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View NCGA Bill Details2013-2014 Session
House Bill 285 (Public) Filed Tuesday, March 12, 2013
Intro. by Tolson, Hollo.

Status: Re-ref Com On Health Care (Senate Action) (Jun 20 2013)
H 285

Bill Summaries:

  • Summary date: Mar 27 2013 - View Summary

    House committee substitute makes the following changes to the 1st edition.

    Amends GS 90-648 (Definitions), making technical changes to the definition of respiratory care practitioner. Creates new GS 90-648(12a), adding the term and definition for respiratory therapist.

    Amends GS 90-652(5) (Powers and Duties of the Board), changing language to state that the Board has authority to investigate those that the "Board has reasonable cause to believe" are engaged in respiratory care, (was, Board believes).

    Amends GS 90-653, making technical and organizational changes to the 1st edition. Provides that the Board will state the terms and conditions of use of the license by the licensee.

    Amends GS 90-659 (Suspension, revocation, and refusal to renew a license), providing that except as provided in subsection (c) of this section, the Board can order a denial, refusal to renew, suspension, or revocation of a license.  Deletes language stating that the Board can impose the above restrictions/punishment without a hearing if it receives verified information of noncompliance with the requirements of licensure.

    Amends GS 90-659(c), establishing that the Board can deny an initial application for a license as a respiratory therapist without a hearing if the individual fails to submit a complete application. Makes technical changes.

    Amends GS 90-661 (Requirement of license), deleting GS 90-661(a)(3) and expanding GS 90-661(a)(2), the prohibition on using respiratory care practitioner, therapist, or initials or any likeness, combination, or insignia that might indicate or imply one is a licensed respiratory care practitioner or therapist.

    Amends GS 90-664(3) and (4), adding respiratory therapist to the subsection.

    Makes technical changes.

    Changes effective dates. Sections 2, 4, 7, and 11 (changes concerning respiratory therapists) of the act become effective January 1, 2015. GS 90-659(a), as amended in Section 6 of this act, becomes effective October 1, 2013. GS 90-659(b), (c), (d), and (g), as amended in Section 6 of this act, become effective October 1, 2013, and apply to applications filed, actions commenced, or action by the Board on or after that date. GS 90-659(e) and (f), as amended in Section 6 of this act, are effective when they become law and apply to causes of action arising on or after that date.

  • Summary date: Mar 12 2013 - View Summary

    Section 1

    Amends GS 90-648, definitions section of the Respiratory Care Practice Act, adding "the therapeutic effectiveness of an apparatus used in respiratory care treatment for an individual patient" to the definition for practice of respiratory care. Clarifies that the term also means any act by which an individual holds himself or herself out to the public or represents that the individual is authorized to practice respiratory care in this state.

    Amends the definition of support activities clarifying that the term does not include evaluation or assessment of the therapeutic effectiveness of any respiratory treatment for an individual patient. Makes technical changes.

    Section 2

    Amends GS 90-652 (Powers and duties of the Board), eliminating the requirement that applicants must submit a form consenting to a criminal record check and the use of their fingerprints (GS 90-652(1)). Expands the power of the board to include the investigation of activities of persons not licensed under this Article whom the NC Respiratory Care Board (Board) believes to be engaged in the practice of respiratory care, as well as all other things necessary and proper to enforce GS 90-652.

    Creates new GS 90-652(5a), authorizing the board to designate one or more employees to issue and serve subpoenas and other papers on its behalf. Service is permitted in accordance with any other methods of service allowed by law.

    Makes technical changes.

    Section 3

    Amends GS 90-653 (Licensure requirements; examination), to require that a form signed by the applicant consenting to a criminal record check and the use of fingerprints and other identifying information must be sent in with a completed application in order to meet licensure requirements.

    Requires that applicants for a respiratory therapist (RT) license must complete the requirements of an associate degree respiratory care program that is currently approved by the Commission on Accreditation for Respiratory Care or its successor and the program must submit a verified transcript directly to the Board. Also requires applicants to submit to the Board written evidence, verified by oath, that the applicant has met the minimal requirements for Basic Cardiac Life Support. Applicants must also submit written evidence they have successfully passed the Certified Respiratory Therapist exam, or its successor, given by the National Board for Respiratory Care Inc.

    The license allows the individual to practice under the direct supervision of a respiratory care practitioner that is also licensed. The Board will state the terms and conditions of use for the respiratory therapist license.

    Amends GS 90-653(4), requirements for a respiratory care practitioner (RCP) license, to require the applicant to: (1) Demonstrate that the applicant has successfully completed the minimal requirements of a baccalaureate degree respiratory care education program approved by the Board or an equivalent program approved by the Board. Verification must be by transcript submitted directly to the Board. (2) Submit written evidence to the Board, verified by oath, that the applicant successfully completed the requirements for Advanced Cardiac Life Support, Pediatric Advanced Life Support, or Neonatal Resuscitation Program. (3) Submit written evidence, verified by oath, that the applicant has passed the Registered Respiratory Therapist examination, or its successor, given by the National Board for Respiratory Care Inc.

    Makes technical and conforming changes.

    Effective January 1, 2015.

    Section 4

    Repeals GS 90-654 (Temporary license) and GS 90-656 (Provisional license).

    Section 5

    Amends GS 90-659 (Suspension, revocation, and refusal to renew a license), giving the Board authority to impose probationary conditions on a license, which can include placing limitations on the practice of respiratory care, reprimand, assessing monetary redress, or requiring satisfactory completion of treatment or educational programs.

    Expands the instances in which the Board has authority to impose restrictions concerning (1) conduct that employs fraud, deceit, or misrepresentation to obtain money or anything of value; (2) a licensee or applicant that has developed a physical or mental disability that renders the licensee or applicant unfit to practice respiratory care with reasonable skill and competence and in a manner not harmful to the public; (3) a licensee or applicant that has failed to respond within a reasonable period of time and in a reasonable manner, as determined by the Board, to inquiries from the Board concerning any matter affecting a license to practice respiratory care; (4) a licensee or applicant that has developed an impairment caused by the licensee or applicant's use of alcohol, drugs, or controlled substances, which interferes with the ability of the licensee or applicant to practice respiratory care with reasonable skill, competence, and in a manner not harmful to the public; (5) a licensee or applicant that has practiced respiratory care outside the boundaries of demonstrated competence or the limitations of education, training, or supervised experience; (6) a licensee or applicant that has had a license for the practice of respiratory care, in any other jurisdiction, suspended or revoked or has been disciplined by any licensing or certification board in any other jurisdiction for conduct that would subject the licensee or applicant to disciplinary action under this Article; and (7) a licensee or applicant that is a hazard to the public health by reason of having a serious communicable disease.

    Gives the Board authority to deny, refuse, refuse to renew, suspend, or revoke a license without any type of hearing if it receives verified information that an applicant has not met the requirements of GS 90-653(a).

    If, after notice is issued, a licensee or applicant fails to appear for a scheduled hearing, the Board may hear the evidence of those present and dispose of the matter on the basis of the evidence present.

    Provides that the Board and its members or staff are not civilly or criminally liable for exercising, in good faith, the powers and duties authorized by law and given to the Board.

    Provides protection from liability for persons, partnerships, firms, associations, authorities or other entities acting in good faith for reporting, assessing, monitoring, or providing expert medical opinion to the Board in regards to violations of this section and requirements. Liability is also extended for initiating or conducting proceedings against a licensee or applicant, if a complaint is filed or action taken is in good faith.

    Allows a licensee to, with consent of the Board, voluntarily relinquish a license. However, the Board may delay or refuse to grant consent in order to investigate pending complaints or allegations against the licensee.

    Gives Board authority to adopt rules it deems are reasonable and appropriate to implement the provisions of GS 90-659.

    Section 6

    Repeals GS 90-660(b)(6), concerning fees for provisional or temporary licenses.

    Section 7

    Makes technical and clarifying changes.

    Section 8

    Makes technical and clarifying changes.

    Amends GS 90-664(3), exempting respiratory care practitioners that serve in federal agencies, so long as the practitioner limits services to those directly related to work with the employing federal agency, from the requirements of the Respiratory Care Practice Act.

    Adds new subsection GS 90-664(5), also exempting persons licensed as a respiratory care practitioner in another jurisdiction while providing respiratory care in a declared emergency in this state, while a member of a organ harvesting team, or on board an ambulance as part of an ambulance transport team into or out of this state.

    Section 9

    Any person licensed as a respiratory therapist under GS 90, Article 38 (Respiratory Care Practice Act), who has passed the Certified Respiratory Therapist  examination on the effective date complies with the requirements of GS 90-653(a)(3). Any person licensed as a respiratory care practitioner under GS 90, Article 38, who has passed the Registered Respiratory Therapist examination on the effective date of this act complies with the requirements of GS 90-653(a)(4), as described in Section 3 of this act.

    Section 10

    Effective when the act becomes law unless otherwise indicated.