(a) The Respiratory Care Advisory Council (Council) consists of 7 members, one of whom is a physician member of the Board
of Medical Licensure and Discipline. 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 Licensure and Discipline. 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; 77 Del. Laws, c. 319, § 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 Licensure and Discipline.
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; 77 Del. Laws, c. 319, § 1.;
§ 1777. Licensure [Effective until Sept. 1, 2010]
(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 Licensure and Discipline 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, § 14; 77 Del. Laws, c. 319, § 1.;
§ 1777. Licensure [Effective Sept. 1, 2010]
(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 Licensure and Discipline 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(g) 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, § 14; 77 Del. Laws, c. 319, § 1; 77 Del. Laws, c. 325, § 19.;
§ 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.;
(a) The Respiratory Care Advisory Council (Council) consists of 7 members, one of whom is a physician member of the Board
of Medical Licensure and Discipline. 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 Licensure and Discipline. 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; 77 Del. Laws, c. 319, § 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 Licensure and Discipline.
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; 77 Del. Laws, c. 319, § 1.;
§ 1777. Licensure [Effective until Sept. 1, 2010]
(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 Licensure and Discipline 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, § 14; 77 Del. Laws, c. 319, § 1.;
§ 1777. Licensure [Effective Sept. 1, 2010]
(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 Licensure and Discipline 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(g) 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, § 14; 77 Del. Laws, c. 319, § 1; 77 Del. Laws, c. 325, § 19.;
§ 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.;
(a) The Respiratory Care Advisory Council (Council) consists of 7 members, one of whom is a physician member of the Board
of Medical Licensure and Discipline. 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 Licensure and Discipline. 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; 77 Del. Laws, c. 319, § 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 Licensure and Discipline.
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; 77 Del. Laws, c. 319, § 1.;
§ 1777. Licensure [Effective until Sept. 1, 2010]
(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 Licensure and Discipline 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, § 14; 77 Del. Laws, c. 319, § 1.;
§ 1777. Licensure [Effective Sept. 1, 2010]
(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 Licensure and Discipline 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(g) 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, § 14; 77 Del. Laws, c. 319, § 1; 77 Del. Laws, c. 325, § 19.;
§ 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.;
