Ohio Respiratory Care Board
Jurisprudence (Law) Module 1.1: Continuing Education Requirements
Topic: Continuing
Education Requirements for Ohio
License Renewal
All respiratory care professionals and limited permit holders
issued under ORC 4761.05 (B)(b) are required to
complete continuing education to meet renewal requirements for the
authorization type held. As of July 1, 2008, these
standards were modified to include a new requirement that at least one of the
required contact hours include a course on respiratory care practice law or
professional ethics. This continuing
education module is designed to:
1) review the general continuing
education rules for Ohio license
and permit renewal;
2) provide information about the new jurisprudence (law)
continuing education requirement;
3) inform you about the continuing education reporting
requirements;
4) provide 1 contact hour of
continuing education meeting the respiratory care jurisprudence (law)
requirements
INTRODUCTION:
The Ohio Respiratory Care Practice Act, Chapter 4761 of the
Ohio Revised Code, was enacted in March of 1989. This law governs the practice of respiratory
care in the State of Ohio. The law is supported by Administrative Rules
(referred to as “Rule”) adopted under the Board authority provided in Section 4761.03 (A) of the
Ohio Revised Code. The Rules are titled
under Chapter 4761 of the Ohio Administrative Code. The Laws and Rules are accessible through the
Board’s Website at http://respiratorycare.ohio.gov
or through the State of Ohio home website by looking for the Ohio Revised Code
or Ohio Administrative Code and search for Chapter 4761.
Although few changes have been made to the Law, the Administrative
Rules are revised frequently and at least every five (5) years as required by
law. Changes can be substantive and
licensees should maintain continual awareness of these changes to the Laws and
Rules that govern their practice to assure compliance with them.
In order to encourage Ohio
respiratory care providers to maintain an updated understanding of the laws and
rules governing the practice of respiratory care, the Ohio Respiratory Care
Board implemented an amendment to the continuing education requirements for
renewal, requiring a law or professional ethics course.
GENERAL CONTINUING
EDUCATION LAW AND RULES:
The Ohio Respiratory Care Board is granted authority to
adopt rules for continuing education requirements for licensees under Section
4761.03(A)(4) of the Revised Code. These rules cannot exceed the instructions
provided to the Board by the Ohio General Assembly.
For eligible limited permit holders and respiratory care
professionals:
Section 4761.06 of the Revised Code states, in part:
(B) On and after March 14, 1991, and every year thereafter, on
or before the annual renewal date, the holder of a limited permit issued
under division (B)(1)(b) of section
4761.05 of the Revised Code shall submit proof to the board that the holder
has satisfactorily completed the number of hours of continuing education
required by the board, which shall not be less than three nor more than
ten hours of continuing education acceptable to the board.
On or before the biennial renewal
date, a license holder shall submit proof to the board that the license
holder has satisfactorily completed the number of hours of continuing education
required by the board, which shall be not less than six nor more than
twenty hours of continuing education acceptable to the board, or has passed
a reexamination in accordance with the board's renewal requirements. The board
may waive all or part of the continuing education requirement for a license
holder who has held the license for less than two years.
Therefore, consistent with the instructions of the Ohio
General Assembly, the Ohio Respiratory Care Board implemented rules requiring
minimum continuing education requirements.
Respiratory Care Professionals must obtain the required number of hours
on or before the license expiration date every other year on even years. Limited Permit holders must complete the
required number of hours on or before the permit expiration date every year.
DEFINITION OF RESPIRATORY CARE CONTINUING EDUCATION
The Rules
establish specific definitions of terms used in rules governing continuing
education obtainment and collection.
Rule 4761-9-01
of the Adminstrative Code, states
(A) “Respiratory
care continuing education” (hereafter referred to as RCCE),
as required under section 4761.06 of the Revised Code, means post-licensure learning
experiences which are approved by the Ohio respiratory care board (hereafter
referred to as the board) and which enhance or build upon the licensees current
knowledge or educational background as it pertains to the practice of
respiratory care, as set forth in section 4761.01 of the
Revised Code.
(B) For the
purposes of this chapter, the following definitions shall apply:
(1)
Post-licensure” means the period following the granting of a license under
section 4761.04
of the Revised Code or a limited permit issued under division (B) of section 4761.05 of the
Revised Code.
(2) “Learning
experiences” means activities or programs which allow respiratory care
providers to obtain or enhance skills, knowledge, or behavior needed to provide
respiratory care.
(3) “Approved by
the Ohio respiratory care board” means that the RCCE program
or activity qualifies for official recognition by the board in accordance with
one of the approval mechanisms set forth in rule 4761-9-05 of the
Administrative Code.
(4) “Licensee”
means the holder of a license issued under section 4761.04 of the
Revised Code or a limited permit issued under division (B)(1)(b) of section 4761.05 of the
Revised Code.
(5) “Contact
hour” means fifty or sixty minutes of planned classroom, clinical, or
provider-directed independent study.
(a) Calculation
of contact hours from credit hours earned in an academic institution as
described in paragraph (A) of rule 4761-9-04 of the Administrative Code shall
be done using the following formula:
(i) Quarter
system: one credit hour = ten contact hours;
(ii) Trimester
system: one credit hour = twelve contact hours;
(iii) Semester
system: one credit hour = fifteen contact hours.
GENERAL RCCE REQUIREMENTS AND REPORTING MECHANISM
The following
rule defines the minimum number of hours of continuing education required and
the type of continuing education required.
In addition, this rules establishes when continuing education may
waived.
Rule 4761-9-02
of the Adminstrative Code, states
(A) Licensees and limited permit holders shall
verify the successful attainment of RCCE from sources
approved by the board as set forth in rule 4761-9-05 of the Administrative
Code.
(B) RCCE contact hours shall be obtained during the term of
collection as set forth in divisions (C)(1) and (C)(2) of this rule. RCCE contact hours shall be earned prior to the license or
limited permit expiration date for the renewal period. RCCE
contact hours earned during the term of collection in excess of required
contact hours cannot be applied towards a subsequent renewal period, unless the
RCCE contact hours are earned after the filing
date of a completed renewal application that is filed prior to the end of the
renewal cycle for the specific authorization type held. A renewal
application will be deemed complete when the renewal application form is filled
out in its entirety, all continuing education required has been reported and is
valid and the full renewal fee has been submitted.
(C) Continuing education
earned for license or limited permit renewal must minimally include the
following content requirements:
(1) An
applicant for license renewal shall complete twenty contact hours of relevant RCCE every two years, beginning with the license
renewal date and ending on the license expiration date established under
division (D) of rule 4761-7-01 of the Administrative Code, unless a waiver is
granted under division (G) of this rule. RCCE earned
for license renewal must include the following content requirement:
(a) One
contact hour of RCCE on Ohio respiratory care
law or professional ethics as set forth in rule 4761-9-08 of the
Administrative Code; and
(b) At least
fifteen of the required contact hours must include content relating to the
provision of clinical respiratory care as defined under section 4761.01 of the
Revised Code; and
(c) The
remaining four contact hours may
include indirectly related content, including, but not limited to, activities
relevant to specialized aspects of respiratory care, such as education,
supervision, management, health care cost containment, cost management, health
quality standards, disease prevention, health promotion, or abuse reporting.
(2) An
applicant for renewal of a limited permit issued under division (A)(1)(c) of
rule 4761-6-01 of the Administrative Code, shall complete ten contact hours of
relevant RCCE every year, beginning with the
limited permit renewal date and ending on the limited permit expiration date
established under division (E) of rule 4761-7-01 of the Administrative Code,
unless a waiver is granted under division (G)(2) of this rule. RCCE earned for license renewal must include the following
content requirement:
(a) One
contact hour of RCCE on Ohio respiratory care
law or professional ethics as set forth in rule 4761-9-08 of the
Administrative Code; and
(b) At least
seven of the required contact hours must include content relating to the
provision of clinical respiratory care as defined under section 4761.01 of the
Revised Code; and
(c) The
remaining two contact hours may
include indirectly related content, including, but not limited to activities
relevant to specialized aspects of respiratory care, such as education,
supervision, management, health care cost containment,, cost management, health
quality standards, disease prevention, health promotion, or abuse reporting.
(D) In lieu
of completing RCCE contact hours required under
divisions (C)(1)(b), (C)(1)(c), (C)(2)(b) and (C)(2)(c) of this rule,
applicants may submit proof of successfully passing any written professional
examination administered by the national board for respiratory care, inc.
(NBRC), including the written registry examination for advanced respiratory
therapists, the recredentialing examination for certified respiratory
therapists, the written examination for certified pulmonary function
technologists, the written examination for registered pulmonary function technologists,
or the written examination for perinatal/pediatric respiratory care. The
registered polysomnographic technologist examination administered by the board
of registered polysomnographic technologists (BRPT) and the certified asthma
educator examination administered by the national asthma certification board
(NACB) are also accepted written examinations.
(E) If
applicable, the application form for license or limited permit renewal shall
include a section for recording RCCE compliance.
Licensees or limited permit holders shall complete the section to certify the
completion of the required contact hours of RCCE for
the current renewal period.
(F) It shall
be the responsibility of the licensee to maintain and keep all records to serve
as documentation for any audit which may be conducted in accordance with
rule 4761-9-07 of the Administrative Code pertaining to the completion of RCCE requirements; including, but not limited to certificates
of completion, transcripts, letters of attendance, or attendance registers. Records
shall be maintained for a period of four years or two renewal periods for the
holders of a license issued under section 4761.04 of the
Revised Code and for a period of three years or three renewal periods for the
holders of a limited permit issued under division (B)(1)(b) of section 4761.05 of the
Revised Code. Legible copies shall be sent to the board only in response to
an audit.
(G) Waiver of RCCE requirements.
(1) A first
time license holder in the state of Ohio who has been licensed for more than
six months, but less than one year from the license expiration date must
complete at least one half of the RCCE requirements
listed in division (C)(1) of this rule, including one contact hour on Ohio
respiratory care law or professional ethics. First time license holders who
have held a license for less than six months from the biennial license
expiration date will not be required to complete the RCCE
requirements for the current term of collection, but will have to complete
the RCCE requirements for the following biennial
renewal period.
(2) At the
time of filing an application for license or limited permit renewal, a request
to waive the RCCE requirements may be filed.
The board may grant a waiver only if the one of the following is verified in
writing:
(a) The
applicant has been absent from Ohio for more than one half of the term of
collection for the authorization type held due to military service;
(b) The
applicant has been prevented from completing the RCCE
requirement due to documented proof of a medical disability for more than
one half of the term of collection for the authorization type held.
ACTIVITIES WHICH DO NOT MEET THE OHIO RCCE REQUIREMENTS
Certain
activities are not recognized by the Board as meeting the continuing education
requirements. These activities, if
reported, would not be accepted by the Board and may result in a violation of
the requirements if the license expires before replacement education could be
taken.
Rule 4761-9-03
of the Adminstrative Code, states
(A) Activities
which do not meet the Ohio RCCE requirement shall
include but not be limited to:
(1) Basic life
support (hereafter referred to as BLS) and cardiopulmonary resuscitation
(hereafter referred to as CPR) provider courses;
(2) Repetition
of any educational activity with identical objectives and content within the
same reporting period;
(3) Employer
specific orientation or inservice programs which do not significantly enhance
the practice of respiratory care or related technologies;
(4)
Self-directed independent study such as reading of texts or journal articles
which have not been approved by any of the mechanisms listed under rule
4761-9-05 of the Administrative Code.
(5) Participation
in clinical practice or research that is not part of an approved RCCE activity;
(6) Personal
development activities not taken for the purpose of meeting RCCE
requirements;
(7) Professional
meetings and conventions except for those portions designated as approved RCCE activities;
(8) Community
service and volunteer practice;
(9) Membership
in a professional organization;
(10) RCCE contact hours ordered by the board, above and beyond the
prescribed contact hours, as set forth under rule 4761-9-03 of the
Administrative Code.
APPROVED SOURCES OF RCCE
Certain
activities are recognized by the Board as meeting the continuing education
requirements. These activities, if
reported, would be accepted by the Board.
Rule 4761-9-05
of the Adminstrative Code, states
(A) Applicants for renewal shall successfully
complete the required number of RCCE contact hours
according to rule 4761-9-04 of the Administrative Code. RCCE
earned from any combination of the following sources may be applicable towards
meeting RCCE requirements:
(1) Relevant
college credit awarded by an academic institution accredited by its regional
accrediting association.
(2) RCCE contact hours awarded by respiratory care educational
programs approved by the board in accordance with rule 4761-4-01 of the
Administrative Code.
(3) The
successful completion of advanced life support programs and/or instructors for
life support programs will qualify to meet the RCCE
requirement. Those meeting this requirement are, but may not be limited to
advanced cardiac life support (ACLS), pediatric advanced life support (PALS),
neonatal resuscitation program (NRP), and advanced trauma life support (ATLS). The
number of contact hours for each program must be assigned by the educational
provider. Licensees will be responsible for acquiring documentation supporting
completion of the program, the date of completion, and the number of contact hours
earned.
(4)
Recertification for ACLS, PALS, NRP, or ATLS. The
number of contact hours for each program must be assigned by the educational
provider. Licensees will be responsible for acquiring documentation supporting
completion of the program, the date of completion, and the number of contact
hours earned.
(5) All or
portions of a continuing education activity relevant to the practice of
respiratory care which meet the requirements of division (A) of rule 4761-9-01
of the Administrative Code and which have been approved by a professional
organization or association awarding continuing education contact hours,
including, but not limited to the American association for respiratory care
(A.A.R.C.), the American medical association (A.M.A.), the American nurses
association (A.N.A.), the Ohio society for respiratory care(O.S.R.C.), the Ohio
state medical association (O.S.M.A.), the Ohio nurses association (O.N.A.), the
Ohio thoracic society (O.T.S.), the American college of chest physicians
(A.C.C.P.), the American heart association (A.H.A.), the American lung
association (A.L.A.), the Ohio lung association (O.L.A.), and the American
association of critical care nurses (A.A.C.C.N.).
