Jurisprudence Module 1.1 Continuing Education Requirements Ohio Respiratory Care Board
Ohio Respiratory Care Board Executive Director
http://www.respiratorycare.ohio.gov
 

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.).

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