RESPIRATORY CARE PRACTITIONERS

chapter 261	licensure of respiratory care practitioners	
chapter 262	continuing education for respiratory care practitioners	
chapter 263	discipline for respiratory care practitioners	
chapter 264	reserved	
chapter 265	practice of respiratory care practitioners	
CHAPTER 261
LICENSURE OF RESPIRATORY CARE PRACTITIONERS
[Prior to 4/17/02, see 645—Chapter 260]
645—261.1(152B) Definitions. For purposes of these rules, the following definitions shall apply:
“Active license” means a license that is current and has not expired.
“Board” means the board of respiratory care.
“CoARC” means the Committee on Accreditation of Respiratory Care.
“Grace period” means the 30-day period following expiration of a license when the license is still considered to be active. In order to renew a license during the grace period, a licensee is required to pay a late fee.
“Licensee” means any person licensed to practice as a respiratory care practitioner in the state of Iowa.
“License expiration date” means March 31 of even-numbered years.
“Licensure by endorsement” means the issuance of an Iowa license to practice respiratory care to an applicant who is or has been licensed in another state.
“NBRC” means the National Board of Respiratory Care.
“Reactivate” or “reactivation” means the process as outlined in rule 261.14(17A,147,272C) by which an inactive license is restored to active status.
“Reciprocal license” means the issuance of an Iowa license to practice respiratory care to an applicant who is currently licensed in another state that has a mutual agreement with the Iowa board of respiratory care to license persons who have the same or similar qualifications to those required in Iowa.
“Reinstatement” means the process as outlined in 645—11.31(272C) by which a licensee who has had a license suspended or revoked or who has voluntarily surrendered a license may apply to have the license reinstated, with or without conditions. Once the license is reinstated, the licensee may apply for active status.
645—261.2(152B) Requirements for licensure.
	261.2(1) The following criteria shall apply to licensure:
	a. 	The applicant shall complete a board-approved application packet. Application forms may be obtained from the board’s Web site (http://www.idph.state.ia.us/licensure) or directly from the board office. All applications shall be sent to Board of Respiratory Care, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075.
	b. 	The applicant shall complete the application form according to the instructions contained in the application. If the application is not completed according to the instructions, the application will not be reviewed by the board until properly completed.
	c. 	Each application shall be accompanied by the appropriate fees specified in 645—subrule 5.17(1).
	d. 	The applicant shall submit two completed sets of the fingerprint packet to facilitate a national criminal history background check. The cost for the evaluation of the fingerprint packet and the criminal history background checks by the Iowa division of criminal investigation (DCI) and the Federal Bureau of Investigation (FBI) criminal history background checks shall be assessed to the applicant. The board may withhold issuing a license pending receipt of a report from the DCI and FBI.
	e. 	The applicant has satisfactorily completed the certification or registration examination for respiratory therapists administered by the NBRC.
	f. 	Licensees who were issued their licenses within six months prior to the renewal shall not be required to renew their licenses until the renewal month two years later.
	261.2(2) Incomplete applications that have been on file in the board office for more than two years shall be considered invalid and shall be destroyed.
645—261.3(152B) Educational qualifications.
	261.3(1) The applicant shall have successfully completed a respiratory care education program accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or by a program that is under Letter of Review by the Committee on Accreditation for Respiratory Care (CoARC) while actively pursuing CAAHEP accreditation.
	261.3(2) Foreign-trained respiratory care practitioners shall:
	a. 	Provide an equivalency evaluation of their educational credentials by one of the following: International Educational Research Foundations, Inc., Credentials Evaluation Service, P.O. Box 3665, Culver City, CA 90231-3665, telephone (310)258-9451, Web site www.ierf.org or E-mail at info@ierf.org; or International Credentialing Associates, Inc., 7245 Bryan Dairy Road, Bryan Dairy Business Park II, Largo, FL 33777, telephone (727)549-8555. The professional curriculum must be equivalent to that stated in these rules. A candidate shall bear the expense of the curriculum evaluation.
	b. 	Provide a notarized copy of the certificate or diploma awarded to the applicant from a respiratory care program in the country in which the applicant was educated.
	c. 	Receive a final determination from the board regarding the application for licensure.
645—261.4(152B) Examination requirements. The examination required by the board shall be the National Board of Respiratory Care Examination or the State Clinical Examination administered by the NBRC.
	261.4(1) The applicant shall apply directly to the National Board of Respiratory Care.
	261.4(2) Results of the examination must be received by the board of respiratory care by one of the following methods:
	a. 	Scores sent directly from the examination service to the board of respiratory care;
	b. 	A notarized certificate shall be submitted showing proof of the successful completion of the examination for respiratory therapists or respiratory therapy technicians administered by the National Board of Respiratory Care; or
	c. 	A notarized copy of the scores or an electronic Web-based confirmation by the department showing proof of successful completion.
645—261.5(152B) Students.
	261.5(1) A student enrolled in an approved respiratory care training program who is employed in an organized health care system may render services defined in Iowa Code sections 152B.2 and 152B.3 under the direct and immediate supervision of a respiratory care practitioner for the duration of the respiratory care practitioner program, not to exceed the duration of the respiratory care program.
	261.5(2) Direct and immediate supervision of a respiratory care student means that the licensed respiratory care practitioner shall:
	a. 	Be continuously on site and present in the department or facility where the student is performing care;
	b. 	Be immediately available to assist the person being supervised in the care being performed; and
	c. 	Be responsible for care provided by students.
645—261.6(152B) Licensure by endorsement. An applicant who has been a licensed respiratory care practitioner under the laws of another jurisdiction shall file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia or another state, territory, province or foreign country who:
	1.	Submits to the board a completed application;
	2.	Pays the licensure fee specified in rule 645—5.17(147,152B);
	3.	Submits two completed sets of the fingerprint packet to facilitate a national criminal history background check. The cost for the evaluation of the fingerprint packet and the DCI and FBI criminal history background checks shall be assessed to the applicant;
	4.	Shows evidence of licensure requirements that are similar to those required in Iowa;
	5.	Provides an equivalency evaluation of foreign educational credentials sent directly from the equivalency service to the board;
	6.	Provides the examination scores:
	●	Scores shall be sent directly from the examination service to the board of respiratory care; or
	●	A notarized certificate shall be submitted showing proof of the successful completion of the examination for respiratory therapists or respiratory therapy technicians administered by the National Board for Respiratory Care; and
	7.	Provides verification of license(s) from every jurisdiction in which the applicant has been licensed, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides:
	●	Licensee’s name;
	●	Date of initial licensure;
	●	Current licensure status; and
	●	Any disciplinary action taken against the license.
645—261.7(147) Licensure by reciprocal agreement. Rescinded IAB 11/19/08, effective 1/1/09.
645—261.8(152B) License renewal.
	261.8(1) The biennial license renewal period for a license to practice respiratory care shall begin on April 1 of an even-numbered year and end on March 31 of the next even-numbered year. The board shall send a renewal notice by regular mail to each licensee at the address on record at least 60 days prior to the expiration of the license. The licensee is responsible for renewing the license prior to its expiration. Failure of the licensee to receive the notice does not relieve the licensee of the responsibility for renewing the license.
	261.8(2) An individual who was issued an initial license within six months of the license renewal date will not be required to renew the license until the subsequent renewal two years later.
	261.8(3) A licensee seeking renewal shall:
	a. 	Meet the continuing education requirements of rule 645—262.2(152B,272C) and the mandatory reporting requirements of subrule 261.8(4). A licensee whose license was reactivated during the current renewal compliance period may use continuing education credit earned during the compliance period for the first renewal following reactivation; and
	b. 	Submit the completed renewal application and renewal fee before the license expiration date.
	261.8(4) Mandatory reporter training requirements.
	a. 	A licensee who, in the scope of professional practice or in the licensee’s employment responsibilities, examines, attends, counsels or treats children in Iowa shall indicate on the renewal application completion of two hours of training in child abuse identification and reporting in the previous five years or condition(s) for waiver of this requirement as identified in paragraph “e.”
	b. 	A licensee who, in the course of employment, examines, attends, counsels or treats adults in Iowa shall indicate on the renewal application completion of two hours of training in dependent adult abuse identification and reporting in the previous five years or condition(s) for waiver of this requirement as identified in paragraph “e.”
	c. 	A licensee who, in the scope of professional practice or in the course of employment, examines, attends, counsels or treats both adults and children in Iowa shall indicate on the renewal application completion of training in abuse identification and reporting for dependent adults and children in the previous five years or condition(s) for waiver of this requirement as identified in paragraph “e.”
Training may be completed through separate courses as identified in paragraphs “a” and “b” or in one combined two-hour course that includes curricula for identifying and reporting child abuse and dependent adult abuse. The course shall be a curriculum approved by the Iowa department of public health abuse education review panel.
	d. 	The licensee shall maintain written documentation for five years after mandatory training as identified in paragraphs “a” to “c,” including program date(s), content, duration, and proof of participation.
	e. 	The requirement for mandatory training for identifying and reporting child and dependent adult abuse shall be suspended if the board determines that suspension is in the public interest or that a person at the time of license renewal:
	(1)	Is engaged in active duty in the military service of this state or the United States.
	(2)	Holds a current waiver by the board based on evidence of significant hardship in complying with training requirements, including an exemption of continuing education requirements or extension of time in which to fulfill requirements due to a physical or mental disability or illness as identified in 645—Chapter 262.
	f. 	The board may select licensees for audit of compliance with the requirements in paragraphs “a” to “e.”
	261.8(5) Upon receiving the information required by this rule and the required fee, board staff shall administratively issue a two-year license and shall send the licensee a wallet card by regular mail. In the event the board receives adverse information on the renewal application, the board shall issue the renewal license but may refer the adverse information for further consideration or disciplinary investigation.
	261.8(6) A person licensed to practice as a respiratory care practitioner shall keep the person’s license certificate and wallet card displayed in a conspicuous public place at the primary site of practice.
	261.8(7) Late renewal. The license shall become late when the license has not been renewed by the expiration date on the wallet card. The licensee shall be assessed a late fee as specified in rule 645—5.17(147,152B). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period.
	261.8(8) Inactive license. A licensee who fails to renew the license by the end of the grace period has an inactive license. A licensee whose license is inactive continues to hold the privilege of licensure in Iowa, but may not practice respiratory care in Iowa until the license is reactivated. A licensee who practices respiratory care in the state of Iowa with an inactive license may be subject to disciplinary action by the board, injunctive action pursuant to Iowa Code section 147.83, criminal sanctions pursuant to Iowa Code section 147.86, and other available legal remedies.
645—261.9(272C) Exemptions for inactive practitioners. Rescinded IAB 6/8/05, effective 7/13/05.
645—261.10(272C) Lapsed licenses. Rescinded IAB 6/8/05, effective 7/13/05.
645—261.11(147) Duplicate certificate or wallet card. Rescinded IAB 11/19/08, effective 1/1/09.
645—261.12(147) Reissued certificate or wallet card. Rescinded IAB 11/19/08, effective 1/1/09.
645—261.13(17A,147,272C) License denial. Rescinded IAB 11/19/08, effective 1/1/09.
645—261.14(17A,147,272C) License reactivation. To apply for reactivation of an inactive license, a licensee shall:
	261.14(1) Submit a reactivation application on a form provided by the board.
	261.14(2) Pay the reactivation fee specified in rule 645—5.17(147,152B).
	261.14(3) If the license has been inactive for two or more years, the licensee shall submit two completed sets of the fingerprint packet to facilitate a national criminal history background check. The cost for the evaluation of the fingerprint packet and the DCI and FBI criminal history background checks shall be assessed to the applicant. The board may withhold issuing a license pending receipt of a report from the DCI and FBI.
	261.14(4) Provide verification of current competence to practice respiratory care by satisfying one of the following criteria:
	a. 	If the license has been on inactive status for five years or less, an applicant must provide the following:
	(1)	Verification of the license(s) from every jurisdiction in which the applicant is or has been licensed and is or has been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:
	1.	Licensee’s name;
	2.	Date of initial licensure;
	3.	Current licensure status; and
	4.	Any disciplinary action taken against the license; and
	(2)	Verification of completion of 24 hours of continuing education that conforms to standards defined in 645—262.3(152B,272C) within 24 months immediately preceding submission of the application for reactivation.
	b. 	If the license has been on inactive status for more than five years, an applicant must provide the following:
	(1)	Verification of the license(s) from every jurisdiction in which the applicant is or has been licensed and is or has been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:
	1.	Licensee’s name;
	2.	Date of initial licensure;
	3.	Current licensure status; and
	4.	Any disciplinary action taken against the license; and
	(2)	Verification of completion of 48 hours of continuing education that conforms to standards defined in 645—262.3(152B,272C) within 24 months immediately preceding submission of the application for reactivation.
645—261.15(17A,147,272C) License reinstatement. A licensee whose license has been revoked, suspended, or voluntarily surrendered must apply for and receive reinstatement of the license in accordance with 645—11.31(272C) and must apply for and be granted reactivation of the license in accordance with 261.14(17A,147,272C) prior to practicing respiratory care in this state.
These rules are intended to implement Iowa Code chapters 17A, 147, 152B and 272C.
[Filed 3/29/02, Notice 1/23/02—published 4/17/02, effective 5/22/02]
[Filed 1/14/04, Notice 10/15/03—published 2/4/04, effective 3/10/04]
[Filed 10/8/04, Notice 7/7/04—published 10/27/04, effective 12/1/04]
[Filed 5/12/05, Notice 3/16/05—published 6/8/05, effective 7/13/05]
[Filed 11/19/05, Notice 9/14/05—published 12/21/05, effective 1/25/06]
[Filed 7/23/07, Notice 5/23/07—published 8/15/07, effective 9/19/07]
[Filed 10/30/08, Notice 8/27/08—published 11/19/08, effective 1/1/09]