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10.32.11.00.htm 10.32.11.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 32 BOARD OF PHYSICIANS Chapter 11 Licensing of Respiratory Care Practitioners Authority: Health Occupations Article, §1-213, 1-606, 14-205(a) 14-5A, and 14-5C-03, Annotated Code of Maryland; Ch. 328, Acts of 2008
10.32.11.01.htm 10.32.11.01. 01 Scope.. A. This chapter governs the practice of respiratory care.. B. This chapter does not prohibit any respiratory care student who is currently enrolled in an approved respiratory care educational program from performing any of the procedures described in this chapter as part of that program's respiratory care clinical curriculum.C. This chapter does not prohibit an individual from practicing a health occupation that the individual is authorized to prac
10.32.11.02.htm 10.32.11.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "AARC" means the American Association for Respiratory Care.. 2) "Accredited respiratory care education program" means a program accredited by the Commission on Accreditation for Respiratory Care or its successor.3) "Board" means the Board of Physicians.. 4) "Clinical supervision" means the responsibility of a respiratory care practitioner to exercise on
10.32.11.03.htm 10.32.11.03. 03 Incorporation by Reference.. The American Association for Respiratory Care Clinical Practice Guidelines (1997) is incorporated by reference.
10.32.11.04.htm 10.32.11.04. 04 Committee.. A. The Board shall establish a Respiratory Care Professional Standards Committee composed of the following individuals:1) Three licensed respiratory care practitioners;. 2) One licensed physician whose specialty is thoracic surgery;. 3) One licensed physician whose specialty is pulmonary medicine;. 4) One licensed physician whose specialty is anesthesiology; and. 5) One consumer member who meets the requirements specified in Health Occupations Article, §14-5A-06
10.32.11.05.htm 10.32.11.05. 05 Code of Ethics.. A. A respiratory care practitioner shall:. 1) Practice medically acceptable methods of treatment and may not endeavor to practice beyond the competence and the authority vested in the respiratory care practitioner by the physician;2) Continually strive to increase and improve the knowledge and skill to render to each patient the full measure of the respiratory care practitioner'3) Be responsible for the competent and efficient performance of assigned duties;.
10.32.11.06.htm 10.32.11.06. 06 Qualifications for Licensure as a Respiratory Care Practitioner.. A. An applicant shall:. 1) Be 18 years old or older;. 2) Be of good moral character;. 3) Demonstrate spoken and written competency in English by any of the following:. a) Graduation from a recognized English-speaking high school or undergraduate or graduate school after at least 3 years of enrollment;b) Graduation from a recognized English-speaking professional school; or. c) Receipt of a grade of:.
10.32.11.07.htm 10.32.11.07. 07 Examination.. A. The Board may require an applicant for licensure or a licensee to submit to one or more physical, mental, or other examinations, by a physician or evaluation program for treatment of impaired respiratory care practitioners, or both, chosen by the Board to determine the applicant's ability to practice respiratory care.B. The applicant or licensee shall pay the costs of the evaluations required in §A of this regulation.
10.32.11.08.htm 10.32.11.08. 08 Qualifications for Respiratory Care Practitioners Practicing Polysomnography.. A. A respiratory care practitioner licensed by the Board to practice respiratory care on or before December 31, 2012, whose duties include practicing respiratory care in a sleep laboratory or practicing polysomnography, is not required to obtain an additional license to practice polysomnography.B. A respiratory care practitioner licensed after December 31, 2012, whose duties include practicing
10.32.11.09.htm 10.32.11.09. 09 Scope of Practice, Identification, and Change in Name or Address.. A. A respiratory care practitioner may practice only under the supervision of and in collaboration with a physician.B. The practice of respiratory care includes the following:. 1) Direct and indirect respiratory care services that are safe, aseptic, preventive, and restorative to the patient;2) The practice of the principles, techniques, and theories derived from cardiopulmonary medicine;.
10.32.11.10.htm 10.32.11.10. 10 Standard of Care.. A. In evaluating the standard of care for the practice of a licensed respiratory care practitioner, the Board adopts and incorporates by reference the National Clinical Practice Guidelines published by the American Association of Respiratory Care (AARC)B. If a particular practice issue has not yet been addressed in the AARC guidelines, the Board may consult with the Maryland/District of Columbia Society for Respiratory Care or any licensed respirato
10.32.11.11.htm 10.32.11.11. 11 Renewal, Reinstatement, and Continuing Education.. A. Renewal.. 1) The Board may not renew a license until the Comptroller of Maryland has verified that the individual has paid all undisputed taxes and unemployment insurance contributions, or arranged for repayment, as required by COMAR 10.31.02.2) An individual who has been licensed by the Board as a respiratory care practitioner may renew the license every 2 years on the date specified by the Board by:
10.32.11.12.htm 10.32.11.12. 12 Fees.. The following fees are applicable to respiratory care practitioners:. A. Initial licensure fee . . . $200;. B. License renewal fees:. 1) License renewal fee . . . $150; and. 2) Maryland Health Care Commission (MHCC) fee . . . As determined by MHCC under COMAR 10.25.02;. C. Reinstatement fee . . . $200;. D. Replacement of registration card . . . $25;. E. Replacement of wall license . . . $75; and. F. Written verification fee . . . $25..
10.32.11.13.htm 10.32.11.13. 13 Denials, Reprimands, Suspensions, and Revocations.. A. Subject to the hearing provisions of Health Occupations Article, §14-405, Annotated Code of Maryland, the Board, on the affirmative vote of a majority of a quorum, may deny a license to any applicant, reprimand any licensee, place any licensee on probation, or suspend or revoke a license if the applicant or licensee:1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant, licensee,
10.32.11.14.htm 10.32.11.14. 14 Required Reports.. A. Except as provided in §B of this regulation, an employer of a licensed respiratory care practitioner shall report to the Board within 10 days of the action if the employer limits, reduces, or otherwise changes the responsibilities of or terminates a licensed respiratory care practitioner for any reason that might be grounds for disciplinary action under Health Occupations Article, Title 14, Subtitle 5A, Annotated Code of Maryland, or any regul
10.32.11.15.htm 10.32.11.15. 15 Penalties, Fines and Sanctioning Guidelines.. A. An individual who violates any provision of Health Occupations Article, Title 14, Subtitle 5A, Annotated Code of Maryland, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000, or imprisonment not exceeding 1 year, or both.B. The Board may impose a civil fine of not more than $5,000 on an individual who:. 1) Is not licensed to practice respiratory care in Maryland and represents
10.32.11.16.htm 10.32.11.16. 16 Sanctioning Guidelines for Respiratory Care Practitioners.. A. Subject to provisions of Regulation .15F and G of this chapter, the Board may impose sanctions as outlined in §B of this regulation on respiratory care practitioners for violations of Health Occupations Article, §14-5A-17(a) Annotated Code of Maryland.B. Range of Sanctions.. Ground. Maximum Sanction. Minimum Sanction. Maximum Fine. Minimum Fine. 1) Fraudulently or deceptively obtains or attempts
10.32.11.9999.htm 10.32.11.9999. Administrative History Effective date:. Regulations .01―06, .08, and .09 adopted effective November 11, 1991 (18:22 Md. R. 2396). Regulation .02B amended effective April 25, 1994 (21:8 Md. R. 674). Regulation .03 amended effective August 1, 1994 (21:15 Md. R. 1306). Regulation .05-1 adopted effective April 25, 1994 (21:8 Md. R. 674). Regulation .07 adopted effective February 17, 1992 (19:3 Md. R. 305) ―. Chapter, Certification of Respiratory Care Practitioners, repealed and new
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