8504-A - Mandatory continuing education for respiratory therapists.

§  8504-a.  Mandatory continuing education for respiratory therapists.  1.  (a) Each licensed respiratory therapist required under this  article  to  register  triennially  with  the department to practice in the state  shall comply with  provisions  of  the  mandatory  continuing  education  requirements prescribed in subdivision two of this section except as set  forth  in  paragraphs  (b)  and  (c)  of  this  subdivision. Respiratory  therapists  who  do  not  satisfy  the  mandatory  continuing  education  requirement  shall  not  practice until they have met such requirements,  and  have  been  issued  a  registration  certificate,  except  that   a  respiratory  therapist may practice without having met such requirements  if he or she is issued a conditional registration  certificate  pursuant  to subdivision three of this section.    (b)   Respiratory  therapists  shall  be  exempt  from  the  mandatory  continuing education requirement for the triennial  registration  period  during  which they are first licensed. In accord with the intent of this  section, adjustment to the mandatory  continuing  education  requirement  may  be granted by the department for reasons of health, certified by an  appropriate health care professional, for extended active duty with  the  armed forces of the United States, or for other good cause acceptable to  the department which may prevent compliance.    (c)  A  licensed  respiratory  therapist  not  engaged  in practice as  determined by  the  department,  shall  be  exempt  from  the  mandatory  continuing education requirement upon the filing of a statement with the  department  declaring  such  status.  Any  licensee who returns to their  respective practice as a  respiratory  therapist  during  the  triennial  registration  period shall notify the department prior to reentering the  profession and shall meet such mandatory education requirements as shall  be prescribed by regulations of the commissioner.    2.  During  each  triennial  registration  period  an  applicant   for  registration  as  a  respiratory  therapist  shall complete a minimum of  thirty hours of acceptable formal continuing education, as specified  in  subdivision  four  of  this  section, provided that no more than fifteen  hours of such continuing education shall consist of self-study  courses.  Any  respiratory  therapist  whose first registration date following the  effective date of this section occurs less than three  years  from  such  effective  date,  but on or after January first, two thousand one, shall  complete continuing education hours on a prorated basis at the  rate  of  five-sixths  of  one  hour  per  month  for the period beginning January  first, two thousand up to the  first  registration  date  thereafter.  A  licensee  who  has  not  satisfied  the  mandatory  continuing education  requirements shall not be issued a triennial registration certificate by  the department and shall not practice unless  and  until  a  conditional  registration  certificate is issued as provided for in subdivision three  of this section.  With  the  exception  of  continuing  education  hours  completed  during  the  registration  period  immediately  preceding the  effective date of this section,  continuing  education  hours  completed  during one triennium may not be transferred to a subsequent triennium.    3.  The  department,  in  its  discretion,  may  issue  a  conditional  registration to a licensee who fails to meet  the  continuing  education  requirements  established  in  subdivision  two  of this section but who  agrees to make up any deficiencies and complete any additional education  which the department  may  require.  The  fee  for  such  a  conditional  registration  shall  be the same as, and in addition to, the fee for the  triennial registration. The duration of  such  conditional  registration  shall be determined by the department but shall not exceed one year. Any  licensee  who  is  notified of the denial of registration for failure to  submit evidence, satisfactory to the department, of required  continuing  education  and  who  practices  as  a respiratory therapist without suchregistration, may be subject to  disciplinary  proceedings  pursuant  to  section sixty-five hundred ten of this title.    4.  As  used  in  subdivision  two of this section, "acceptable formal  continuing education" for respiratory therapy shall mean formal  courses  of  learning  which  contribute  to professional practice in respiratory  therapy and which meet the standards prescribed by  regulations  of  the  commissioner.  The  department  may,  in its discretion and as needed to  contribute to  the  health  and  welfare  of  the  public,  require  the  completion of continuing education courses in specific subjects.    5.  Respiratory  therapists  shall  maintain adequate documentation of  completion of acceptable formal continuing education and  shall  provide  such documentation at the request of the department.    6.  The  mandatory continuing education fee for respiratory therapists  shall be thirty dollars, shall be payable on or before the first day  of  each triennial registration period, and shall be paid in addition to the  triennial  registration fee required by section eighty-five hundred four  of this article.