision two of this section, "acceptable formal\ncontinuing education" for respiratory therapy technicians shall mean\nformal courses of learning which contribute to professional practice as\na respiratory therapy technician and which meet the standards prescribed\nby regulations of the commissioner. The department may, in its\ndiscretion and as needed to contribute to the health and welfare of the\npublic, require the completion of continuing education courses in\nspecific subjects.\n 5. Respiratory therapy technicians shall maintain adequate\ndocumentation of completion of acceptable formal continuing education\nand shall provide such documentation at the request of the department.\n 6. The mandatory continuing education fee for respiratory therapy\ntechnicians shall be twenty-five dollars, shall be payable on or before\nthe first day of each triennial registration period, and shall be paid\nin addition to the triennial registration fee required by section\neighty-five hundred ten of this article.\n