844 IAC 11 — ARTICLE 11. RESPIRATORY CARE PRACTITIONERS

TITLE 844 MEDICAL LICENSING BOARD OF INDIANA

ARTICLE 11. RESPIRATORY CARE PRACTITIONERS

Rule 1

844 IAC 11-1-1 844 IAC 11-1-1 Applicability

Rule 1. Definitions

844 IAC 11-1-1 Applicability

Authority: IC 25-34.5-2-7

Affected: IC 25-34.5

Sec. 1. The definitions in this rule apply throughout this article.

(Medical Licensing Board of Indiana; 844 IAC 11-1-1; filed Oct 26, 1990, 3:05 p.m.: 14 IR 448; readopted filed Sep 28, 2001, 4:00 p.m.: 25 IR 532; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070054RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 12, 2019, 9:11 a.m.: 20191211-IR-844190074RFA; readopted filed Feb 27, 2024, 10:19 a.m.: 20240327-IR-844230772RFA)

844 IAC 11-1-2 844 IAC 11-1-2 "School or program" defined

844 IAC 11-1-2 "School or program" defined

Authority: IC 25-34.5-2-7

Affected: IC 25-34.5-2-8

Sec. 2. "School or program", as mentioned in IC 25-34.5-2-8(b), means a program for the education of respiratory care practitioners. The board hereby adopts the standards and guidelines of the Commission on Accreditation of Allied Health Education Programs for the Profession of Respiratory Care adopted in 1962 and revised in 1972, 1977, 1986, and 2000. The standards and guidelines are hereby incorporated by reference and made applicable to this title and specifically to this section. A current copy of the document may be purchased by contacting the Committee on Accreditation for Respiratory Care, 264 Precision Blvd, Telford, TN 37690 or the Indiana Professional Licensing Agency, Indiana Government Center South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204.

(Medical Licensing Board of Indiana; 844 IAC 11-1-2; filed Oct 26, 1990, 3:05 p.m.: 14 IR 448; readopted filed Nov 30, 2001, 10:25 a.m.: 25 IR 1320; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070054RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 12, 2019, 9:11 a.m.: 20191211-IR-844190074RFA; filed Jun 23, 2023, 9:48 a.m.: 20230719-IR-844220326FRA; readopted filed Feb 27, 2024, 10:19 a.m.: 20240327-IR-844230772RFA)

844 IAC 11-1-3 844 IAC 11-1-3 "Bureau" defined (Expired)

844 IAC 11-1-3 "Bureau" defined (Expired)

(Expired under IC 4-22-2.5, effective January 1, 2020.)

844 IAC 11-1-4 844 IAC 11-1-4 "Direct supervision" defined

844 IAC 11-1-4 "Direct supervision" defined

Authority: IC 25-34.5-2-7

Affected: IC 25-34.5-1-6

Sec. 4. "Direct supervision" means that the supervising physician shall be reasonably available and responsible at all times for the direction and the actions of the practitioner being supervised when services are being performed by the practitioner. The patient's care shall always be the responsibility of the supervising physician.

(Medical Licensing Board of Indiana; 844 IAC 11-1-4; filed Oct 26, 1990, 3:05 p.m.: 14 IR 448; readopted filed Sep 28, 2001, 4:00 p.m.: 25 IR 532; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070054RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 12, 2019, 9:11 a.m.: 20191211-IR-844190074RFA; readopted filed Feb 27, 2024, 10:19 a.m.: 20240327-IR-844230772RFA)

844 IAC 11-1-5 844 IAC 11-1-5 "Physician" defined (Repealed)

844 IAC 11-1-5 "Physician" defined (Repealed)

(Repealed by Medical Licensing Board of Indiana; filed Jun 23, 2023, 9:48 a.m.: 20230719-IR-844220326FRA)

844 IAC 11-1-6 844 IAC 11-1-6 "Professional incompetence" defined

844 IAC 11-1-6 "Professional incompetence" defined

Authority: IC 25-34.5-2-7

Affected: IC 25-22.5-1-1

Sec. 6. "Professional incompetence" means, but is not limited to, a pattern or course of repeated conduct by a practitioner demonstrating a failure to exercise such reasonable care and diligence as is ordinarily exercised by practitioners in the same or similar circumstances in the same or similar locality.

(Medical Licensing Board of Indiana; 844 IAC 11-1-6; filed Nov 14, 1991, 3:30 p.m.: 15 IR 583; readopted filed Sep 28, 2001, 4:00 p.m.: 25 IR 532; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070054RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 12, 2019, 9:11 a.m.: 20191211-IR-844190074RFA; readopted filed Feb 27, 2024, 10:19 a.m.: 20240327-IR-844230772RFA)

Rule 2

844 IAC 11-2-1 844 IAC 11-2-1 Fees (Repealed)

Rule 2. Fees

844 IAC 11-2-1 Fees (Repealed)

(Repealed by Medical Licensing Board of Indiana; filed Jan 7, 2002, 10:08 a.m.: 25 IR 1636)

844 IAC 11-2-1.1 844 IAC 11-2-1.1 Fees

844 IAC 11-2-1.1 Fees

Authority: IC 25-1-8-2; IC 25-34.5-2-7

Affected: IC 25-34.5-2

Sec. 1. The board shall charge and collect the following fees:

(Medical Licensing Board of Indiana; 844 IAC 11-2-1.1; filed Jan 7, 2002, 10:08 a.m.: 25 IR 1635; readopted filed Oct 10, 2008, 8:56 a.m.: 20081105-IR-844080356RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 12, 2019, 9:11 a.m.: 20191211-IR-844190074RFA; readopted filed Feb 27, 2024, 10:19 a.m.: 20240327-IR-844230772RFA)

Rule 3

844 IAC 11-3-1 844 IAC 11-3-1 Application for certification; deadlines (Expired)

Rule 3. Admission to Practice

844 IAC 11-3-1 Application for certification; deadlines (Expired)

Sec. 1.

(Expired under IC 4-22-2.5, effective January 1, 2002.)

844 IAC 11-3-2 844 IAC 11-3-2 Licensure by examination (Repealed)

844 IAC 11-3-2 Licensure by examination (Repealed)

(Repealed by Medical Licensing Board of Indiana; filed Jun 23, 2023, 9:48 a.m.: 20230719-IR-844220326FRA)

844 IAC 11-3-3 844 IAC 11-3-3 Licensure by endorsement (Repealed)

844 IAC 11-3-3 Licensure by endorsement (Repealed)

(Repealed by Medical Licensing Board of Indiana; filed Jun 23, 2023, 9:48 a.m.: 20230719-IR-844220326FRA)

844 IAC 11-3-3.1 844 IAC 11-3-3.1 Licensure by credentials (Repealed)

844 IAC 11-3-3.1 Licensure by credentials (Repealed)

(Repealed by Medical Licensing Board of Indiana; filed Jun 23, 2023, 9:48 a.m.: 20230719-IR-844220326FRA)

844 IAC 11-3-4 844 IAC 11-3-4 Temporary permits by endorsement (Repealed)

844 IAC 11-3-4 Temporary permits by endorsement (Repealed)

(Repealed by Medical Licensing Board of Indiana; filed Jun 23, 2023, 9:48 a.m.: 20230719-IR-844220326FRA)

844 IAC 11-3-4.1 844 IAC 11-3-4.1 Temporary permits by examination

844 IAC 11-3-4.1 Temporary permits by examination

Authority: IC 25-34.5-2-6; IC 25-34.5-2-7

Affected: IC 25-34.5-2-10.1

Sec. 4.1. (a) An applicant for a temporary permit by examination under IC 25-34.5-2-10.1(a)(3) will be required to take the examination for licensure within six (6) months after graduation.

(b) The temporary permit by examination will expire six (6) months after graduation.

(c) If the applicant fails to take the examination within the six (6) month period and presents an explanation to the committee in writing, which shows good cause for not taking the examination, the committee may allow the applicant to renew their temporary permit.

(d) The committee shall not issue or renew a temporary permit to an applicant who has failed the examination.

(Medical Licensing Board of Indiana; 844 IAC 11-3-4.1; filed Jan 7, 2002, 10:07 a.m.: 25 IR 1635; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070054RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 12, 2019, 9:11 a.m.: 20191211-IR-844190074RFA; readopted filed Feb 27, 2024, 10:19 a.m.: 20240327-IR-844230772RFA)

Rule 4

844 IAC 11-4-1 844 IAC 11-4-1 Applicability

Rule 4. Standards of Competent Practice Under the Direct Supervision of a Physician

844 IAC 11-4-1 Applicability

Authority: IC 25-34.5-2-7

Affected: IC 25-34.5-2

Sec. 1. A respiratory care practitioner in the conduct of his or her practice of respiratory care shall abide by, and comply with, the standards of competent practice under the direct supervision of a physician.

(Medical Licensing Board of Indiana; 844 IAC 11-4-1; filed Nov 14, 1991, 3:30 p.m.: 15 IR 584; readopted filed Sep 28, 2001, 4:00 p.m.: 25 IR 532; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070054RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 12, 2019, 9:11 a.m.: 20191211-IR-844190074RFA; readopted filed Feb 27, 2024, 10:19 a.m.: 20240327-IR-844230772RFA)

844 IAC 11-4-2 844 IAC 11-4-2 Confidentiality

844 IAC 11-4-2 Confidentiality

Authority: IC 25-34.5-2-7

Affected: IC 25-34.5-2

Sec. 2. A respiratory care practitioner shall maintain the confidentiality of all knowledge and information regarding a patient and all records relating to the patient. Information and records about a patient shall be disclosed by a practitioner when required by law.

(Medical Licensing Board of Indiana; 844 IAC 11-4-2; filed Nov 14, 1991, 3:30 p.m.: 15 IR 584; readopted filed Sep 28, 2001, 4:00 p.m.: 25 IR 532; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070054RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 12, 2019, 9:11 a.m.: 20191211-IR-844190074RFA; readopted filed Feb 27, 2024, 10:19 a.m.: 20240327-IR-844230772RFA)

844 IAC 11-4-3 844 IAC 11-4-3 Information to patient

844 IAC 11-4-3 Information to patient

Authority: IC 25-34.5-2-7

Affected: IC 25-34.5-2

Sec. 3. A respiratory care practitioner under the direct supervision of a physician shall give a truthful, candid, and reasonably complete account of the patient's specific treatment of the respiratory care condition to the patient or to those responsible for the patient's care.

(Medical Licensing Board of Indiana; 844 IAC 11-4-3; filed Nov 14, 1991, 3:30 p.m.: 15 IR 584; readopted filed Sep 28, 2001, 4:00 p.m.: 25 IR 532; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070054RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 12, 2019, 9:11 a.m.: 20191211-IR-844190074RFA; readopted filed Feb 27, 2024, 10:19 a.m.: 20240327-IR-844230772RFA)

844 IAC 11-4-4 844 IAC 11-4-4 Reasonable care

844 IAC 11-4-4 Reasonable care

Authority: IC 25-34.5-2-7

Affected: IC 25-34.5-2

Sec. 4. A respiratory care practitioner shall exercise reasonable care and diligence in the treatment of patients based upon generally accepted scientific principles, methods, treatments, and current professional theory and practice.

(Medical Licensing Board of Indiana; 844 IAC 11-4-4; filed Nov 14, 1991, 3:30 p.m.: 15 IR 584; readopted filed Sep 28, 2001, 4:00 p.m.: 25 IR 532; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070054RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 12, 2019, 9:11 a.m.: 20191211-IR-844190074RFA; readopted filed Feb 27, 2024, 10:19 a.m.: 20240327-IR-844230772RFA)

844 IAC 11-4-5 844 IAC 11-4-5 Incompetent practice

844 IAC 11-4-5 Incompetent practice

Authority: IC 25-34.5-2-7

Affected: IC 25-34.5-2

Sec. 5. The following establishes incompetent practice of a respiratory care practitioner:

(1) Willful or repeated violation of a rule of the medical licensing board of Indiana or a lawful order of the committee previously entered in a disciplinary hearing.

(2) Accepting or performing professional responsibilities which the license holder knows, or has reason to know, he or she is not competent to perform.

(3) Professional incompetence in the practice of respiratory care.

(4) Failure to deliver respiratory care services with a level of care, skill, and treatment which is recognized by a reasonably prudent respiratory care practitioner with similar professional training as being acceptable under similar conditions and circumstances.

(5) Exercising influence on a patient in such a manner as to exploit the patient for financial gain of the certificate holder or a third party, which shall include, but not be limited to, the promoting or selling of services, goods, or appliances.

(6) Payment or receipt of any commission, bonus, kickback, rebate, or fee splitting arrangement in any form whatsoever with any person or organization. This subdivision shall not be construed to prevent the certificate holder from receiving a fee for professional consultation services.

(7) Exercising influence within a respiratory care relationship for purposes of engaging a patient in sexual activity.

(8) Inaccurately recording, falsifying, or altering patient records, including, but not limited to, patient charts or medication administration records.

(9) Falsely misrepresenting facts on an application for employment as a respiratory care practitioner.

(10) Leaving a respiratory therapy assignment before properly advising appropriate personnel.

(11) In the rendering of respiratory therapy services, discriminating on the basis of race, color, national origin, religion, sex, age, disability, ancestry, or status as a veteran.

(12) Impersonating or acting as a proxy for an applicant in any examination required for licensure or any subsequent credentials earned.

(13) Impersonating another licensed practitioner or permitting another person to use his or her license for the purpose of practicing respiratory therapy for compensation.

(14) Providing false or incorrect information to an employer regarding the status of his or her license.

(15) Abandoning a patient.

(Medical Licensing Board of Indiana; 844 IAC 11-4-5; filed Nov 14, 1991, 3:30 p.m.: 15 IR 584; readopted filed Nov 30, 2001, 10:25 a.m.: 25 IR 1322; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070054RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 12, 2019, 9:11 a.m.: 20191211-IR-844190074RFA; filed Jun 23, 2023, 9:48 a.m.: 20230719-IR-844220326FRA; readopted filed Feb 27, 2024, 10:19 a.m.: 20240327-IR-844230772RFA)

844 IAC 11-4-6 844 IAC 11-4-6 Reporting unprofessional conduct

844 IAC 11-4-6 Reporting unprofessional conduct

Authority: IC 25-34.5-2-7

Affected: IC 25-34.5-2

Sec. 6. (a) A practitioner who has personal knowledge based upon a reasonable belief that another practitioner holding the same licensure has engaged in illegal, unlawful, incompetent, or fraudulent conduct in the practice of respiratory care shall promptly report such conduct to the respiratory care committee.

(b) A practitioner who voluntarily submits himself or herself to, or is otherwise undergoing a course of treatment for addiction, severe dependency upon alcohol or other drugs or controlled substances, or for psychiatric impairment, where such treatment is sponsored or supervised by an impaired respiratory care practitioner committee of a state, regional, or local organization of professional health care providers, or where such treatment is sponsored by an employer, shall be exempt from reporting to the respiratory care committee as long as:

(1) the practitioner is complying with the course of treatment; and

(2) the practitioner is making satisfactory progress.

(c) If the practitioner fails to comply with, or is not benefited by, the course of treatment, the practitioner and employer shall promptly report such facts and circumstances to the respiratory care committee. This subsection shall not, in any manner whatsoever, directly or indirectly, be deemed or construed to prohibit, restrict, limit, or otherwise preclude the respiratory care committee from taking such action as it deems appropriate or as may otherwise be provided by law.

(Medical Licensing Board of Indiana; 844 IAC 11-4-6; filed Nov 14, 1991, 3:30 p.m.: 15 IR 584; readopted filed Nov 30, 2001, 10:25 a.m.: 25 IR 1322; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070054RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 12, 2019, 9:11 a.m.: 20191211-IR-844190074RFA; filed Jun 23, 2023, 9:48 a.m.: 20230719-IR-844220326FRA; readopted filed Feb 27, 2024, 10:19 a.m.: 20240327-IR-844230772RFA)

844 IAC 11-4-7 844 IAC 11-4-7 Referral fees

844 IAC 11-4-7 Referral fees

Authority: IC 25-34.5-2-7

Affected: IC 25-34.5-2

Sec. 7. A practitioner shall not pay, demand, or receive compensation for referral of a patient except for a patient referral program operated by a professional society or association.

(Medical Licensing Board of Indiana; 844 IAC 11-4-7; filed Nov 14, 1991, 3:30 p.m.: 15 IR 585; readopted filed Sep 28, 2001, 4:00 p.m.: 25 IR 532; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070054RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 12, 2019, 9:11 a.m.: 20191211-IR-844190074RFA; readopted filed Feb 27, 2024, 10:19 a.m.: 20240327-IR-844230772RFA)

844 IAC 11-4-8 844 IAC 11-4-8 Liability to patients

844 IAC 11-4-8 Liability to patients

Authority: IC 25-34.5-2-7

Affected: IC 25-34.5-2

Sec. 8. A practitioner shall not attempt to exonerate himself or herself from or limit his or her liability to a patient for his or her personal malpractice except that a practitioner may enter into agreements that contain informed, voluntary releases and/or waivers of liability in settlement of a claim made by a patient or by those responsible for a patient's care.

(Medical Licensing Board of Indiana; 844 IAC 11-4-8; filed Nov 14, 1991, 3:30 p.m.: 15 IR 585; readopted filed Nov 30, 2001, 10:25 a.m.: 25 IR 1323; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070054RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 12, 2019, 9:11 a.m.: 20191211-IR-844190074RFA; readopted filed Feb 27, 2024, 10:19 a.m.: 20240327-IR-844230772RFA)

844 IAC 11-4-9 844 IAC 11-4-9 Patient complaints

844 IAC 11-4-9 Patient complaints

Authority: IC 25-34.5-2-7

Affected: IC 25-1-9; IC 25-34.5-2

Sec. 9. A practitioner shall not attempt to preclude, prohibit, or otherwise prevent the filing of a complaint against him or her by a patient or other practitioner for any alleged violation of this article, any alleged violation of IC 25-1-9, or any other law.

(Medical Licensing Board of Indiana; 844 IAC 11-4-9; filed Nov 14, 1991, 3:30 p.m.: 15 IR 585; readopted filed Sep 28, 2001, 4:00 p.m.: 25 IR 532; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070054RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 12, 2019, 9:11 a.m.: 20191211-IR-844190074RFA; filed Jun 23, 2023, 9:48 a.m.: 20230719-IR-844220326FRA; readopted filed Feb 27, 2024, 10:19 a.m.: 20240327-IR-844230772RFA)

844 IAC 11-4-10 844 IAC 11-4-10 Fines and civil penalties

844 IAC 11-4-10 Fines and civil penalties

Authority: IC 25-1-9-9; IC 25-34.5-2-7; IC 25-34.5-3

Affected: IC 25-34.5

Sec. 10. (a) Unless otherwise established in this title, fines and civil penalties levied by the board are set at fifty percent (50%) of the statutory maximum. If no statutory maximum is set, the fine or civil penalty is set at one thousand dollars ($1,000).

(b) A fine or civil penalty levied under subsection (a) may be reduced or increased after consideration of the mitigating factors identified in subsection (c) and aggravating factors identified in subsection (d). No fine or civil penalty may be set at less than one hundred dollars ($100).

(c) Mitigating factors include the following:

(1) Inability to pay.

(2) Acknowledging responsibility for underlying conduct.

(3) Acts prior to the underlying conduct to prevent or reduce damage to the public.

(4) Likelihood that the underlying conduct will not recur.

(5) The underlying conduct resulted from provocation, stress, emotional problems, or other circumstances that might offer an explanation.

(6) Timely and voluntary disclosure of the conduct underlying the fine or penalty.

(7) Subsequent remedial acts deemed appropriate by the board.

(d) Aggravating factors include the following:

(1) The underlying conduct resulted in moderate damage to the public.

(2) The underlying conduct resulted in severe damage to the public.

(3) The underlying conduct involved dishonesty or deception.

(4) The underlying conduct occurred as part of an overall pattern of improper conduct.

(5) The underlying conduct was motivated by bias against a protected class.

(6) Previous board discipline.

(7) The underlying conduct involved a vulnerable member of the public, including an individual:

(A) less than twelve (12) years of age;

(B) more than sixty-five (65) years of age;

(C) with a disability; or

(D) under the licensee's care, custody, or control.

(8) Failure to cooperate in a consumer complaint investigation or board proceeding.

(9) Dishonesty during board proceedings.

(Medical Licensing Board of Indiana, 844 IAC 11-4-10; filed Apr 24, 2025, 1:30 p.m.: 20250521-IR-844240599FRA)

Rule 5

844 IAC 11-5-1 844 IAC 11-5-1 Address; change of name

Rule 5. Certification Renewal

844 IAC 11-5-1 Address; change of name

Authority: IC 25-34.5-2-7

Affected: IC 25-34.5-2

Sec. 1. (a) Each respiratory care practitioner shall inform the committee, in writing, of all changes of address or name within fifteen (15) days of the change.

(b) A respiratory care practitioner's failure to receive notification of renewal due to failure to notify the committee of a change of address or name shall not constitute an error on the part of the committee, board, or agency, nor shall it exonerate or otherwise excuse the respiratory care practitioner from renewing such license.

(Medical Licensing Board of Indiana; 844 IAC 11-5-1; filed Sep 29, 1992, 2:00 p.m.: 16 IR 723; readopted filed Nov 30, 2001, 10:25 a.m.: 25 IR 1323; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070054RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 12, 2019, 9:11 a.m.: 20191211-IR-844190074RFA; filed Jun 23, 2023, 9:48 a.m.: 20230719-IR-844220326FRA; readopted filed Feb 27, 2024, 10:19 a.m.: 20240327-IR-844230772RFA)

844 IAC 11-5-2 844 IAC 11-5-2 Reinstatement of delinquent certificate (Expired)

844 IAC 11-5-2 Reinstatement of delinquent certificate (Expired)

(Expired under IC 4-22-2.5, effective January 1, 2002.)

844 IAC 11-5-3 844 IAC 11-5-3 Continuing education hours required

844 IAC 11-5-3 Continuing education hours required

Authority: IC 25-34.5-2-10

Affected: IC 25-34.5-2-10

Sec. 3. (a) Each respiratory care practitioner licensed in Indiana is required to complete an annual average of seven and one-half (7.5) hours of continuing education during each biennium (January 1 of odd-numbered year to December 31 of succeeding even-numbered year) in the area of respiratory care. Each practitioner shall complete a total of fifteen (15) hours each biennium.

(b) A respiratory care practitioner is not required to complete continuing education requirements for the year in which the initial license was issued.

(c) Continuing education hours must be obtained within the biennial renewal period and may not be carried over from one (1) licensure period to another.

(d) No more than seven and one-half (7.5) hours of continuing education can be obtained through correspondence courses or distance learning during the biennium.

(e) The committee shall accept continuing education courses in the following areas toward fulfillment of the requirements under IC 25-34.5-2-10(a):

(1) Management of the practice of respiratory care.

(2) Courses concerning the practice of respiratory care that do the following:

(A) Enable individuals to teach continuing education courses for respiratory care practitioners.

(B) Enable respiratory care practitioners to teach topics related to patient/family education.

(3) The practice of respiratory care.

(f) The practitioner responsible for presenting the approved continuing education program shall be entitled to earn an equivalent number of education credits for which the course is approved. However, the instructor may not:

(1) be credited for more than 5 hours of continuing education for instructing in any 2 year renewal period; or

(2) receive credit for repeated courses.

(Medical Licensing Board of Indiana; 844 IAC 11-5-3; filed Sep 29, 1992, 2:00 p.m.: 16 IR 723; filed Aug 4, 1994, 5:00 p.m.: 17 IR 2869; readopted filed Nov 30, 2001, 10:25 a.m.: 25 IR 1323; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070054RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 12, 2019, 9:11 a.m.: 20191211-IR-844190074RFA; filed Jun 23, 2023, 9:48 a.m.: 20230719-IR-844220326FRA; readopted filed Feb 27, 2024, 10:19 a.m.: 20240327-IR-844230772RFA)

844 IAC 11-5-4 844 IAC 11-5-4 Reporting continuing education

844 IAC 11-5-4 Reporting continuing education

Authority: IC 25-34.5-2-10

Affected: IC 25-34.5-2-10

Sec. 4. (a) A licensee must sign the renewal form provided by the Indiana professional licensing agency that verifies that all continuing education requirements according to section 3 of this rule will have been met by December 31 or the end of the biennium.

(b) The respiratory care practitioner shall maintain his or her continuing education records of a given biennium for a period of four (4) years following the end of the biennium.

(c) It is the responsibility of the respiratory care practitioner to verify that courses attended have been approved by the committee. Without approval, as provided under section 5 of this rule, credit will not be given.

(d) The committee shall, at the end of each biennium, conduct a random audit of continuing education requirements.

(Medical Licensing Board of Indiana; 844 IAC 11-5-4; filed Sep 29, 1992, 2:00 p.m.: 16 IR 723; readopted filed Nov 30, 2001, 10:25 a.m.: 25 IR 1323; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070054RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 12, 2019, 9:11 a.m.: 20191211-IR-844190074RFA; filed Jun 23, 2023, 9:48 a.m.: 20230719-IR-844220326FRA; readopted filed Feb 27, 2024, 10:19 a.m.: 20240327-IR-844230772RFA)

844 IAC 11-5-5 844 IAC 11-5-5 Approval of continuing education programs

844 IAC 11-5-5 Approval of continuing education programs

Authority: IC 25-34.5-2-10

Affected: IC 25-34.5-2-10

Sec. 5. (a) The following criteria shall be used for approval of continuing education programs for respiratory care practitioners:

(1) The continuing education program shall have a statement of objectives which the program should achieve for its participants relating to and enhancing the study of respiratory care.

(2) The sponsor of continuing education programs shall provide adequate administration, including a responsible person to coordinate and administer the program, and shall provide for the maintenance of proper records.

(3) The curriculum of a continuing education program shall be thoughtfully planned and designed to explore in considerable depth one (1) subject or a closely related group of subjects related to the practice of respiratory care.

(4) The continuing education program shall have qualified presenters who have demonstrated competence in the subject areas.

(5) The continuing education program shall be held in adequate facilities that allow for an effective program.

(6) Continuing education programs shall employ a variety of educational methods and teaching aids that enhance the learning opportunities.

(7) Appropriate methods of evaluation shall be devised and used to measure the continuing education program's effectiveness.

(8) The sponsor of the continuing education program shall provide to the participants a meaningful record of attendance stating the continuing education hours involved.

(b) Programs for continuing education may be approved by the committee provided the sponsoring organization has submitted the proper form at least thirty (30) days prior to presentation of the program.

(c) The sponsor of the program is responsible for monitoring attendance in such a manner that verification of attendance throughout the entire program can be reliably assured.

(d) Notwithstanding subsections (a) and (b), continuing education programs for respiratory care practitioners sponsored by the following organizations are approved as follows:

(1) American Association of Respiratory Care or one (1) of its chartered affiliates.

(2) American Medical Association – Accreditation Counsel for Continuing Medical Education (ACCME).

(3) Indiana State Medical Association.

(4) American Hospital Association.

(5) Indiana Hospital Association.

(6) American Nurses Association or one (1) of its chartered affiliates.

(7) Indiana State Nurses Association.

(8) American College of Chest Physicians.

(9) American Academy of Pediatrics.

(10) American Heart Association seminar programs, excluding any competency-based programs, such as Pediatric Advanced Life Support (PALS), Advanced Cardiac Life Support (ACLS), Basic Life Support (BLS), or Neonatal Resuscitation Program (NRP).

(11) Society of Critical Care Medicine.

(12) American Academy of Sleep Medicine.

(13) American Association of Critical Care Nurses.

(14) American Society of Anesthesiologists.

(15) American Polysomnographers Technologist.

(16) American Osteopathic Association.

(17) National Society for Cardiopulmonary Technologists.

(18) American Thoracic Society.

(19) American Lung Association.

(Medical Licensing Board of Indiana; 844 IAC 11-5-5; filed Sep 29, 1992, 2:00 p.m.: 16 IR 723; filed Aug 4, 1994, 5:00 p.m.: 17 IR 2870; readopted filed Nov 30, 2001, 10:25 a.m.: 25 IR 1324; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070054RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 12, 2019, 9:11 a.m.: 20191211-IR-844190074RFA; filed Jun 23, 2023, 9:48 a.m.: 20230719-IR-844220326FRA; readopted filed Feb 27, 2024, 10:19 a.m.: 20240327-IR-844230772RFA)