CHAPTER 2. RESPIRATORY CARE COMMITTEE; CERTIFICATION
IC 25-34.5-2
Chapter 2. Respiratory Care Committee; Certification
IC 25-34.5-2-1
Purpose
Sec. 1. The respiratory care committee is established to assist theboard in carrying out this article with regard to the qualifications andexamination of respiratory care practitioners.
As added by P.L.242-1989, SEC.1.
IC 25-34.5-2-2
Membership
Sec. 2. (a) The committee consists of five (5) members to beappointed by the governor as follows:
(1) At least two (2) practitioners.
(2) At least one (1) physician licensed under IC 25-22.5 who isfamiliar with the practice of respiratory care.
(3) At least one (1) member who:
(A) is a resident of Indiana; and
(B) is not associated with the practice of respiratory care inany way, other than as a consumer.
(b) Each practitioner appointed to the committee must:
(1) be a practitioner meeting the requirements of this article;
(2) have had not less than three (3) years experience in theactual practice of respiratory care immediately precedingappointment; and
(3) be a resident of Indiana and actively engaged in Indiana inthe practice of respiratory care while serving as a member of thecommittee.
As added by P.L.242-1989, SEC.1. Amended by P.L.48-1991,SEC.63.
IC 25-34.5-2-3
Terms
Sec. 3. The governor shall make each appointment to thecommittee for a term of three (3) years.
As added by P.L.242-1989, SEC.1. Amended by P.L.1-1990,SEC.255; P.L.48-1991, SEC.64.
IC 25-34.5-2-4
Removal of members
Sec. 4. A member of the committee may be removed by thegovernor without cause.
As added by P.L.242-1989, SEC.1. Amended by P.L.1-1990,SEC.256; P.L.48-1991, SEC.65.
IC 25-34.5-2-5
Salaries; expenses
Sec. 5. Each member of the committee who is not a stateemployee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Each member of the committee is entitled toreimbursement for travel expenses and other expenses actuallyincurred in connection with the member's duties, as provided in thestate travel policies and procedures established by the department ofadministration and approved by the budget agency.
As added by P.L.242-1989, SEC.1.
IC 25-34.5-2-6
Duties
Sec. 6. The committee shall:
(1) pass upon the qualifications of persons who apply forlicensure as respiratory care practitioners;
(2) provide all examinations;
(3) license qualified applicants; and
(4) propose rules concerning the competent practice ofrespiratory care to the board.
As added by P.L.242-1989, SEC.1. Amended by P.L.60-2000, SEC.8.
IC 25-34.5-2-6.1
Rules regarding designation of tasks
Sec. 6.1. The rules proposed under section 6(4) of this chapter andadopted under section 7(l) of this chapter must include, to the extentreasonably ascertainable, a designation of all tasks. The designationof tasks must:
(1) exclude the practices described in section 6.2 of thischapter; and
(2) include the tasks described in section 6.3 of this chapter.
As added by P.L.60-2000, SEC.9.
IC 25-34.5-2-6.2
Practices not considered tasks
Sec. 6.2. The following respiratory care practices are not tasks:
(1) Administration of aerosol medication.
(2) Insertion and maintenance of an artificial airway.
(3) Mechanical ventilatory support.
(4) Patient assessment.
(5) Patient education.
As added by P.L.60-2000, SEC.10.
IC 25-34.5-2-6.3
Practices considered tasks
Sec. 6.3. The following respiratory care practices are tasks:
(1) Cleaning, disinfecting, sterilizing, and assemblingequipment used in the practice of respiratory care as delegatedby a practitioner or other authorized health care professional.
(2) Collecting and reviewing patient data through noninvasivemeans if the collection and review does not include theindividual's interpretation of the clinical significance of thedata. Collecting and reviewing patient data includes thefollowing: (A) Setting up and obtaining an electrocardiogram.
(B) Performing pulse oximetry and reporting to apractitioner or other authorized health care professional in atimely manner.
(3) Setting up a nasal cannula for oxygen therapy and reportingto a practitioner or other authorized health care professional ina timely manner.
(4) Performing incentive spirometry, excluding a patient's initialtreatment and education.
(5) Performing cough and deep breath maneuvers.
(6) Maintaining a patient's natural airway by physicallymanipulating the jaw and neck.
As added by P.L.60-2000, SEC.11.
IC 25-34.5-2-6.4
Performance of tasks by unlicensed persons; oversight bypractitioner
Sec. 6.4. (a) Notwithstanding any other law and except asotherwise provided in this article, to perform the practice ofrespiratory care other than a task, an individual must be:
(1) a practitioner; or
(2) a licensed, registered, or certified health care professionalwhose scope of practice includes the respiratory care practice.
(b) An individual who is not a licensed, registered, or certifiedhealth care professional may perform a task only:
(1) under the proximate supervision of a practitioner or otherauthorized health care professional; and
(2) if the individual has demonstrated to the facility thatemploys or contracts with the individual competency to performthe task.
The facility shall document competency in accordance withlicensure, certification, and accreditation standards applicable to thefacility.
(c) A practitioner may do the following:
(1) Delegate tasks.
(2) Supervise the performance of tasks.
As added by P.L.60-2000, SEC.12. Amended by P.L.288-2001,SEC.13.
IC 25-34.5-2-7
Rules
Sec. 7. The board shall adopt rules under IC 4-22-2 establishing:
(1) standards for the competent practice of respiratory careunder the direct supervision of a physician licensed underIC 25-22.5, including a designation of tasks;
(2) fees for the administration of this article; and
(3) standards for the administration of this article;
after considering rules proposed by the committee.
As added by P.L.242-1989, SEC.1. Amended by P.L.48-1991,SEC.66; P.L.60-2000, SEC.13.
IC 25-34.5-2-8
Evidence required from applicants; criminal convictions;disciplinary actions; education requirements
Sec. 8. (a) Each applicant for licensure as a respiratory carepractitioner must present satisfactory evidence that the applicant:
(1) does not have a conviction for:
(A) an act that would constitute a ground for disciplinarysanction under IC 25-1-9; or
(B) a crime that has a direct bearing on the practitioner'sability to practice competently;
(2) has not been the subject of a disciplinary action initiated bythe licensing or certification agency of another state orjurisdiction on the grounds that the applicant was unable topractice as a respiratory care practitioner without endangeringthe public; and
(3) has passed a respiratory care practitioner licensing orcertification examination approved by the board.
(b) Each applicant for licensure as a respiratory care practitionermust submit proof to the committee of the applicant's:
(1) graduation from a school or program of respiratory care thatmeets standards set by the board;
(2) completion of a United States military training program inrespiratory care; or
(3) completion of sufficient postsecondary education to becredentialed by a national respiratory care practitionerorganization approved by the committee.
(c) At the time of making application, each applicant must pay afee determined by the board after consideration of a recommendationof the committee.
As added by P.L.242-1989, SEC.1. Amended by P.L.33-1993,SEC.70; P.L.177-1997, SEC.6; P.L.60-2000, SEC.14.
IC 25-34.5-2-9
Certification; expiration
Sec. 9. (a) Except as provided in section 11 of this chapter, thecommittee shall issue a license to each applicant who:
(1) successfully passes the examination provided in section 12of this chapter; and
(2) meets the requirements of section 8 of this chapter.
(b) A license issued under this section expires on the last day ofthe regular renewal cycle established under IC 25-1-5-4.
As added by P.L.242-1989, SEC.1. Amended by P.L.48-1991,SEC.67; P.L.60-2000, SEC.15.
IC 25-34.5-2-10
Renewal of certification; reinstatement of invalid certificates
Sec. 10. (a) The committee shall, under IC 25-1-2, renew everytwo (2) years the license of a practitioner who:
(1) meets the continuing education requirements established byrule by the board; and (2) pays the fee set by the board.
(b) If a practitioner does not renew the practitioner's licensebefore its expiration, the practitioner's license becomes invalidwithout action taken by the committee. A license that becomesinvalid under this subsection may be reinstated by the committee upto three (3) years after its invalidation if the practitioner who holdsan invalid license meets the requirements under IC 25-1-8-6.
(c) If a license that becomes invalid under subsection (b) is notreinstated by the committee within three (3) years of its invalidation,the holder of the invalid license may be required by the committee totake an examination for competence before the committee willreinstate the license.
(d) The board may adopt rules under IC 4-22-2 establishingrequirements for reinstatement of an invalid license afterconsideration of a recommendation of the committee.
(e) The board shall accept continuing education courses in thefollowing areas toward fulfillment of the requirements of subsection(a):
(1) Management of the practice of respiratory care.
(2) Courses concerning the practice of respiratory care thatenable individuals to teach continuing education courses forrespiratory care practitioners.
(3) The practice of respiratory care.
As added by P.L.242-1989, SEC.1. Amended by P.L.60-2000,SEC.16; P.L.269-2001, SEC.30.
IC 25-34.5-2-10.1
Temporary permits
Sec. 10.1. (a) The committee may issue a temporary permit to aperson to practice respiratory care or to profess to be a respiratorycare practitioner if the person pays a fee and:
(1) has:
(A) a valid license or certificate to practice from anotherstate; and
(B) applied for a license from the committee;
(2) is practicing in a state that does not license or certifyrespiratory care practitioners but is credentialed by a nationalrespiratory care practitioner association approved by thecommittee, and the person has applied for a license from thecommittee; or
(3) has:
(A) been approved by the committee to take the nextexamination; and
(B) graduated from a school or program approved by thecommittee.
(b) A temporary permit expires the earlier of:
(1) the date the person holding the permit is issued a licenseunder this article; or
(2) the date the committee disapproves the person's licenseapplication. (c) The committee may renew a temporary permit if the personholding the permit was scheduled to take the next examination and:
(1) did not take the examination; and
(2) shows good cause for not taking the examination.
(d) A permit renewed under subsection (c) expires on the date theperson holding the permit receives the results from the nextexamination given after the permit was issued.
As added by P.L.48-1991, SEC.68. Amended by P.L.60-2000,SEC.17.
IC 25-34.5-2-11
Issuance of certificate by endorsement; waiver of educationrequirements
Sec. 11. (a) The committee may issue a license by endorsement toa person who:
(1) presents satisfactory evidence to the committee that theperson holds:
(A) a license or certification to practice respiratory care in:
(i) another state; or
(ii) a jurisdiction of Canada; or
(B) credentials issued by a national respiratory carepractitioner organization approved by the committee;
(2) meets the requirements of section 8 of this chapter; and
(3) pays a fee determined by the board after consideration of arecommendation of the committee.
(b) If the applicant presents satisfactory evidence that theapplicant has actively engaged in the practice of respiratory care thatincluded actual patient care:
(1) in another jurisdiction;
(2) under the supervision of a physician licensed in thatjurisdiction; and
(3) for at least ten (10) of the previous fifteen (15) yearspreceding the date of application;
the committee may waive the education requirements undersubsection (a)(2) and section 8(b) of this chapter if the committeedetermines that the applicant has sufficient knowledge andexperience.
As added by P.L.242-1989, SEC.1. Amended by P.L.177-1997,SEC.7; P.L.60-2000, SEC.18.
IC 25-34.5-2-12
Examinations; contents; reexamination
Sec. 12. (a) Examinations of applicants for licensure under thisarticle shall be held at least semiannually on dates set by the board.
(b) An examination under this section must include a writtenexamination that tests the following:
(1) The applicant's knowledge of the basic and clinical sciencesas they relate to the practice of respiratory care.
(2) Other subjects that the committee considers useful to test anapplicant's fitness to practice respiratory care. (c) An otherwise qualified applicant who fails an examination andis refused licensure may take another scheduled examination uponpayment of an additional fee set by the board under rules adoptedunder section 7 of this chapter.
As added by P.L.242-1989, SEC.1. Amended by P.L.60-2000,SEC.19.
IC 25-34.5-2-13
Utilization of testing services
Sec. 13. The committee may utilize the services of a testingcompany to prepare, conduct, and score examinations.
As added by P.L.242-1989, SEC.1.
IC 25-34.5-2-14
Student permits
Sec. 14. (a) The committee shall issue a student permit to anindividual if the individual does the following:
(1) Submits the appropriate application to the committee.
(2) Pays the fee established by the board.
(3) Submits written proof to the committee that the individualis a student in good standing in a respiratory care school orprogram that has been:
(A) approved by the committee for purposes of section8(b)(1) of this chapter;
(B) approved by the committee for purposes of section10.1(a)(3)(B) of this chapter; or
(C) otherwise approved by the committee.
(4) Submits satisfactory evidence that the individual:
(A) does not have a conviction described in section 8(a)(1)of this chapter; and
(B) has not been the subject of a disciplinary actiondescribed in section 8(a)(2) of this chapter.
(b) The committee shall issue a student permit as soon as it isreasonably practicable after an individual fulfills the requirements ofsubsection (a).
(c) An individual who holds a student permit may only performrespiratory care procedures that have been part of a course:
(1) the individual has successfully completed in the respiratorycare program designated under subsection (a)(3); and
(2) for which the successful completion has been documentedand that is available upon request to the committee.
(d) The committee may expand the list of respiratory careprocedures that an individual may perform under the individual'sstudent permit to include additional respiratory care procedures thathave been part of a course:
(1) that the individual has successfully completed in therespiratory care program designated under subsection (a)(3);and
(2) for which the individual's successful completion has beendocumented.Upon request by the committee, the individual shall providedocumentation of the successful completion of a course described inthis subsection.
(e) The procedures permitted under subsections (c) and (d) maybe performed only:
(1) on adult patients who are not critical care patients; and
(2) under the proximate supervision of a practitioner.
(f) A holder of a student permit shall meet in person at least one(1) time each working day with the permit holder's supervisingpractitioner or a designated respiratory care practitioner to review thepermit holder's clinical activities. The supervising practitioner or adesignated respiratory care practitioner shall review and countersignthe entries that the permit holder makes in a patient's medical recordnot more than seven (7) calendar days after the permit holder makesthe entries.
(g) A supervising practitioner may not supervise at one (1) timemore than three (3) holders of student permits issued under thissection.
(h) A student permit expires on the earliest of the following:
(1) The date the permit holder is issued a license under thisarticle.
(2) The date the committee disapproves the permit holder'sapplication for a license under this article.
(3) The date the permit holder ceases to be a student in goodstanding in a respiratory care program approved by thecommittee. The graduation of a student permit holder from arespiratory care program approved by the committee does notcause the student permit to expire under this subdivision.
(4) Sixty (60) days after the date that the permit holdergraduates from a respiratory care program approved by thecommittee.
(5) The date that the permit holder is notified that the permitholder has failed the licensure examination.
(6) Two (2) years after the date of issuance.
As added by P.L.60-2000, SEC.20. Amended by P.L.288-2001,SEC.14.