Chapter 4761-5 Examination and Licensing

4761-5-01 Recognized examinations.

(A) For applicants for licensure by endorsement, the board recognizes the certified respiratory therapist examination (C.R.T.) or the registered respiratory therapist examination (R.R.T.) offered by the “National Board for Respiratory Care, Inc. (NBRC)” as meeting the requirements of division (A)(3) of section 4761.04 of the Revised Code for a period not exceeding three years following the date of successfully passing the examination. The board may waive the three year examination recognition period upon demonstration of regular employment in the practice of respiratory care in a non-licensed state within three years prior to the date of application for an Ohio license or proof of valid licensure from a licensed state recognized by the board as issuing a license based upon standards that are equivalent to those in the state of Ohio. An applicant holding a license from a state that is not recognized by the board as issuing a license based upon standards that are equivalent to those in the state of Ohio, may be required to complete continuing education contact hours equal to the biennial requirement in the state of Ohio under rule 4761-9-02 of the Administrative Code.

(B) For applicants for licensure by Ohio examination, the board recognizes the Ohio state credentialing examination offered by the NBRC. This examination shall be administered in accordance with the provisions of the agreement between the board and the NBRC. In order to attain a passing score on the examination, an applicant shall attain a scaled score of at least seventy-five per cent.

Effective: 08/15/2008

R.C. 119.032 review dates: 05/15/2008 and 08/15/2013

Promulgated Under: 119.03

Statutory Authority: 4761.03

Rule Amplifies: 4761.03, 4761.04

Prior Effective Dates: 3/10/90, 1/1/96, 5/19/97, 9/21/98, 3/26/01, 7/11/03

4761-5-02 Admission to the Ohio credentialing examination.

(A) An applicant for the Ohio credentialing examination must have an approved preliminary application for licensure form on file with the board that authorizes a waiver of the education requirement for licensure as set forth in Section 6 of Sub. House Bill 111 of the 118th General Assembly.

(B) An applicant for the Ohio credentialing examination shall file an application provided by the board to take the examination offered by the “National Board for Respiratory Care, Inc. (NBRC).” The original application shall be mailed to the NBRC, and a copy of the application shall be mailed to the board. The application mailed to the NBRC shall include an examination score release form.

(C) The application mailed to the NBRC shall include the nonrefundable examination fee.

(D) The applicant for the Ohio credentialing examination shall comply with any and all deadlines established by the NBRC.

R.C. 119.032 review dates: 05/15/2008 and 05/23/2010

Promulgated Under: 119.03

Statutory Authority: 4761.03 (A)(2)

Rule Amplifies: 4761.03, 4761.04, 4761.07

Prior Effective Dates: 3-10-90; 1-1-96; 9-21-98; 7-11-03

4761-5-04 License application procedure.

(A) Licensure by endorsement of national examination:

An applicant for licensure by endorsement shall file an initial license application form approved by the board and shall pay the initial application fee prescribed by the board.

(1) The written application filed by an applicant for licensure by endorsement shall include the following:

(a) An official transcript from an approved respiratory care educational program that meets the requirements of rule 4761-4-01 of the Administrative Code demonstrating that a degree or certificate of completion in respiratory care was issued. If an official transcript is unobtainable, a certified copy of the certificate of completion or degree will be accepted. If an applicant does not meet the educational requirement for licensure, an applicant must meet one of the waiver conditions stipulated under paragraph (D) of this rule.

(b) In accordance with the license application and as set forth in paragraph (A) of rule 4761-5-01 of the Administrative Code, proof of successfully passing an examination recognized by the board.

(c) Verification of respiratory care licensure status from any state or jurisdiction in which the applicant holds or has ever held a respiratory care license. Electronic verification from an official state website may be accepted if the state’s website validates the authenticity and accuracy of the information contained on its website.

(B) Licensure by examination:

An applicant for licensure by examination who filed a preliminary application for licensure and who qualified for the educational waiver provided for in Section 6 of Sub. House Bill 111 of the 118th General Assembly and who has passed the Ohio licensure examination in accordance with paragraph (B) of rule 4761-5-01 of the Administrative Code shall file with the board a signed application on forms approved by the board, and shall pay the fee prescribed by the board.

(C) Incomplete applications will be held open for ninety days following notification of incomplete requirements by regular mail. After sixty days, a final notice of incomplete application will be mailed by certified mail, return-receipt requested. If, by the end of the ninety day period, the application remains incomplete, it will be considered abandoned. After ninety days, if desired, the applicant must submit a new application, including fee.

(D) The board may waive the educational component for licensure if the applicant meets one of the following conditions:

(1) The applicant holds a certified respiratory therapist credential (CRT) issued by the national board for respiratory care, inc. (NBRC) and can demonstrate proof of employment in clinical respiratory care practice for an average of twenty-five hours per week for a period of no less than five years by a hospital, or

(2) The applicant holds a registered respiratory therapist credential (RRT) issued by the NBRC, or

(3) The applicant graduated from a board-approved respiratory care program prior to August 1, 1997 that was accredited by the joint review committee on respiratory therapy education in cooperation with the committee on accreditation of allied health educational programs.

Effective: 08/15/2008

R.C. 119.032 review dates: 05/15/2008 and 08/15/2013

Promulgated Under: 119.03

Statutory Authority: 4761.03

Rule Amplifies: 4761.03, 4761.04

Prior Effective Dates: 03/10/1990, 01/01/1994, 01/01/1996, 05/02/1996, 05/19/1997, 09/21/1998, 03/26/2001, 07/11/2003, 05/23/2005, 07/01/2007

4761-5-05 Non-resident practice of respiratory care.

(A) In accordance with division (A)(4) of section 4761.11 of the Revised Code, a non-resident, as defined under paragraph (G) of rule 4761-3-01 of the Administrative Code, may practice respiratory care in the state of Ohio under the supervision of a licensed respiratory care professional for no more than thirty days in a year if one of the following conditions are met:

(1) Qualifies for licensure in the state of Ohio, except for the passage of the examination as required under division (A)(3) of section 4761.04 of the Revised Code; or

(2) Holds a valid license issued by a state that has licensure requirements considered by the Ohio respiratory care board to be comparable to those of the state of Ohio and has not been issued a license in another state that has been revoked or is currently under suspension or probation.

(B) Prior to practicing in Ohio, non-residents must complete a non-resident registration form and file this form with the Ohio respiratory care board. Registrants must submit any documentation necessary to support either of the qualifications mentioned in paragraph (A)(1) or (A)(2) of this rule. Qualified registrants will be mailed a letter of authorization to practice in the state of Ohio. This letter must be shown to any employer offering to provide respiratory care in the state of Ohio with whom the registrant is employed. Registrants that fail to support meeting the qualifications for this exemption will be refused authorization to practice in the state of Ohio.

(C) Non-residents shall update the Ohio respiratory care board within five working days of any change in respiratory care employment in the state of Ohio or any change in residency status according to paragraph (G) of rule 4761-3-01 of the Administrative Code.

(D) Any registrant found practicing respiratory care in the state of Ohio after permanent residency is established or for more than thirty days in a year will be subject to action under section 4761.09 of the Revised Code, unless the registrant holds a valid Ohio license or limited permit.

R.C. 119.032 review dates: 05/15/2008 and 05/23/2010

Promulgated Under: 119.03

Statutory Authority: 4761.03

Rule Amplifies: 4761.11(A)(4)

Prior Effective Dates: 1/1/94, 5/19/97, 9/21/98, 3/26/01, 7-11-03

4761-5-06 Respiratory care practice by polysomnographic technologists.

(A) As used in division (B)(3) of section 4761.10 of the Revised Code, “a polysomnographic technologist” shall be defined as a person who holds a credential as a registered polysomnographic technologist (RPSGT) issued by the board of registered polysomnographic technologists (BRPT) or its successor organization.

(B) As used in division (B)(3) of section 4761.10 of the Revised Code, “a trainee” shall be defined as a person who, under the direct supervision of a polysomnographic technologist, performs respiratory care tasks as a part of a defined course of education leading to eligibility to take the comprehensive registry exam for polysomnographic technologists.

(C) As used in division (B)(3) of section 4761.10 of the Revised Code, “being eligible to be credentialled” shall be defined as a person who has completed the training and clinical experience required by the BRPT to take the comprehensive registry exam for polysomnographic technologists. Eligibility status shall not exceed eighteen months.

(D) As used in division (B)(3) of section 4761.10 of the Revised Code, “direct supervision” shall be defined as being immediately available to oversee and direct the care rendered by a trainee.

(E) The following respiratory care tasks performed in the diagnosis and therapeutic intervention of sleep-related breathing disorders may be performed upon the prescription or order under the general supervision of a physician:

(1) Application and titration of bi-level or continuous positive airway pressure;

(2) Application and titration of supplemental low flow oxygen;

(3) Application and monitoring of pulse oximetry;

(4) Application and monitoring of capnometry; and

(5) Patient education in the application of bi-level or continuous positive airway pressure, low flow oxygen, or pulse oximetry for the ongoing management of sleep-related disorders.

R.C. 119.032 review dates: 05/15/2008 and 05/23/2010

Promulgated Under: 119.03

Statutory Authority: 4761.03

Rule Amplifies: 4761.11(B)(3)

Prior Effective Dates: 3/26/01, 7/11/03

4761-5-07 Criminal records check.

(A) In addition to the requirements established in rules 4761-5-04 and 4761-6-01 of the Administrative Code, all applicants for an initial license or limited permit to practice respiratory care in the state of Ohio shall submit to a criminal records check completed by the Ohio bureau of criminal identification and investigation in accordance with section 4761.051 of the Revised Code. The results of the criminal records check shall be received by the board prior to processing of an initial application for license or limited permit.

(B) An applicant requesting a criminal records check shall provide the bureau of criminal identification and investigation with the applicant’s name, address, and any other information required by the bureau of criminal identification and investigation for the purpose of completing the criminal background check. The applicant shall cause the results of the criminal background check to be forwarded to the “Ohio Respiratory Care Board at 77 South High Street, 16th Floor, Columbus, Ohio 43215.”

(C) In the request, the applicant shall ask the superintendent of the bureau of criminal identification and investigation to obtain a civilian criminal background check and a criminal background check from the federal bureau of investigation.

(D) The Ohio respiratory care board will only accept the results of a criminal background check that is submitted to the board directly by the bureau of criminal identification and investigation in compliance with this rule.

(E) A criminal background check will not be required if the applicant has caused a criminal background check results report to be filed with the board in accordance with the requirements of this rule within one year prior to the date of initial application. A new criminal background check will be required if the applicant’s criminal background check results report on file with the board is greater than one year old based on the filing date of the results report with the board.

Effective: 08/15/2008

R.C. 119.032 review dates: 08/15/2013

Promulgated Under: 119.03

Statutory Authority: 4761.03 (A)(11)

Rule Amplifies: 4761.051