Report Title:

Respiratory Care Practitioners; Licensing

 

Description:

Establishes licensing requirements for respiratory care practitioners. (SD1)

 


THE SENATE

S.B. NO.

1332

TWENTY-FIFTH LEGISLATURE, 2009

S.D. 1

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HEALTHCARE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that the practice of respiratory care in Hawaii affects the public health, safety, and welfare of people in the State.  Accordingly, the practice of respiratory care should be subject to regulation and control in order to protect the public from the unqualified practice of respiratory care and from unprofessional conduct by persons licensed to practice respiratory care.

     The legislature further finds that the practice of respiratory care is a dynamic and changing science, the practice of which continues to evolve with more sophisticated techniques and clinical modalities in patient care.

     The purpose of this Act is to regulate the practice of respiratory care by establishing a state respiratory care board and licensure requirements.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to title 25 to be appropriately designated and to read as follows:

"CHAPTER

RESPIRATORY CARE PRACTITIONERS

     §   -1  Definitions.  For the purposes of this chapter:

     "Board" means the respiratory care practitioner board.

     "Department" means the department of commerce and consumer affairs.

     "Director" means the director of commerce and consumer affairs.

     "Respiratory care practitioner" means a person who provides therapy, management, rehabilitation, support services for diagnostic evaluation, and care of patients with deficiencies and abnormalities which affect the pulmonary system under the overall direction of a licensed physician, including:

     (1)  Direct and indirect pulmonary care services that are safe, aseptic, preventative, and restorative to the patient;

     (2)  The teaching of techniques relating to respiratory care;

     (3)  Direct and indirect respiratory care services, including the administration of pharmacological, diagnostic, and therapeutic care related to respiratory care procedures necessary to implement treatment, disease prevention, and pulmonary rehabilitative or diagnostic regimen prescribed by a physician or nurse;

     (4)  Observation and monitoring of signs, symptoms, reactions, and physical responses to respiratory care treatment and diagnostic testing;

     (5)  Diagnostic or therapeutic use of the following:

         (A)  Administration of medical gases, excluding general anesthesia;

         (B)  Aerosols, humidification, environmental control systems, or biomedical therapy;

         (C)  Pharmacological care related to respiratory care procedures;

         (D)  Mechanical or physiological ventilatory support, including maintenance of natural airways and insertion and maintenance of artificial airways;

         (E)  Cardiopulmonary resuscitation; or

         (F)  Respiratory protocol and evaluation, and diagnostic and testing techniques required for implementation of respiratory care protocols; and

     (6)  The transcription and implementation of the written and verbal orders of a physician pertaining to the practice of respiratory care.

     §   -2  Limitations of respiratory care practitioner license.  Nothing in this chapter shall be construed as authorizing a respiratory care practitioner to practice medicine or perform surgery or any other form of healing except as authorized by the sections of this chapter.

     §   -3  License required.  No person without a license as a respiratory care practitioner shall use the title "respiratory care practitioner," or like title, or perform the duties of a respiratory care practitioner; provided that this chapter shall not prohibit any practice of respiratory therapy that is an integral part of a program of study for students enrolled in an accredited respiratory therapy program.

     §   -4  Powers and duties of the director.  In addition to any other powers and duties authorized by law, the director shall:

     (1)  Adopt rules pursuant to chapter 91 to develop standards for licensure;

     (2)  Prepare and administer examinations sponsored by the American Association for Respiratory Care;

     (3)  Issue, renew, suspend, and revoke licenses;

     (4)  Investigate and conduct hearings regarding any violation of this chapter or any rules adopted to implement this chapter; and

     (5)  Establish a fee schedule for the administration and enforcement of this chapter, including but not limited to fees for original licensure, renewal, and license restoration.

     §   -5  Respiratory care practitioner board; established.  (a)  There is established within the department of commerce and consumer affairs for administrative purposes the state respiratory care practitioner board. 

     (b)  The director shall appoint five members to the board.  Three of these members shall have at least five years of experience in the State in the practice of respiratory care.

     (c)  The director shall consider the recommendations of the board on questions involving standards of professional conduct, discipline, continuing education requirements, and qualifications for licensure under this chapter.

     (d)  The board shall conduct investigations of allegations of licensee misconduct pursuant to section 92-17, and shall keep a record of all its proceedings and activities.  The provisions of chapter 92F shall prevail in the disclosure of information by the board.

     §   -6  Qualifications for license.  Notwithstanding any other law to the contrary, an individual shall meet the following requirements in order to qualify for a respiratory care license:

     (1)  Apply in writing on a form prescribed by the department and submit the fee set by the department for application;

     (2)  Successfully complete a respiratory care training program approved by the American Association for Respiratory Care;

     (3)  Pass a background check that shall include a review of the applicant's respiratory care practitioner licensure history in other jurisdictions, including a review of any alleged misconduct or neglect in the practice of respiratory care on the part of the applicant; and

     (4)  Pass an examination for the practice of respiratory care within five years of making an application; provided that individuals who have graduated from a respiratory care practitioner education program prior to January 1, 2002, shall not be required to take an examination.

     §   -7  Disciplinary actions.  (a)  The director may revoke, suspend, deny, or refuse to renew a license, place a licensee on probation, or issue a letter of admonition upon proof that the licensee:

     (1)  Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact;

     (2)  Has been convicted of a felony as provided under section 701-107;

     (3)  Has wilfully or negligently acted in a manner inconsistent with the health or safety of persons under the individual's care;

     (4)  Has had a license to practice respiratory care or any other health care occupation suspended or revoked, or has otherwise been subject to discipline relating to the individual's practice of respiratory care, in any other jurisdiction;

     (5)  Has committed a fraudulent insurance act;

     (6)  Excessively or habitually uses alcohol or drugs; provided that the director shall not discipline an individual under this paragraph if the individual is enrolled in a substance abuse program approved by the department; or

     (7)  Has a physical or mental disability that renders the individual incapable of safely administering respiratory care services.

     (b)  If an allegation of conduct described in subsection (a) is made against a licensee, the respiratory care practitioner board shall conduct an investigation pursuant to section 92-17.

     (c)  In addition to suspension, revocation, denial, or refusal to renew a license, the director shall fine a person found to have violated any provision of this chapter or any rule adopted by the director under this chapter not less than $100 nor more than $1,000 for each violation."

     SECTION 3.  Section 26H-6, Hawaii Revised Statutes, is amended to read as follows:

     "§26H‑6  New regulatory measures.  New regulatory measures being considered for enactment that, if enacted, would subject unregulated professions and vocations to licensing or other regulatory controls shall be referred to the auditor for analysis[.]; except where the legislature finds that it is in the best interest for certain health care professions to be licensed for participation in federal programs.  Referral shall be by concurrent resolution that identifies a specific legislative bill to be analyzed.  The analysis required by this section shall set forth the probable effects of the proposed regulatory measure and assess whether its enactment is consistent with the policies set forth in section 26H‑2.  The analysis also shall assess alternative forms of regulation.  The auditor shall submit each report of analysis to the legislature."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.