STATE BOARD OF OSTEOPATHIC MEDICINE [49 PA. CODE CH. 25] Respiratory Therapists [35 Pa.B. 5523] The State Board of Osteopathic Medicine (Board) proposes to amend §§ 25.502 and 25.509 (relating to definitions; and renewal of certification) and add §§ 25.509a and 25.509b (relating to requirement of continuing education; and approved educational programs) to read as set forth in Annex A.
A. Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
B. Statutory Authority
The proposed rulemaking implements the act of July 2, 2004 (No. 56, P. L. 486) (Act 56), which directs the Board to adopt, promulgate and enforce regulations that establish requirements for continuing education to be met by individuals holding certification as respiratory therapists in this Commonwealth.
C. Background and Purpose
Act 56, which became effective August 31, 2004, amendedthe Osteopathic Medical Practice Act (act) (63 P. S. §§ 271.1--271.18) by adding section 10.2(f) of the act (63 P. S. § 271.10b(f)) to provide for the continuing education of respiratory therapists. The Board now proposes these regulations to establish requirements for completion of continuing education for the practice of respiratory therapists.
D. Description of Proposed Rulemaking
Section 25.502 would be amended to provide definitions relevant to the continuing education requirements.
Section 25.509 would be amended to require certifi- cateholders to comply with continuing education requirements to renew their certificates. Section 25.509a would be added to set forth the requirement that an applicant for biennial renewal or reactivation of certification shall complete 20 credit hours of continuing education during the previous biennial renewal period. In addition, this section provides for exemption from the continuing education requirement for the first biennial renewal period after initial certification and provides for waiver of the requirements in cases of serious illness, undue hardship or military service.
Section 25.509b would provide that the Board approves respiratory care continuing education programs designated for professional development credits by the American Association of Respiratory Care, the American Medical Association (AMA), the American Osteopathic Association (AOA) and the Canadian Society of Respiratory Therapists. AMA programs must be in AMA PRA Category I credits and qualifying AOA continuing education programs must be in Category I-A or I-B credits, as defined in § 25.1 (relating to definitions). Subsection (b) would provide that advanced course work in respiratory care successfully completed at a degree-granting institution of higher education approved by the United States Department of Education which offers academic credits would also be approved for continuing education credit by the Board. Subsection (c) would notify certificate holders that the Board will not accept courses of study which do not relate to the actual provision of respiratory care. Examples of unacceptable courses are those in office management and finances.
E. Fiscal Impact and Paperwork Requirements
The proposed rulemaking would have a fiscal and paperwork impact on the Commonwealth in that the Board would incur costs related to reviewing and approving continuing education courses for respiratory care practitioners.
F. Sunset Date
The Board continuously monitors its regulations. Therefore, no sunset date has been assigned.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 26, 2005, the Board submitted a copy of this proposed rulemaking and a copy of the Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
H. Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to Beth Sender Michlovitz, Counsel, State Board of Osteopathic Medicine, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
OLIVER C. BULLOCK, D.O.,
ChairpersonFiscal Note: 16A-5317. No fiscal impact; (8) recommends adoption.
Annex A TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS PART I. DEPARTMENT OF STATE Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS CHAPTER 25. STATE BOARD OF OSTEOPATHIC MEDICINE Subchapter K. RESPIRATORY CARE PRACTITIONERS § 25.502. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
AARC--American Association for Respiratory Care, an organization which provides continuing professional development programs.
AMA--American Medical Association, an organization which provides continuing professional development programs.
AOA--American Osteopathic Association, an organization which provides continuing professional development programs.
* * * * * CRST--Canadian Society of Respiratory Therapists, an organization which provides continuing professional development programs.
* * * * * § 25.509. Renewal of certification.
* * * * * (c) To retain the right to engage in practice, the certificateholder shall renew certification in the manner prescribed by the Board [and], pay the required fee and comply with the continuing education requirement of § 25.509a (relating to requirement of continuing education), prior to the expiration of the [next] current biennium.
* * * * * § 25.509a. Requirement of continuing education.
(a) Commencing with the biennial period beginning November 1, 2008, an applicant for biennial renewal or reactivation of certification is required to complete, during the 2 years preceding renewal or reactivation, a minimum of 20 hours of continuing education as set forth in section 10.2 of the act (63 P. S. § 271.10b).
(b) A certificateholder is exempt from the continuing education requirement for the first biennial renewal period subsequent to initial certification.
(c) The Board may waive the requirements of continuing education in cases of serious illness, undue hardship or military service. It shall be the duty of each certificate- holder who seeks a waiver to notify the Board in writing and request the waiver prior to the end of the renewal period. The Board will grant, deny or grant in part the request for waiver and will send the certificateholder written notification of its approval or denial of the waiver request. A certificateholder who requests a waiver may not practice as a respiratory care practitioner after the expiration of the certificateholder's current certificate until the Board grants the waiver request.
(d) A certificateholder shall maintain the information and documentation concerning compliance with the continuing education requirement or the waiver granted for at least 2 years.
§ 25.509b. Approved educational programs.
(a) The Board approves respiratory care continuing education programs designated for professional development credits by the AARC, the AMA, the AOA and the CSRT.
(1) Qualifying AMA continuing education programs shall be in AMA PRA Category I credits, as defined in § 25.1 (relating to definitions).
(2) Qualifying AOA continuing education programs shall be in Category I-A or I-B credits, as defined in § 25.1.
(b) Advanced course work in respiratory care successfully completed at a degree-granting institution of higher education approved by the United States Department of Education which offers academic credits are also approved for continuing education credit by the Board.
(c) The Board will not accept courses of study which do not relate to the actual provision of respiratory care. Examples of unacceptable courses are those in office management and financial procedures.
[Pa.B. Doc. No. 05-1854. Filed for public inspection October 7, 2005, 9:00 a.m.]
