Chapter 4761-5 Examination and Licensing

4761-5-01 Waiver of licensing requirements pursuant to division (B) of section 4761.04 of the Revised Code.

(A) Recognition of current licensure in another state for the purposes of waiving division (A) of section 4761.04 of the Revised Code:

(1) Applicants meeting the following provisions shall be recognized as holding a license in another state based upon standards that are equivalent to those in the state of Ohio on the date of application. The board will waive the requirements of division (A) of section 4761.04 of the Revised Code with respect to any applicant that provides proof of the following:

(a) The applicant, on the date of application for an Ohio license, holds an active and valid license issued by another state or states and the license was issued in part or in whole based upon successful completion of either of the following examinations offered by the national board for respiratory care, inc.'s (NBRC) or its successor organization:

(i) The certified respiratory therapist (C.R.T.) examination taken prior to January 1, 2015; or

(ii) The registered respiratory therapist (R.R.T.) examination consisting of both the written and clinical simulation portions; and

(b) Each state of origin requires its licensees to complete at least as many contact hours of continuing education as the state of Ohio and the applicant is current on obtaining and reporting completed continuing education to each state of origin based on the renewal schedule of each state. If the applicant holds a license from a state that does not require as many contact hours of continuing education as the state of Ohio, the board will require the applicant to complete needed contact hours to make up the difference.

(B) Recognition of examinations for the purpose of waiving divisions (A)(2) and (A)(3) of section 4761.04 of the Revised Code:

(1) On and after January 1, 2015, the board recognizes successful completion of both portions of the R.R.T. examination administered by the NBRC or its successor organization as meeting the requirements of division (A)(3) of section 4761.04 of the Revised Code if the examination was passed within three years prior to the date of application for an Ohio license. The board will waive the requirements of divisions (A)(2) and (A)(3) of section 4761.04 for any applicant that has successfully completed both portions of the RRT examination in compliance with this rule.

(2) Prior to January 1, 2015, the board recognizes successful completion of the CRT examination administered by the NBRC as meeting the requirements of division (A)(3) of section 4761.04 of the Revised Code if the examination was passed within three years prior to the date of application for an Ohio license.

(3) The board will waive the three year examination recognition period contained in paragraphs (B)(1) and (B)(2) of this rule for persons demonstrating regular employment in the practice of respiratory care by an entity meeting the requirements of division (A)(2) of section 4761.11 of the Revised Code. Applicants meeting this requirement must show proof of successful completion of an examination recognized in paragraphs (B)(1) and (B)(2) of this rule.

(C) Recognition of examination for the purpose of Ohio credentialing:

(1) Applicants for licensure by Ohio credentialing must take and pass the Ohio state credentialing examination offered by the NBRC in accordance with rule 4761-5-02 of the Administrative Code. This examination shall be administered in accordance with the provisions of the agreement between the board and the NBRC; or

(2) Applicants must hold an active license from another state based on taking and passing a state credentialing examination that meets or exceeds the scope of the examination approved by the board under paragraph (C) (1) of this rule.

Replaces: 4761-5-01

Effective: 04/24/2013
R.C. 119.032 review dates: 04/24/2018
Promulgated Under: 119.03
Statutory Authority: 4761.03
Rule Amplifies: 4761.03 , 4761.04(A) , 4761.04(B)
Prior Effective Dates: 03/10/1990, 01/01/1996, 05/19/1997, 09/21/1998, 03/26/2001, 07/11/2003, 08/15/2008

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: 05/06/2010 and 05/06/2015
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) An applicant for licensure by recognition of another state or jurisdiction's license shall:

(1) File an initial license application form (form rcb-0002, revised 4/2013) approved by the board and shall pay the initial application fee prescribed by the board.

(2) Provide, in accordance with the license application form and as set forth in paragraph (A) of rule 4761-5-01 of the Administrative Code, verification of respiratory care licensure status from any state or jurisdiction in which the applicant holds or has ever held a respiratory care license. Acceptable methods of providing verification of licensure status from another state or jurisdiction are:

(a) A letter of license verification containing the official seal of the state or jurisdiction of origin; or

(b) An electronic license verification from an official state website, if the state or jurisdiction of origin validates the authenticity and accuracy of the electronic verification through a secure validation process.

(c) Documentation of the number of contact hours of continuing education completed in the state or jurisdiction of origin in accordance with paragraph (A)(1)(b) of rule 4761-5-01 of the Administrative Code.

(B) A letter of licensure verification or electronic license verification must contain the following to be acceptable:

(1) Name of the state or jurisdiction of origin.

(2) Name of the licensee.

(3) Initial issuance date of the license.

(4) Current status of the license.

(5) Expiration date of the license.

(6) Examination basis upon which the license was issued. If the examination basis is not obtainable from the state or jurisdiction of origin, the applicant is responsible for obtaining an official credential verification letter from the national board for respiratory care, inc. (NBRC) to verify that the license was issued based on the successful completion of an examination recognized by the board.

(C) An applicant for licensure by successful completion of an examination recognized by the board shall:

(1) File an initial license application form (form rcb-0002, revised 4/2013) approved by the board and shall pay the initial application fee prescribed by the board.

(2) Provide, in accordance with the license application form and as set forth in paragraph (B) of rule 4761-5-01 of the Administrative Code, verification of successful completion of any examination recognized by the board.

(D) 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.

(E) 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 the final notice is returned as unclaimed by the United States postal service, the board shall mail the final notice to the last address of record by regular mail. The final notice shall be deemed served on the date of mailing by regular mail. 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 form, including fee.

(F) Application forms are available on the board's website at www.respiratorycare.ohio.gov.

R.C. 119.032 review dates: 10/28/2013 and 08/15/2018
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, 07/012007, 08/15/2008, 04/24/2013, 08/12/2013

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: 05/06/2010 and 05/06/2015
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, 08/15/2008

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: 05/06/2010 and 05/06/2015
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.

R.C. 119.032 review dates: 10/28/2013 and 08/15/2018
Promulgated Under: 119.03
Statutory Authority: 4761.03(A)(11)
Rule Amplifies: 4761.051
Prior Effective Dates: 08/15/2008