PURPOSE: This rule details the continuing education that will be required for renewal of a license to practice as a respiratory care practitioner.

1. (1) As a condition for renewal of a license, all respiratory care practitioners are required to complete twenty-four (24) hours of approved continuing education in the practice of respiratory care as defined by section 334.800(11), RSMo in the continuing education reporting period preceding renewal of the license. The continuing education reporting period is the twenty-four (24)-month period beginning on August 1 of even numbered years and ending on July 31 of even numbered years. Continuing education hours earned after July 31 shall apply to the next continuing education reporting period. No more than twelve (12) hours credit will be awarded for home study during each continuing education reporting period. The licensee is exempt from continuing education requirements for the first renewal period after initial licensing.
2. (2) For the license renewal due on August 1, 2002, and each subsequent renewal thereafter, the licensee shall certify that s/he has obtained at least twenty-four (24) hours of continuing education during the continuing education reporting period preceding the license renewal on the renewal form provided by the board. The renewal form shall be mailed directly to the board office on or before the expiration date. The renewal form shall not be considered complete until all of the required information has been received by the board. The licensee shall not submit the record of continuing education attendance to the board except in the case of a board audit.

3. (3) A continuing education hour includes but is not limited to:

   1. (A) Fifty (50) minutes of attendance in an approved meeting or program;
   2. (B) Fifty (50) minutes of instruction in an approved in-service training program;
   3. (C) Fifty (50) minutes of study in an approved home study course with a testing mechanism;
   4. (D) Twenty-five (25) minutes of presentation in a program, conference or seminar. No credit shall be granted for any subsequent presentations on the same subject matter during the same renewal period; and
   5. (E) Completion of academic course work in respiratory care with one (1) credit hour equaling twelve (12) continuing education hours.
4. (4) Programs approved by the American Association for Respiratory Care (AARC) and its state affiliates shall be considered automatically approved activities for completion of the continuing education hours.
5. (5) If a group or individual wants to sponsor a continuing education program relating to respiratory care that is not approved by the AARC, a request shall be submitted to the board’s executive director not fewer than ten

6. (10) business days prior to the offering of the continuing education program. Once all information pertaining to the request has been received in the board office, the board shall review the request and then notify the sponsor whether approval will be granted. The board will not consider requests for approval of any program submitted after it has already been presented.

   1. (A) Requests for approval of continuing education shall be submitted on a form provided by the board and shall include:

      1. 1. The type of educational activity;
      2. 2. The subject matter of the activity with

objectives and goals;

1. 3. The number of continuing education

hours offered;

1. 4. The names and qualifications of the

instructors; and

1. 5. The location, date and time of the

activity.

1. (B) Once an application for approval has been granted by the board, reapproval shall not be required for each subsequent presentation of the educational activity so long as the educational activity has not changed. If any portion of the activity has changed, reapplication must be made.
2. (C) Appeal Process. If a course is denied or is accredited for less hours than were requested, the applicant may file an appeal, provided that the application was originally received sixty (60) days prior to the date of the program. The appeal must be in written form and must provide detailed justification to support the applicant’s appeal. The chairperson for the board will review the appeal and all accompanying documentation. If the 20 CSR 2255-4

chairperson concurs with the original decision, the appeal is considered complete and the original decision will be upheld. If there is a difference between the members’ decisions, the course will be reviewed by the full board at the next scheduled meeting.

1. (D) Courses received less than sixty (60) days prior to the program date will not be eligible for appeal.
2. (E) No more than twelve (12) hours will be awarded over a two (2)-year period for Advanced Cardiac Life Support (ACLS), Neonatal Advanced Life Support (NALS)/ Neonatal Resuscitation Program (NRP), or Pediatric Advanced Life Support (PALS). No credit shall be awarded for Basic Cardiac Life Support (BCLS) or Cardiopul-monary Resuscitation (CPR). This exception will override AARC approval.

1. (6) Continuing education hours shall not be awarded for regular work activities, administrative staff meetings, case staffing or reporting, membership in or holding office in, or participation on boards or committees, business meetings of professional organizations, or training specifically related to policies and procedures of an agency. Exceptions to this rule are in-service training programs approved by the board.
2. (7) A licensee shall be responsible for maintaining his/her records of continuing education activities. Each licensee shall maintain for a period of not less than the preceding two
3. (2) continuing education reporting periods prior to renewal, documentation verifying completion of the appropriate number of continuing education hours for each renewal period.

4. (8) Upon request of the board, the licensee shall provide all documentation of completion of continuing educational activities. Documentation of the continuing education may consist of—

   1. (A) Certificates or affidavits provided by the program;
   2. (B) Receipts for fees paid to the sponsor;
   3. (C) American Association for Respiratory Care or its successor organization(s) report of continuing education credits;
   4. (D) Educational transcripts from an accredited respiratory care educational program; or
   5. (E) A letter from the board showing approval of the continuing education hours and documentation of attendance at said program.

5. (9) Any licensee seeking renewal of a license or certificate without having fully complied with these continuing education requirements FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION Division 2255—Missouri Board for Respiratory Care

   2001; 334.910, RSMo 1996, amended 1999; and 334.920,

who wishes to seek a waiver of the require- RSMo 1996, amended 1999. ments shall file with the board a renewal application, a statement setting forth the facts concerning the noncompliance, a request for waiver of the continuing education requirements on the basis of such facts and, if desired, a request for an interview before the board. If the board finds from the statement or any other evidence submitted, that good cause has been shown for waiving the continuing education requirements, or any part thereof, the board shall waive part or all of the requirements for the renewal period for which the licensee has applied. At that time, the licensee will be requested to submit the required renewal fee.

1. (A) Good cause shall be defined as an inability to devote sufficient hours to fulfilling the continuing education requirements during the applicable renewal period based on one of the following reasons:

   1. 1. Full-time service in the armed forces

of the United States during a substantial part of the renewal period; or

1. 2. An incapacitating illness; or
2. 3. Undue hardship.
3. (B) If an interview before the board is requested at the time the request for waiver is filed, the licensee shall be given at least twenty (20) days written notice of the date, time and place of the interview.

1. (10) Violation of any provision of this rule shall be deemed by the board to constitute misconduct, fraud, misrepresentation, dishonesty, unethical conduct or unprofessional conduct in the performance of the functions or duties of a respiratory care practitioner depending on the licensee’s conduct. In addition, a licensee who fails to complete and report in a timely fashion the required twenty-four (24) hours of continuing education and engages in the practice of respiratory care without the expressed written consent of the board shall be deemed to have engaged in the unauthorized practice of respiratory care.

AUTHORITY: sections 334.800, 334.840.2, 334.850, 334.910 and 334.920, RSMo 2000 and 334.880, RSMo Supp. 2001. This rule originally filed as 4 CSR 255-4.010. Original rule filed June 25, 1998, effective Jan. 30, 1999. Amended: Filed Dec. 30, 1999, effective June 30, 2000. Amended: Filed June 2, 2000, effective Dec. 30, 2000. Rescinded and readopted: Filed Jan. 31, 2001, effective Aug. 30, 2001. Amended: Filed June 28, 2002, effective Jan. 30, 2003. Moved to 20 CSR 2255-4.010, effective Aug. 28, 2006.

*Original authority: 334.800, RSMo 1996, amended 1999; 334.840, RSMo 1996; 334.850, RSMo 1996, amended 1999; 334.880, RSMo 1996, amended 1999,