§ 1775. | § 1776. | § 1; | § 1777. | § 14.) | § 1777A. | § 1778. | § 1779.
§ 1775. Respiratory Care Advisory Council.
(a) The Respiratory Care Advisory Council (Council) consists of 7 members, one
of whom is a physician member of the Board of Medical Practice. The remaining
6 council members are individuals trained in respiratory care who have been
licensed and primarily employed in the practice of respiratory care in this
State for at least 2 of the 3 years immediately prior to appointment. The
Council may elect officers as necessary.
(b) Each Council member is appointed by the Board for a term of 3 years, and
may succeed himself or herself for 1 additional 3-year term; provided,
however, that if a member is initially appointed to fill a vacancy, the member
may succeed himself or herself for only 1 additional 3-year term. A person
appointed to fill a vacancy on the Council is entitled to hold office for the
remainder of the unexpired term of the former member. Each term of office
expires on the date specified in the appointment; however, a Council member
whose term of office has expired remains eligible to participate in Council
proceedings until replaced by the Board. A person who has never served on the
Council may be appointed to the Council for 2 consecutive terms, but the
person is thereafter ineligible for appointment to the Council except as
hereinafter provided. A person who has been twice appointed to the Council or
who has served on the Board for 6 years within any 9-year period may not again
be appointed to the Council until an interim period of at least 1 year has
expired since the person last served. A member serving on the Council may not
be an elected officer or a member of the board of directors of any
professional association of respiratory care practitioners.
(c) The Council shall promulgate rules and regulations governing the practice
of respiratory care, after public hearing and subject to the approval of the
Board of Medical Practice. The Board must approve or reject within 60 days
proposed rules or regulations submitted to it by the Council. If the Board
fails to approve or reject the proposed rules or regulations within 60 days,
the proposed rules or regulations are deemed to be approved by the Board.
(d) The Council shall meet quarterly, and at such other times as license
applications are pending. The Council shall, from time to time, present to the
Board the names of individuals qualified to be licensed or qualified to
receive temporary licenses, and shall recommend disciplinary action against
licensees as necessary, and shall suggest changes in operations or
regulations.
(75 Del. Laws, c. 141, § 1; 70 Del. Laws, c. 186, § 1.)
§ 1776. Respiratory care practitioners.
(a) As used in this subchapter:
(1) "Respiratory care" means the allied health profession, under the direction
of a person certified to practice medicine, which is responsible for direct
and indirect services in the treatment, management, diagnostic testing,
control, and care of patients with deficiencies and abnormalities associated
with the cardiopulmonary system. Respiratory care includes inhalation therapy
and respiratory therapy.
(2) "Respiratory care practitioner" or "RCP" means an individual who practices
respiratory care in accord with the requirements of this subchapter;
(b) A respiratory care practitioner works under the general supervision of a
person certified to practice medicine, whether by direct observation and
monitoring, by protocols approved by a person certified to practice medicine,
or by orders written or verbally given by a person certified to practice
medicine. A respiratory care practitioner may evaluate patients and make
decisions within parameters defined by a person certified to practice medicine
and by the Board of Medical Practice. The work performed by a respiratory
care practitioner includes, but is not limited to:
(1) Collecting samples of blood, secretions, gases, and body fluids for
respiratory evaluations;
(2) Measuring cardiorespiratory volumes, flows, and pressures;
(3) Administering pharmacological agents, aerosols, and medical gases via the
respiratory route;
(4) Inserting and maintaining airways, natural or artificial, for the flow of
respiratory gases;
(5) Controlling the environment and ventilatory support systems such as
hyperbaric chambers and ventilators;
(6) Resuscitating individuals with cardiorespiratory failure;
(7) Maintaining bronchopulmonary hygiene;
(8) Researching and developing protocols in respiratory disorders;
(9) Performing pulmonary function studies.
(c) Nothing in this subchapter is intended to limit, preclude, or otherwise
interfere with the professional activities of other individuals and healthcare
providers formally trained and licensed by the State.
(d) An individual who is licensed pursuant to this subchapter, who is not
being investigated or sanctioned in relation to unprofessional conduct or
physical, mental, emotional, or other impairment, and who has passed an
examination that includes the subject matter of 1 or more of the professional
activities included in subsection (b) of this section may not be prohibited
from performing those professional activities passed in the examination,
provided that the testing body that administered the examination is approved
by the Board.
(70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 203, § 1; 72 Del. Laws, c. 171,
§ 1; 74 Del. Laws, c. 262, § 30B; 75 Del. Laws, c. 141, § 1.)
(a) The requirements for licensure by the Board as a respiratory care
practitioner are:
(1) The applicant must successfully complete a national qualifying examination
with a passing grade that leads to a credential conferred by the National
Board for Respiratory Care, Inc. (NBRC), or its successor organization, as a
certified respiratory therapist (CRT) and/or as a registered respiratory
therapist (RRT); or
(2) The applicant must possess a current license in a state which has
licensing requirements equal to or exceeding the requirements of this
subchapter, and there may not be any outstanding or unresolved complaints
pending against the applicant;
(3) The applicant:
a. May not have been assessed any administrative penalties regarding the
applicant's practice of respiratory care, including but not limited to fines,
formal reprimands, license suspension or revocation (except for license
suspension or revocation for nonpayment of license renewal fees), and
probationary limitations; and
b. May not have entered into a consent agreement which contains conditions
placed by a Board or other authority on the applicant's professional conduct
or practice, including the voluntary surrender of the applicant's license
while under investigation for misconduct.
However, the Board may, after a hearing, waive the requirement of subparagraph
a. of this paragraph if the administrative penalty prevents the issuance of a
license;
(4) The applicant may not have an impairment related to the current use of
drugs or alcohol which substantially impairs the practice of respiratory care
with reasonable skill and safety;
(5) The applicant may not have been convicted of or may not have admitted
under oath to having committed a crime substantially related to the practice
of respiratory care. "Substantially related" means that the nature of the
criminal conduct for which the person was convicted or to which the person
admitted under oath has a direct bearing on the person's fitness or ability to
perform one or more of the duties or responsibilities necessarily related to
the practice of respiratory care. The Board shall promulgate regulations
specifically identifying the crimes which are substantially related to the
practice of respiratory care;
(6) The applicant may not have a criminal conviction record or a pending
criminal charge relating to an offense, the circumstances of which
substantially relate to or affect the practice of respiratory care. An
applicant who has a criminal conviction record or a pending criminal charge
must arrange for information about the record or charge to be provided
directly to the Board by the appropriate authorities in sufficient specificity
to enable the Board to make a determination of whether the record or charge
is substantially related to or affects the practice of respiratory care.
(b) Waiver of requirements. -- The Respiratory Care Advisory Council, by the
affirmative vote of 5 of its members and with the approval of the Board within
30 days of the vote, may waive any of the requirements of subsection (a) of
this section if its finds all of the following by clear and convincing
evidence:
(1) The applicant's education, training, qualifications, and conduct have been
sufficient to overcome the deficiency or deficiencies in meeting the
requirements of this section;
(2) The applicant is capable of practicing respiratory care in a competent and
professional manner;
(3) The granting of the waiver will not endanger the public health, safety, or
welfare; and
(4) For waiver of a crime substantially related to the practice of respiratory
care, more than 5 years have elapsed since the applicant has fully discharged
all imposed sentences. As used herein, the term "sentence" includes, but is
not limited to, all periods of modification of a sentence, probation, parole
or suspension. However, sentence does not include fines, restitution or
community service, as long as the applicant is in substantial compliance with
such fines, restitution and community service.
(c) License denial. -- If it appears to the Board that an applicant has been
intentionally fraudulent or that an applicant has intentionally submitted, or
intentionally caused to be submitted, false information as part of the
application process, the Board may not issue a license to the applicant and
must report the incident of fraud or submitting false information to the
Office of the Attorney General for further action.
(d) Temporary license. -- The Executive Director of the Board, with the
approval of a physician member of the Board, may issue a temporary permit to
an applicant for licensure who has presented a completed application to the
Board. A temporary permit issued under this paragraph is valid for a period of
not more than 90 days and may not be renewed. Only 1 temporary permit may be
issued under this paragraph.
(e) License suspension, revocation, or nonrenewal. --
(1) The Council, after appropriate notice and hearing, may recommend to the
Board of Medical Practice that the Board revoke, suspend, or refuse to issue a
license, or place the licensee on probation, or otherwise discipline a
licensee found guilty of unprofessional conduct. Unprofessional conduct
includes, but is not limited to, fraud, deceit, incompetence, gross
negligence, dishonesty, or other behavior in the licensee's professional
activity which is likely to endanger the public health, safety, or welfare.
The Council and Board may take necessary action against a respiratory care
practitioner who is unable to render respiratory care services with reasonable
skill or safety to patients because of mental illness or mental incompetence,
physical illness, or the excessive use of drugs, including alcohol.
Disciplinary action or other action taken against a respiratory care
practitioner must be in accordance with the procedures for disciplinary and
other actions against physicians, including appeals as set forth in subchapter
IV of this chapter, except that a hearing panel for a complaint against a
respiratory care practitioner consists of 3 unbiased members of the Regulatory
Council, the 3 members being the chair of Council and 2 other members, if
practicable.
(2)a. If the Board or the Respiratory Care Advisory Council receives a formal
or informal complaint concerning the activity of a respiratory care
practitioner and the Council members reasonably believe that the activity
presents a clear and immediate danger to the public health, the Council may
issue an order temporarily suspending the respiratory care practitioner's
license to practice pending a hearing. An order temporarily suspending a
license to practice may not be issued by the Council, with the approval of the
Board, unless the respiratory care practitioner or the respiratory care
practitioner's attorney received at least 24 hours' written or oral notice
prior to the temporary suspension so that the respiratory care practitioner or
the respiratory care practitioner's attorney can be heard in opposition to
the proposed suspension, and unless at least 4 members of the Council and 7
members of the Board vote in favor of the temporary suspension. An order of
temporary suspension pending a hearing may remain in effect for no longer than
60 days from the date of the issuance of the order unless the temporarily
suspended respiratory care practitioner requests a continuance of the hearing
date. If the respiratory care practitioner requests a continuance, the order
of temporary suspension remains in effect until the hearing panel convenes and
a decision is rendered.
b. A respiratory care practitioner whose license to practice has been
temporarily suspended pursuant to this section must be notified of the
temporary suspension immediately and in writing. Notification consists of a
copy of the complaint and the order of temporary suspension pending a hearing
personally served upon the respiratory care practitioner or sent by certified
mail, return receipt requested, to the respiratory care practitioner's last
known address.
c. A respiratory care practitioner whose license to practice has been
temporarily suspended pursuant to this section may request an expedited
hearing. The Council shall schedule the hearing on an expedited basis,
provided that the Council receives the request within 5 calendar days from the
date on which the respiratory care practitioner received notification of the
decision of the Council, with the approval of the Board, to temporarily
suspend the respiratory care practitioner's license to practice.
d. As soon as possible after the issuance of an order temporarily suspending a
respiratory care practitioner's license to practice pending a hearing, the
Council President shall appoint a 3-member hearing panel. After notice to the
respiratory care practitioner pursuant to subsection (b) of this section, the
hearing panel shall convene within 60 days of the date of the issuance of the
order of temporary suspension to consider the evidence regarding the matters
alleged in the complaint. If the respiratory care practitioner requests in a
timely manner an expedited hearing, the hearing panel shall convene within 15
days of the receipt of the request by the Council. The 3-member panel shall
proceed to a hearing in accordance with the procedures set forth in § 1734 of
this title and shall render a decision within 30 days of the hearing.
e. In addition to making findings of fact, the hearing panel shall also
determine whether the facts found by it constitute a clear and immediate
danger to public health. If the hearing panel determines that the facts found
constitute a clear and immediate danger to public health, the order of
temporary suspension must remain in effect until the Board, pursuant to §
1734(f) of this title, deliberates and reaches conclusions of law based upon
the findings of fact made by the hearing panel. An order of temporary
suspension may not remain in effect for longer than 60 days from the date of
the decision rendered by the hearing panel unless the suspended respiratory
care practitioner requests an extension of the order pending a final decision
of the Board. Upon the final decision of the Board, an order of temporary
suspension is vacated as a matter of law and is replaced by the disciplinary
action, if any, ordered by the Board.
(75 Del. Laws, c. 141, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 436,
§ 1777A. Procedure or action not prescribed.
This subchapter governs the practice of respiratory care practitioners. If a
procedure or action is not specifically prescribed in this subchapter, but is
prescribed in the subchapters relating to the practice of medicine, and the
procedure or action would be useful or necessary for the regulation of
respiratory care practitioners, the Board may, in its discretion, proceed in a
manner prescribed for physicians in the practice of medicine.
(75 Del. Laws, c. 141, § 1.)
§ 1778. Fees; license renewal.
The Division of Professional Regulation shall establish reasonable fees for
licensing respiratory care practitioners and for biennial license renewal. A
licensee, when renewing a license, shall provide documentation of continuing
education related to respiratory care pursuant to the continuing education
requirements for respiratory care practitioners established by the Advisory
Council.
(75 Del. Laws, c. 141, § 1.)
§ 1779. Prohibited acts; penalties; enforcement.
(a) A person may not practice respiratory care in this State or represent that
the person is a respiratory care practitioner or knowingly allow himself or
herself to be represented as a respiratory care practitioner unless the person
is licensed under this subchapter, except as otherwise provided in this
chapter.
(b) A person who, contrary to the provisions of this subchapter, practices or
attempts to practice respiratory care within the State or represents that the
person is a respiratory care practitioner or knowingly allows himself or
herself to be represented as a respiratory care practitioner shall be fined
not less than $500 nor more than $2,000 or imprisoned not more than 1 year, or
both.
(c) The Office of the Attorney General is charged with the enforcement of this
subchapter.
(75 Del. Laws, c. 141, § 1; 70 Del. Laws, c. 186, § 1.)
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