Article 55.--RESPIRATORY THERAPY

K.A.R. 100-55-1.   Application. (a) Each applicant for a license to practice respiratory therapy shall submit the application on a form provided by the board. The form shall contain the following information:
(1) The applicant’s full name;  
(2) the applicant’s residence and mailing address;  
(3) employment information for five years the date of application;  
(4) information on any licenses, registrations, or certifications issued to the applicant to practice respiratory therapy; and  
(5) information on any prior acts constituting unprofessional conduct, as defined in K.A.R. 100-55-5.
(b) Each applicant shall submit the following with the application:
(1) The fee required by K.A.R. 100-55-4;
(2) an official transcript from an educational program approved by the board under K.A.R. 100-55-2;
(3) a notarized copy of a diploma from an approved educational program;
(4) a photograph of the applicant; and
(5) evidence provided directly to the board from the testing entity of the results of a written examination required and approved by the board under K.A.R. 100-55-3.
(c) The applicant shall sign the application, under oath. (Authorized by K.S.A. 1999 Supp.  65-5505; implementing K.S.A. 1999 Supp. 65-5506; effective, T-88-17, July 1, 1987; effective  May 1, 1988; amended Jan. 3, 1997; amended June 30, 2000.) 

K.A.R. 100-55-2.   Education requirements. A list of approved educational programs in respiratory therapy shall be maintained by the board. In determining whether an educational program should be approved, accreditation by the committee on accreditation for respiratory care or its predecessor at the time of applicant’s graduation may be considered by the board. (Authorized by K.S.A. 1999 Supp. 65-5505; implementing K.S.A. 1999 Supp. 65-5506; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 3, 1997; amended June 30, 2000.)
 
K.A.R. 100-55-3.  Examinations. (a) The examinations approved by the board to practice respiratory therapy, one of which shall be required for each applicant, shall be the following:
(1) The examination developed by the national board for respiratory care for credentialing as a certified respiratory therapist; and
(2) the examination developed by the national board for respiratory care for credentialing as a registered respiratory therapist.
(b) To pass the required and approved examination, each applicant shall achieve the minimum qualifying score established by the national board for respiratory care for certification or registration.
(c) Each applicant who has passed the required examination for a license and has not been in the active practice of respiratory therapy for more than one year, but less than five years shall provide one of the following:
(1) Evidence of completion of a minimum of 24 contact hours of continuing education; or
(2) proof that the applicant has passed one of the examinations required for a license within 12 months of the date the application was submitted.
(d) Each applicant who has passed the required examination for a license and has not been in the active practice of respiratory therapy for five years or more shall provide proof that the applicant has passed one of the examinations required for a license within 12 months of the date the application was submitted. (Authorized by K.S.A. 1999 Supp. 65-5505; implementing K.S.A. 1999 Supp. 65-5507; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 3, 1997; amended June 30, 2000.)

K.A.R. 100-55-4.   Fees. The following fees shall be collected by the board:
            (a)  Application for a license..................... $80.00
            (b) License renewal:
            (1) Paper renewal...................................... $75.00
            (2) On-line renewal................................... $72.00
            (c)  License late renewal:
            (1) Paper late renewal............................... $80.00
            (2) On-line late renewal............................ $77.00
            (d) License reinstatement......................... $80.00
            (e) Certified copy of license..................... $15.00
            (f) Special permit...................................... $15.00
            (g) Temporary license............................... $25.00
(Authorized by K.S.A. 65-5505; implementing K.S.A. 65-5509; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended, T-100-10-17-89, Oct. 17, 1989; amended Feb. 5, 1990; amended Jan. 3, 1997; amended May 1, 1998; amended June 30, 2000; amended Sept. 29, 2000; amended Jan. 10, 2003; amended, T-100-3-19-04, March 19, 2004; amended July 23, 2004; amended March 7, 2008.)

K.A.R. 100-55-5. Unprofessional conduct; defined. “Unprofessional conduct” means any of the following: (a) Using fraudulent or false advertisements;
(b) being addicted to intoxicating liquors or drugs;
(c) engaging in respiratory therapy under a false or assumed name or by impersonating another person licensed by the board as a  respiratory therapist;
(d) practicing respiratory therapy without reasonable skill and safety because of any of the following:
(1) Illness;
(2) alcoholism;
(3) excessive use of drugs, controlled substances, chemicals, or any other type of material; or
(4) a result of any mental or physical condition;
(e) having a respiratory therapy license, registration, or certification revoked, suspended, or limited or an application for any of these denied by the proper regulatory authority of another state, territory, or country, or of District of Columbia;
(f) cheating or attempting to subvert the validity of the examination required for licensure;
(g) having been found to be mentally ill, disabled, not guilty by reason of insanity, or incompetent to stand trial by a court of competent jurisdiction;
(h) failing to furnish to the board, or to its investigators or representatives, any information legally requested by the board;
(i) being sanctioned or disciplined by a peer review committee or medical care facility for acts or conduct that would constitute grounds for denial, refusal to renew, suspension, or revocation of a license under K.S.A. 65-5510 and amendments thereto;
(j) surrendering a license, registration, or certification to practice respiratory therapy in  another state while disciplinary proceedings are pending for acts or conduct that would constitute
grounds for denial, refusal to renew, suspension, or revocation of a license under K.S.A. 65-5510 and amendments thereto;
(k) being professionally incompetent, as defined in K.S.A. *65-2837 and amendments thereto;
(1) representing to a patient that a manifestly incurable disease, condition, or injury can be permanently cured;
(m) providing respiratory therapy to a patient without the consent of the patient or the patient’s legal representative;
(n) willfully betraying confidential information;
(o) advertising the ability to perform in a superior manner any professional service related to respiratory therapy;
(p) using any advertisement that is false, misleading, or deceptive in a material respect;
(q) committing conduct likely to deceive, defraud, or harm the public;
(r) making a false or misleading statement regarding the licensee’s skill;
(s) committing any act of sexual abuse, misconduct, or exploitation;
(t) obtaining any fee by fraud, deceit, or misrepresentation;
(u) charging an excessive fee for services rendered;
(v) failing to keep written records justifying the course of treatment of the patient;
(w) delegating respiratory therapy to a person who the licensee knows or has reason to know is not qualified by training or experience to perform it;
(x) willfully supervising the holder of a special permit when the holder is not currently enrolled in a recognized program of education;
(y) willfully allowing the holder of a special permit to perform tasks and procedures not verified by the respiratory therapy school on the holder’s task proficiency list.  (Authorized by and implementing K.S.A. 65-5510; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 3, 1997; amended June 30, 2000; amended May 23, 2003.)

K.A.R. 100-55-6.   Licensure; renewal; late renewal and reinstatement. (a) Each license issued by the board shall expire on March 31 of each year.
(b) A license issued or reinstated from January 1 through March 31 shall expire on March 31 of the following year.
(c) Each license may be renewed annually. The request for renewal shall be on a form provided by the board and shall be accompanied by the following:
(1) The prescribed license renewal fee; and
(2) proof of satisfactory completion of a program of continuing education as required by the board.
(d) Licenses not renewed by March 31 may be renewed for a period of 30 days thereafter upon request of the licensee. The request for late renewal shall be on the same form as that required for renewal and shall be accompanied by the following:
(1) The prescribed license late renewal fee; and
(2) proof of satisfactory completion of a program of continuing education as required by the board.
(e) Any applicant may request reinstatement of a license that has expired for a period of more than 30 days. The request for reinstatement shall be on a form provided by the board and shall be accompanied by the following:
(1) The prescribed license reinstatement fee; and
(2)(A) Proof of satisfactory completion of a program of continuing education as required by the board; or
(B) proof that the licensee has passed one of the examinations for a license required under K.A.R. 100-55-3 within the past six months. (Authorized by K.S.A. 1999 Supp. 65-55-05; implementing K.S.A. 1999 Supp. 65-5512; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Dec. 27, 1993; amended Jan. 3, 1997; amended June 30, 2000.)

K.A.R. 100-55-7.   Continuing education; license renewal.         (a) On and after May 1, 2000, each licensee shall submit documented evidence of completion of a minimum of 12 contact hours of continuing education since April 1 of the previous year, before or with the request for renewal.
(b) Any licensee who suffered an illness or injury that made it impossible or extremely difficult to reasonably obtain the required contact hours may be granted an extension of not more than six months.
(c) A respiratory therapist initially licensed after September 30 shall be exempt from the continuing education required by subsection (a) for the first renewal period.
(d) A contact hour shall be 50 minutes of instruction or its equivalent.
(e) The purpose of continuing education shall be to provide evidence of continued competency in the advancing art and science of respiratory therapy. All program objectives, curricular content, presenter qualifications, and outcomes shall be subject to review. Contact hours shall be determined based on program content, outcomes, and participant involvement.
(f) Continuing education shall be acquired from the following:
(1) Seminars and symposiums. A seminar shall mean directed advanced study or discussion in a specific field of interest. A symposium shall mean a conference of more than a single session organized for the purpose of discussing a specific subject from various viewpoints and by various speakers.
(2) Programs. A program shall mean a single learning experience designed to enhance knowledge, skill, and attitudes related
to respiratory therapy. A program shall consist of at least one contact hour. Learning activities in the work setting designed to assist the individual in fulfilling employer requirements, including in-service education and on-the-job training, shall not be eligible for continuing education credit.
(3) Nontraditional or alternative educational programs. A nontraditional or alternative educational program shall be defined as one that is not presented in the typical conference setting. Educational programs may be provided by any print medium or presented through the internet or other electronic medium such as video teleconferencing.
(4) Clinical instruction. Clinical instruction shall mean the education and evaluation of a respiratory therapy student in the clinical setting. A maximum of three hours may be given for clinical instruction.
(5) Program presentations. Any licensee who presents a continuing education program or its equivalent shall receive two contact hours for each hour of presentation. No credit shall be granted for any subsequent presentations on the same subject content.
(6) Voluntary re-credentialing. Any licensee who completes voluntary re-credentialing shall receive the number of contact hours approved by the American association for respiratory care. (Authorized by K.S.A. 1999 Supp. 65-5505; implementing K.S.A. 1999 Supp. 65-5512; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 3, 1997; amended June 30, 2000.)

K.A.R. 100-55-8.   Reinstatement; expired and revoked licenses. (a) Each applicant desiring to reinstate a license that has been expired for more than 30 days shall submit proof of continuing education as follows:
(1) If the time since the license expired has been one year or less, no continuing education in addition to that which would have been necessary had the license been renewed before expiration shall be required;
(2) If, since the date the license expired, the applicant has been in the active practice of respiratory therapy in another state or jurisdiction that requires a license, registration, or certification to practice, the applicant shall submit proof of the current license, registration, or certification, and compliance with the continuing education requirements of that jurisdiction.
(3) If the time since the license expired has been more than one year but less than five years, the applicant shall provide one of the following:
(A) Evidence of completion of a minimum of 24 contact hours of continuing education; or
(B) proof that the applicant has passed one of the examinations required for a license within 12 months of the date the application was submitted.
(4) If the time since the license expired has been five years or more, the applicant shall provide proof that the applicant has passed one of the examinations required for a license within 12 months of the date the application was submitted.
(b) Each applicant seeking reinstatement of a revoked license shall successfully complete an individually tailored program approved by the board. (Authorized by K.S.A. 1999 Supp. 65-5505; implementing K.S.A. 1999 Supp. 65-5512; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 3, 1997; amended June 30, 2000.)

K.A.R. 100-55-9.  Special permits.  (a) Each student who holds a special permit shall be identified as a student respiratory therapist or “student R.T.” by a name tag that includes the student’s job title.
(b) A special permit shall be valid for a period not to exceed 24 months and shall not be extended without additional proof that the student continues to be enrolled in an approved school of respiratory therapy.
(c) During October of each year, each student who holds a special permit shall provide the following to the board:
(1) Verification of current enrollment in an approved school of respiratory therapy; and
(2) a statement of the anticipated graduation date.
(d) Each special permit issued to a student who fails to meet the requirements under subsection (c) shall expire on November 1 of the year in which the verification and statement were to be provided.
(e) Each applicant for a special permit shall have a task proficiency list verified and submitted directly to the board by the school of respiratory therapy.  The task proficiency list may be updated at the end of each session by the school of respiratory therapy.  Each holder of a special permit shall perform only those tasks verified on the most recent task proficiency list that has been submitted directly to the board.
(f) Before engaging in any clinical assignments, each holder of a special permit shall present the current task proficiency list to the employer.
(g) The licensed respiratory therapist responsible for the supervision of a student holding a special permit shall meet the requirements for supervision specified in K.A.R. 100-55-11(d).  (Authorized by K.S.A. 65-5505; implementing K.S.A. 65-5508; effective Jan. 3, 1997; amended June 30, 2000; amended May 23, 2003.)

K.A.R. 100-55-10.  (Authorized by K.S.A. 65-5505; implementing K.S.A. 65-5508; effective Jan. 3, 1997; revoked May 1, 1998.)

K.A.R. 100-55-11. Delegation and supervision. (a) The delegation of respiratory therapy procedures by a licensed respiratory therapist to an unlicensed person may be made after the respiratory therapist has determined all of the following:
(1) The health status and mental and physical stability of the individual receiving care;
(2) the complexity of the procedures;
(3) the training and competence of the unlicensed person;
(4) the proximity and availability of the respiratory therapist when the procedures are performed;
(5) the degree of supervision required for the unlicensed person; and
(6) the length and number of times that the procedures may be performed.
(b) The procedures that may be delegated to an unlicensed person shall be only those that meet the following criteria:
(1) Would be determined by a reasonable and prudent respiratory therapist to be within the scope of accepted respiratory therapy standards or practice;
(2) can be performed properly and safely by an unlicensed person;
(3) do not require the unlicensed person to perform an assessment or to alter care;
(4) do not require the specific skills, evaluation, and judgment of a licensed respiratory therapist; and
(5) do not allow an unlicensed person to perform either of the following:
(A) Continue to perform the procedures on an ongoing basis; or
 (B) perform the same procedures on other individuals without specific delegation.
(c) The licensed respiratory therapist shall be responsible for the following:
(1) The management and provision of care; and
(2) the performance of the procedures in compliance with established standards of practice, policies, and procedures.
(d) The supervision of an unlicensed person by a licensed respiratory therapist shall include all of the following:
(1) Providing clear directions for and expectations of how the procedures are to be performed;
(2) being available for communication with the unlicensed person when the procedures are performed;
(3) monitoring the performance of the procedures to assure compliance with established standards of practice, policies, and procedures;
(4) intervening, as necessary;
(5) ensuring that the unlicensed person makes appropriate documentation of the procedures that are performed;
(6) reassessing, reevaluating, and altering care, as necessary; and
(7) determining the appropriateness of continued delegation of the procedures. (Authorized by K.S.A. 1999 Supp. 65-5505; implementing K.S.A. 1999 Supp. 65-5514; effective June 30, 2000.)