Chapter 4761-9 Continuing Education

4761-9-01 Definition of respiratory care continuing education.

(A) "Respiratory care continuing education" (hereafter referred to as RCCE), as required under section 4761.06 of the Revised Code, means post-licensure learning experiences which are approved by the Ohio respiratory care board (hereafter referred to as the board) and which enhance or build upon the licensees current knowledge or educational background as it pertains to the practice of respiratory care, as set forth in section 4761.01 of the Revised Code.

(B) For the purposes of this chapter, the following definitions shall apply:

(1) "Post-licensure" means the period following the granting of a license under section 4761.04 of the Revised Code or a limited permit issued under division (B) of section 4761.05 of the Revised Code.

(2) "Learning experiences" means activities or programs which allow respiratory care providers to obtain or enhance skills, knowledge, or behavior needed to provide respiratory care.

(3) "Approved by the Ohio respiratory care board" means that the RCCE program or activity qualifies for official recognition by the board in accordance with one of the approval mechanisms set forth in rule 4761-9-05 of the Administrative Code.

(4) "Licensee" means the holder of a license issued under section 4761.04 of the Revised Code or a limited permit issued under division (B)(1)(b) of section 4761.05 of the Revised Code.

(5) "Contact hour" means fifty or sixty minutes of planned classroom, clinical, or provider-directed independent study.

(a) Calculation of contact hours from credit hours earned in an academic institution shall be done using the following formula:

(i) Quarter system: one credit hour = ten contact hours;

(ii) Trimester system: one credit hour = twelve contact hours;

(iii) Semester system: one credit hour = fifteen contact hours.

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(A)(4) , 4761.03 , 4761.06
Prior Effective Dates: 03/10/1990, 01/01/1994, 05/02/1996, 08/15/2008

4761-9-02 General RCCE requirements and reporting mechanism.

(A) Licensees and limited permit holders shall verify the successful attainment of RCCE from sources approved by the board as set forth in rule 4761-9-05 of the Administrative Code.

(B) RCCE contact hours shall be obtained during the term of collection as set forth in paragraphs (C)(1) and (C)(2) of this rule. RCCE contact hours shall be earned prior to the license or limited permit expiration date for the renewal period. RCCE contact hours earned during the term of collection in excess of required contact hours cannot be applied towards a subsequent renewal period, unless the RCCE contact hours are earned after the filing date of a completed renewal application that is filed prior to the end of the renewal cycle for the specific authorization type held. A renewal application will be deemed complete when the renewal application form is filled out in its entirety, all continuing education required has been reported and is valid and the full renewal fee has been submitted.

(C) Continuing education earned for license or limited permit renewal must minimally include the following content requirements:

(1) An applicant for license renewal shall complete twenty contact hours of relevant RCCE every two years, beginning with the license renewal date and ending on the license expiration date established under paragraph (D) of rule 4761-7-01 of the Administrative Code, unless a waiver is granted under paragraph (G) of this rule. RCCE earned for license renewal must include the following content requirement:

(a) One contact hour of RCCE on Ohio respiratory care law or professional ethics as set forth in rule 4761-9-04 of the Administrative Code; and

(b) At least fifteen of the required contact hours must include content relating to the provision of clinical respiratory care as defined under section 4761.01 of the Revised Code; and

(c) The remaining four contact hours may include indirectly related content, including, but not limited to, activities relevant to specialized aspects of respiratory care, such as education, supervision, management, health care cost containment, cost management, health quality standards, disease prevention, health promotion, or abuse reporting.

(2) An applicant for renewal of a limited permit issued under paragraph (A)(1)(c) of rule 4761-6-01 of the Administrative Code, shall complete ten contact hours of relevant RCCE every year, beginning with the limited permit renewal date and ending on the limited permit expiration date established under paragraph (E) of rule 4761-7-01 of the Administrative Code, unless a waiver is granted under paragraph (G)(2) of this rule. RCCE earned for license renewal must include the following content requirement:

(a) One contact hour of RCCE on Ohio respiratory care law or professional ethics as set forth in rule 4761-9-04 of the Administrative Code; and

(b) At least seven of the required contact hours must include content relating to the provision of clinical respiratory care as defined under section 4761.01 of the Revised Code; and

(c) The remaining two contact hours may include indirectly related content, including, but not limited to activities relevant to specialized aspects of respiratory care, such as education, supervision, management, health care cost containment, cost management, health quality standards, disease prevention, health promotion, or abuse reporting.

(D) In lieu of completing RCCE contact hours required under paragraphs (C)(1)(b), (C)(1)(c), (C)(2)(b) and (C)(2)(c) of this rule, applicants may submit proof of successfully passing any written professional examination administered by the national board for respiratory care, inc. (NBRC), including the written registry examination for advanced respiratory therapists, the recredentialing examination for certified respiratory therapists, the written examination for certified pulmonary function technologists, the written examination for registered pulmonary function technologists, or the written examination for perinatal/pediatric respiratory care. The registered polysomnographic technologist examination administered by the board of registered polysomnographic technologists (BRPT) and the certified asthma educator examination administered by the national asthma certification board (NACB) are also accepted written examinations.

(E) If applicable, the application form for license or limited permit renewal shall include a section for recording RCCE compliance. Licensees or limited permit holders shall complete the section to certify the completion of the required contact hours of RCCE for the current renewal period.

(F) It shall be the responsibility of the licensee to maintain and keep all records to serve as documentation for any audit which may be conducted in accordance with rule 4761-9-07 of the Administrative Code pertaining to the completion of RCCE requirements; including, but not limited to certificates of completion, transcripts, letters of attendance, or attendance registers. Records shall be maintained for a period of four years or two renewal periods for the holders of a license issued under section 4761.04 of the Revised Code and for a period of three years or three renewal periods for the holders of a limited permit issued under division (B)(1)(b) of section 4761.05 of the Revised Code. Legible copies shall be sent to the board only in response to an audit.

(G) Waiver of RCCE requirements.

(1) A first time license holder in the state of Ohio who has been licensed for more than six months, but less than one year from the license expiration date must complete at least one half of the RCCE requirements listed in paragraph (C)(1) of this rule, including one contact hour on Ohio respiratory care law or professional ethics. First time license holders who have held a license for less than six months from the biennial license expiration date will not be required to complete the RCCE requirements for the current term of collection, but will have to complete the RCCE requirements for the following biennial renewal period.

(2) At the time of filing an application for license or limited permit renewal, a request to waive the RCCE requirements may be filed. The board may grant the following waivers if documentation requested is provided:

(a) The applicant is an active duty military service member or the spouse of an active duty service member serving outside ofOhio. Applicants for renewal of a license or limited permit presenting a copy of military service orders for self or a spouse may be eligible for the following:

(i) Waiver of all RCCE required if on active duty military service and active duty service time exceed more than one half of the term of collection for the authorization type held.

(ii) Extension of due date for completion of required RCCE, if on active duty military service for periods of time less than one half of the term of collection for the authorization type held. In these cases, the board shall extend the RCCE completion due date for a period of time equal the the time spent in active duty military service.

(b) Waiver of all RCCE required if applicant has been prevented from completing the RCCE requirement due to a documented medical disability for more than one half of the term of collection for the authorization type held.

Effective: 06/04/2014
R.C. 119.032 review dates: 05/06/2015
Promulgated Under: 119.03
Statutory Authority: 4761.03(A)(4) , 4761.03(A)(8)
Rule Amplifies: 4761.03(a)(4) , 4761.03(a)(8) , 4761.06
Prior Effective Dates: 03/10/1990, 01/01/1994, 01/01/1996, 05/02/1996, 09/21/1998, 07/11/2003, 07/01/2008, 10/26/2009

4761-9-03 Activities which do not meet the Ohio RCCE requirements.

(A) Activities which do not meet the Ohio RCCE requirement shall include but not be limited to:

(1) Basic life support (hereafter referred to as BLS) and cardiopulmonary resuscitation (hereafter referred to as CPR) provider courses;

(2) Repetition of any educational activity with identical objectives and content within the same reporting period;

(3) Employer specific orientation or inservice programs which do not significantly enhance the practice of respiratory care or related technologies;

(4) Self-directed independent study such as reading of texts or journal articles which have not been approved by any of the mechanisms listed under rule 4761-9-05 of the Administrative Code.

(5) Participation in clinical practice or research that is not part of an approved RCCE activity;

(6) Personal development activities not taken for the purpose of meeting RCCE requirements;

(7) Professional meetings and conventions except for those portions designated as approved RCCE activities;

(8) Community service and volunteer practice;

(9) Membership in a professional organization;

(10) RCCE contact hours ordered by the board, above and beyond the prescribed contact hours, as set forth under rule 4761-9-03 of the Administrative Code.

R.C. 119.032 review dates: 05/06/2010 and 05/06/2015
Promulgated Under: 119.03
Statutory Authority: 4761.03(A)(3) , 4761.03(A)(4)
Rule Amplifies: 4761.03(a)(3) , 4761.03(a)(4) , 4761.06
Prior Effective Dates: 1/1/94. 1/1/96, 7/11/03, 10/26/2009

4761-9-04 Ohio respiratory care law and professional ethics course criteria.

(A) An acceptable course in Ohio respiratory care law or professional ethics shall meet the following criteria and be awarded or approved through an activity meeting the requirements of rule 4761-9-05 of the Administrative Code:

(1) The course shall be at least one contact hour in length; and

(2) The course content shall include one of the following:

(a) Standards of respiratory care practice and ethical conduct; or

(b) Acts that constitute violations of the respiratory care practice law under section 4761.09 of the Revised Code; or

(c) Obligations to report alleged violations of Chapter 4761 of the Revised Code or rules adopted thereunder; or

(d) Medical ethics.

R.C. 119.032 review dates: 05/06/2010 and 05/06/2015
Promulgated Under: 119.03
Statutory Authority: 4761.03(A)(3) and (A)(4)
Rule Amplifies: 4761.03(a)(3) and (a)(4) , 4761.06
Prior Effective Dates: 03/10/1990, 01/01/1994, 05/02/1996, 09/21/1998, 03/26/2001, 07/11/2003, 07/01/2008

4761-9-05 Approved sources of RCCE.

(A) Applicants for renewal shall successfully complete the required number of RCCE contact hours according to rule 4761-9-02 of the Administrative Code. RCCE earned from any combination of the following sources may be applicable towards meeting RCCE requirements:

(1) Relevant college credit awarded by an academic institution accredited by its regional accrediting association.

(2) RCCE contact hours awarded by respiratory care educational programs approved by the board in accordance with rule 4761-4-01 of the Administrative Code.

(3) The successful completion of advanced life support programs and/or instructors for life support programs will qualify to meet the RCCE requirement. Those meeting this requirement are, but may not be limited to advanced cardiac life support (ACLS), pediatric advanced life support (PALS), neonatal resuscitation program (NRP), and advanced trauma life support (ATLS). The number of contact hours for each program must be assigned by the educational provider. Licensees will be responsible for acquiring documentation supporting completion of the program, the date of completion, and the number of contact hours earned.

(4) Recertification for ACLS, PALS, NRP, or ATLS. The number of contact hours for each program must be assigned by the educational provider. Licensees will be responsible for acquiring documentation supporting completion of the program, the date of completion, and the number of contact hours earned.

(5) All or portions of a continuing education activity relevant to the practice of respiratory care which meet the requirements of paragraph (A) of rule 4761-9-01 of the Administrative Code and which have been approved by a professional organization or association awarding continuing education contact hours, including, but not limited to the American association for respiratory care (A.A.R.C.), the American medical association (A.M.A.), the American nurses association (A.N.A.), the Ohio society for respiratory care (O.S.R.C.), the Ohio state medical association (O.S.M.A.), the Ohio nurses association (O.N.A.), the Ohio thoracic society (O.T.S.), the American college of chest physicians (A.C.C.P.), the American heart association (A.H.A.), the American lung association (A.L.A.), the Ohio lung association (O.L.A.), and the American association of critical care nurses (A.A.C.C.N.).

(6) Relevant education and training provided by a branch of the U.S. military for active duty military service members.

(7) Professional ethics or Ohio respiratory care law continuing education programs approved by the Ohio respiratory care board for the purposes of meeting the requirements of rule 4761-9-04 of the Administrative Code. Providers must file a written request for approval with the Ohio respiratory care board, including a description of the course and qualifications of the course instructors. The Ohio respiratory care board, in its discretion, may approve or reject any course offering.

Effective: 06/04/2014
R.C. 119.032 review dates: 08/15/2018
Promulgated Under: 119.03
Statutory Authority: 4761.03
Rule Amplifies: 4761.03 , 4761.06
Prior Effective Dates: 01/01/1994, 05/19/1997, 09/21/1998, 07/11/2003, 07/01/2008, 08/15/2008

4761-9-07 Auditing for compliance with RCCE requirements.

(A) To monitor compliance with the RCCE requirements, audits shall be conducted retrospectively on the following:

(1) A random sample of license and permit holders;

(2) Licensees who indicate non-compliance with the RCCE portion of the annual license or limited permit renewal form; and

(3) Licensees who fail to complete the RCCE portion of the license or limited permit renewal form.

(B) Audits may also be conducted in response to complaints received by the board or upon reporting less than the required number of contact hours on a renewal application.

(C) Audits may be required at any time within the year following the renewal of a limited permit or within the three year period following the renewal of a license.

(D) The audit procedure shall be as follows:

(1) Licensees shall receive a notice of audit by regular mail which includes the rationale for the audit, the term of RCCE collection under consideration, and instructions for compliance with the audit;

(2) Audited licensees shall be required to submit notarized proof of RCCE validating the completions of the required contact hours by license type under rule 4761-9-04 of this chapter

(3) Licensees shall have thirty days to comply with the audit request;

(4) Audit investigations shall be conducted on a schedule determined by the board.

(5) Proof of RCCE submitted to the board in response to an audit shall not be returned to the licensee or retained by the board after verification of RCCE is established in accordance with this chapter;

(E) The board shall verify all proof of RCCE submitted in response to a notice of audit.

(1) If the information submitted to the board in response to a notice of audit meets the requirements of the board, no further action shall be taken.

(2) If the information submitted to the board in response to a notice of audit indicates non-compliance of any kind, the licensee shall receive a report outlining the areas of non-compliance. The licensee will have fifteen days from the receipt of the report to file a written response with the board.

(3) If the board does not receive a satisfactory response to the notice of audit within thirty days, as set forth in paragraph (D)(3) of this rule, or to the report of non-compliance within fifteen days, as set forth in paragraph (E)(2) of this rule, there shall be an opportunity for hearing notice issued in accordance with Chapter 119. of the Revised Code and rule 4761-11-02 of the Administrative Code. Pursuant to a hearing in accordance with Chapter 119. of the Revised Code, the board may impose one or more of the sanctions provided in section 4761.09 of the Revised Code, including the imposition of fines, as set forth under rule 4761-11-03 of the Administrative Code.

R.C. 119.032 review dates: 05/06/2010 and 05/06/2015
Promulgated Under: 119.03
Statutory Authority: 4761.03
Rule Amplifies: 4761.03 , 4761.06
Prior Effective Dates: 1/1/94, 1/1/96, 9/21/98, 3/26/01, 7/11/03