Sec. 10.32.11.06. Qualifications for Licensure as a Respiratory Care Practitioner

A. An applicant shall:

(1) Be 18 years old or older;

(2) Be of good moral character;

(3) Demonstrate spoken and written competency in English by any of the following:

(a) Graduation from a recognized English-speaking high school or undergraduate or graduate school after at least 3 years of enrollment;

(b) Graduation from a recognized English-speaking professional school; or

(c) Receipt of a grade of:

(i) At least 79 on the Internet-based Test of English as a Foreign Language; and

(ii) At least 26 on the “Speaking” section of the Internet-based Test of English as a Foreign Language;

(4) Graduate from an accredited respiratory care educational program; and

(5) Have active certification by the National Certifying Board as at least one of the following:

(a) Certified respiratory therapist; or

(b) Registered respiratory therapist.

B. An applicant shall submit a completed application form, which includes the following information:

(1) Chronological list of all activities beginning with the date the applicant graduated from high school through the date of application, accounting for:

(a) All periods of time, including each job held; and

(b) Any other activity engaged in, including all periods of unemployment;

(2) Any physical or mental condition that currently impairs the respiratory care practitioner's ability to practice respiratory care;

(3) Any action by a state licensing or disciplinary board or a comparable body in the armed services, denying an application for licensure, reinstatement, or renewal for a health care occupational license;

(4) Any health professional license for which the respiratory care practitioner has applied if the application was withdrawn for reasons that would be grounds for disciplinary action;

(5) Any action taken against the respiratory care practitioner’s license by a state licensing or disciplinary board, or a comparable body in the armed services, including but not limited to:

(a) Limitations of practice;

(b) Required education;

(c) Admonishment;

(d) Reprimand;

(e) Suspension; or

(f) Revocation;

(6) Any investigation or charges brought against the respiratory care practitioner by a state licensing or disciplinary board or comparable body in the armed services;

(7) Copies of:

(a) State licensing or disciplinary board charges;

(b) Final orders; or

(c) Adverse or disciplinary actions;

(8) Any investigation or charge brought against the respiratory care practitioner by:

(a) A hospital;

(b) A related institution;

(c) An alternative health care system; or

(d) Any other employer;

(9) Any limitation or loss in privileges by:

(a) A hospital;

(b) A related health care facility;

(c) An alternative health care system; or

(d) Any other employer;

(10) Copies of the complaints, pleadings, and judgments in all malpractice claims;

(11) Copies of all arrests, court orders, orders of probation, certificates or letters of completion, or both, of any mandatory program or disciplinary actions, including final orders for driving while intoxicated or driving while under the influence of a chemical substance or medication;

(12) A plea of guilty or nolo contendere, a conviction, or receipt of probation before judgment for a criminal act; and

(13) A plea of guilty or nolo contendere, a conviction, or receipt of probation before judgment for an alcohol or controlled dangerous substance offense, including but not limited to driving while under the influence of alcohol or controlled dangerous substances.

C. An applicant shall pay the required application fee.

D. An applicant shall submit a passport-size photograph.

E. On forms supplied by the Board, an applicant shall agree to release to the Board all relevant information from appropriate individuals, other institutions, and government agencies including, but not limited to:

(1) The National Practitioner Data Bank;

(2) Hospitals; and

(3) Any other licensing body.

F. An applicant for licensure shall inform the Board by certified mail, return receipt requested, within 30 days of the occurrence or notification of any of the circumstances listed in §B of this regulation.

G. If reasonable questions regarding an applicant's physical, mental, or professional competency have been raised by the information provided on the application, the Board may request additional information regarding the applicant's competency from the chief of staff of a hospital where the applicant has practiced.

H. If an applicant has not passed the National Board for Respiratory Care exam for credentialing as a Certified Respiratory Therapist or a Registered Respiratory Therapist within the 5 years immediately preceding the applicant’s application and has not practiced respiratory care for at least 3 of the past 5 years, the Board may require the applicant to take and pass one of those exams as part of the application process.