N.D. Admin. Code Title 105 — Respiratory Care, North Dakota State Board of

Article 105-01 General Administration

Chapter 105-01-01 Organization of the Board

N.D. Admin. Code 105-01-01-01 Organization of the board of respiratory care

1.History and function. The 1985 legislative assembly passed legislation to license respiratory care practitioners, codified as North Dakota Century Code chapter 43-42. The 2005 legislative assembly passed legislation to license registered polysomnographic technologists. The governor appoints a state board of respiratory care. It is the responsibility of that board to license respiratory care practitioners and registered polysomnographic technologists within the state of North Dakota.

2.Board membership. The board consists of seven members appointed by the governor. Four members are respiratory therapists, one member is a physician, one member is a registered polysomnographic technologist, and one member is a representative of the general public.

Each board member serves a term of three years. No member may serve more than two successive terms on the board.

3.Officers. The board elects a chairperson and officers annually.

4.Inquiries. Inquiries regarding board activities may be addressed to:

North Dakota State Board of Respiratory Care P.O. Box 2223 Bismarck, North Dakota 58502-2223 701-222-1564

History

• History: Effective September 1, 1996; amended effective January 1, 2006, Subsection 2 amended effective October 1, 2006.
• General Authority: NDCC 28-32-02.1
• Law Implemented: NDCC 43-42-02

Article 105-02 Respiratory Care Practitioner Licensure

Chapter 105-02-01 Initial Licensure and Renewals

N.D. Admin. Code 105-02-01-01 Initial licensure application

An application for a license to practice respiratory care must be made to the state board of respiratory care on forms approved by the board. The application must contain such information as the board may reasonably require.

1.Each application for a license must be accompanied by:

a.The prescribed fee.

b.An official transcript, certificate, or diploma verifying completion of an academic program in respiratory care recognized by the commission on accreditation for respiratory care or its successor.

c.A photocopy of original national board of respiratory care registry or certification certificate.

2.All applications must be signed by the applicant and notarized.

3.An applicant who has not maintained a license as a registered respiratory therapist or certified respiratory therapist for three years will require entry-level recredentialing.

4.The board may request such additional information or clarification of information provided in the application as it deems necessary.

History

• History: Effective September 1, 1996; amended effective January 1, 2006; July 1, 2018.

N.D. Admin. Code 105-02-01-02 Licensure renewal

Licenses are renewable annually.

1.Applications for renewal of license will be mailed by the board on or before December first to all licenseholders. Fees are payable to the board on or before December thirty-first of the year preceding the renewal year.

2.An application for renewal of license must be signed by the applicant.

3.License fees are considered delinquent and a late charge is assessed if the renewal application is not processed online or postmarked on or before December thirty-first of the year preceding the renewal year.

4.A license is considered as a renewal if renewal is sought within three years from the date of the last issuance. After three years any application is considered a new application.

5.Renewal of license must be mailed by January twenty-fourth of the renewal year if the renewal request is complete and postmarked on or before December thirty-first.

6.All late renewal applications will be audited and proof of continuing education units is required.

History

• History: Effective September 1, 1996; amended effective July 1, 2018.

N.D. Admin. Code 105-02-01-03 Fees

The board has adopted the following fee payment schedule:

1.Initial license fee and license fee for renewal are:

Registered respiratory therapist - $80.00 Certified respiratory therapist - $80.00

2.Late fees in the amount of twenty-five dollars must be charged for all applications received by the board which are postmarked after December thirty-first of the year prior to the year of renewal.

3.Respiratory therapists who initially become licensed after November first of the year are exempt from licensure renewal for a period of one year. There is no proration of fees.

History

• History: Effective September 1, 1996; amended effective January 1, 2006; July 1, 2018.

N.D. Admin. Code 105-02-01-04 Continuing education

To renew a license, a person must present proof of having attended or acquired at least ten clock-hours of continuing education approved by the board. If any licensee allows the licensee's license to lapse for a period of more than one year, the licensee must be required to submit proof of attendance or acquisition of at least ten clock-hours of continuing education for each year that the license has lapsed up to a period of three years.

Continuing education for licensure renewal must be completed in the calendar year prior to the year for which licensure is sought. Under extraordinary circumstances, the board may consider a request for continuing education hours accrued in the same calendar year.

Continuing education courses must relate to or increase the professional competence of the attendee. This determination will be made by the board through approval of requested courses. The board has the authority to accept programs sponsored by a local, state, regional, national, international, scientific, or professional organization appropriate to provide continuing education (i.e., American association of respiratory care (AARC), North Dakota society of respiratory care (NDSRC), American medical association (AMA), American lung association (ALA), American heart association (AHA), American academy of sleep medicine (AASM), American association of sleep technologists (AAST), board of registered polysomnographic technologists (BRPT), American society of electroneurodiagnostic technologists (ASET), etc.).

History

• History: Effective September 1, 1996; amended effective January 1, 2006; July 1, 2018.

N.D. Admin. Code 105-02-01-05 Passing score

The successful passing of a national examination means obtaining a score equal to or greater than the passing score established by the national board for respiratory care or its successor, as recognized by the board, which is in effect at the time of the administration of the test.

History

• History: Effective September 1, 1996; amended effective January 1, 2006.

N.D. Admin. Code 105-02-01-06 Qualified applicant

In licensing a registered respiratory therapist or a certified respiratory therapist, "qualified" means trained and possessing the credential issued by the recognized testing or certification body of the profession.

History

• History: Effective September 1, 1996; amended effective January 1, 2006; July 1, 2018.

Article 105-03 Practice of Respiratory Care

Chapter 105-03-01 Respiratory Care Practice

N.D. Admin. Code 105-03-01-01 Display of license

Every person licensed under North Dakota Century Code chapter 43-42 to practice as a registered respiratory therapist or certified respiratory therapist shall maintain such license or certificate in the office, department, business, or place in which the person practices, where, upon request, it is available to the public.

History

• History: Effective September 1, 1996; amended effective January 1, 2006.
• General Authority: NDCC 43-42-03
• Law Implemented: NDCC 43-42-03

N.D. Admin. Code 105-03-01-02 Home medical equipment and delivery

North Dakota Century Code chapter 43-42 prohibits the setup and instruction of medical devices related to the practice of respiratory care, gases, and equipment by a nonlicensed health care professional. The delivery and maintenance of medical devices related to the practice of respiratory care, gases, and equipment by a nonlicensed health care professional for the expressed purpose of self-care by a patient or gratuitous care by a friend or family member in the home or extended care facility is permitted.

This maintenance or delivery by the nonlicensed person does not include performing patient assessment, having direct patient contact or patient care relating to home respiratory care, or representing oneself as a certified or registered respiratory care practitioner.

History

• History: Effective September 1, 1996.
• General Authority: NDCC 43-42-03
• Law Implemented: NDCC 43-42-03

Chapter 105-03-02 Code of Ethics

N.D. Admin. Code 105-03-02-01 Code of ethics

The board has adopted and incorporated into these rules by reference the American association for respiratory care's statement of ethics and professional conduct as amended in 2015.

History

• History: Effective September 1, 1996; amended effective July 1, 2018.

N.D. Admin. Code 105-03-02-02 Grievance procedure

Grievances must be processed in accordance with the provisions of North Dakota Century Code

chapter 28-32.

History

• History: Effective September 1, 1996.

N.D. Admin. Code 105-03-02-03 Reporting disciplinary action

The board shall report all disciplinary action taken by it to the national board for respiratory care.

History

• History: Effective September 1, 1996.

Article 105-04 Registered Polysomnography Technologist Licensure

Chapter 105-04-01 Initial Licensure and Renewals

N.D. Admin. Code 105-04-01-01 Initial licensure application

An application for a license to practice polysomnography must be made to the state board of respiratory care on forms approved by the board. The application must contain such information as the board may reasonably require.

1.Each application for a license must be accompanied by:

a.The prescribed fee.

b.A photocopy of the certificate from the board of registered polysomnographic technologists, or other nationally accredited body approved by the board.

2.All applications must be signed by the applicant and notarized.

3.An applicant who has not maintained a license as a registered polysomnographic technologist for three years will require entry-level recredentialing.

4.The board may request such additional information or clarification of information provided in the application as it deems necessary.

N.D. Admin. Code 105-04-01-02 Licensure renewal

Licenses are renewable annually.

1.Applications for renewal of license will be mailed by the board on or before December first to all licenseholders. Fees are payable to the board on or before December thirty-first of the year preceding the renewal year.

2.An application for renewal of license must be signed by the applicant.

3.License fees are considered delinquent and a late charge is assessed if the renewal application is not processed online or postmarked on or before December thirty-first of the year preceding the renewal year.

4.A license is considered as a renewal if renewal is sought within three years from the date of the last issuance. After three years any application is considered a new application.

5.Renewal of license must be mailed by January twenty-fourth of the renewal year if the renewal request is complete and postmarked on or before December thirty-first.

6.All late renewal applications will be audited and proof of continuing education units is required.

History

• Law Implemented: NDCC 43-42-03(4)

N.D. Admin. Code 105-04-01-03 Fees

The board has adopted the following fee payment schedule:

1.Initial license fee and license fee for renewal are:

Registered polysomnographic technologist - $80.00 Registered polysomnographic technologist - registered respiratory therapist - $80.00 Registered polysomnographic technologist - certified respiratory therapist - $80.00

2.Late fees in the amount of twenty-five dollars must be charged for all applications received by the board which are postmarked after December thirty-first of the year prior to the year of renewal.

3.Registered polysomnographic technologists who initially become licensed after November first of the year are exempt from licensure renewal for a period of one year. There is no proration of fees.

History

• Law Implemented: NDCC 43-42-03(4)

N.D. Admin. Code 105-04-01-04 Continuing education

1.To renew a license, a person must present proof of having attended or acquired at least ten clock-hours of continuing education approved by the board. If any licensee allows the licensee's license to lapse for a period of more than one year, the licensee must be required to submit proof of attendance or acquisition of at least ten clock-hours of continuing education for each year that the license has lapsed up to a period of three years.

2.Continuing education for licensure renewal must be completed in the calendar year prior to the year for which licensure is sought. Under extraordinary circumstances, the board may consider a request for continuing education hours accrued in the same calendar year.

3.Continuing education courses must relate to or increase the professional competence of the attendee. This determination will be made by the board through approval of requested courses. The board has the authority to accept programs sponsored by a local, state, regional, national, international, scientific, or professional organization appropriate to provide continuing education (i.e., AARC, AMA, ALA, AHA, AASM, AAST, BRPT, ASET, etc.).

N.D. Admin. Code 105-04-01-05 Passing score

The successful passing of a national examination means obtaining a score equal to or greater than the passing score, which is in effect at the time of the administration of the test, established by the board of registered polysomnographic technologists or its successor, as recognized by the board.

History

• History: Effective January 1, 2006.

N.D. Admin. Code 105-04-01-06 Qualified applicant

In licensing a registered polysomnographic technologist, "qualified" means trained and possessing the credential issued by the recognized testing or certification body of the profession.

History

• History: Effective January 1, 2006.

Article 105-05 Practice of Polysomnography

Chapter 105-05-01 Polysomnography Practice

N.D. Admin. Code 105-05-01-01 Display of license

Every person licensed under North Dakota Century Code chapter 43-42 to practice as a registered polysomnographic technologist shall maintain such license or certificate in the office, department, business, or place in which the person practices, where, upon request, it is available to the public.

History

• History: Effective January 1, 2006.

N.D. Admin. Code 105-05-01-02 Scope of practice

1.Polysomnographic technologists may only perform sleep diagnostics and analysis of data working in conjunction with physicians to provide comprehensive clinical evaluations that are required for the diagnosis of sleep disorders. By applying monitoring equipment, the technologist simultaneously monitors EEG (electroencephalography), EOG (electrooculography), EMG (electromyography), ECG (electrocardiography), multiple breathing variables, and blood oxygen levels during sleep. Interpretive knowledge is required to provide sufficient monitoring diligence to recording parameters and the clinical events observed during sleep. Technologists provide supportive services related to the ongoing treatment of sleep-related problems. The professional realm of this support includes guidance on the use of devices for the treatment of breathing problems during sleeping and helping individuals develop sleeping habits that promote good sleep hygiene.

2.Polysomnographic technologists shall:

a.Follow procedural protocols such as multiple sleep latency test (MSLT), maintenance of wakefulness test (MWT), parasomnia studies, PAP, oxygen titration, etc. to ensure collection of appropriate data.

b.Follow lights-out procedures, including physiological and instrument calibrations and instructing the patient on completing questionnaires, to establish and document baseline values such as body position, oxyhemoglobin saturation, respiratory and heart rates, etc.

c.Perform polysomnographic data acquisition while monitoring study-tracing quality to ensure signals are artifact free and make adjustments, if necessary.

d.Document routine observations, including sleep stages and clinical events, changes in procedure and significant events in order to facilitate scoring and interpretation of polysomnographic results.

e.Implement appropriate interventions, including actions necessary for patient safety and therapeutic intervention such as continuous and bilevel positive airway pressure, oxygen administration, etc.

f.Follow lights-on procedures to verify integrity of collected data and complete the data collection process (repeats the physiological and instrument calibrations and instructs the patient on completing questionnaires, etc.).

g.Demonstrate the knowledge and skills necessary to recognize and provide age-specific care in the treatment, assessment, and education of neonatal, pediatric, adolescent, adult, and geriatric patients.

h.Oversee and perform difficult and unusual procedures and therapeutic interventions as related to sleep medicine.

3.A licensed and qualified member of another health care profession is not prohibited from performing any of the duties of a registered polysomnographic technologist that are consistent with accepted standards of that person's profession, providing the person is not represented as a registered polysomnographic technologist.

History

• History: Effective January 1, 2006.

N.D. Admin. Code 105-05-01-03 Clinical work experience

1.A person enrolled in a bona fide polysomnographic training program is not prohibited from performing those duties essential for completion of a student's clinical service; provided, that the duties are performed under the direct supervision or direction of a licensed health care professional trained in sleep medicine or the procedure. The supervisor or director is responsible to the board for the actions of the trainee.

2.A trainee is an individual who has completed a minimum of one year of postsecondary education in a health-related field, or its equivalent as approved by the board, and works under the direct supervision of a licensed health care professional trained in sleep medicine. A student or trainee must be identified as such.

3.Individuals on the credentialing track are exempt from the requirement to have the RPSGT credential for a period not to exceed thirty-six months starting from the first day of training, provided they are practicing with appropriate levels of supervision, in accordance with the published job descriptions sanctioned by the AAST, BRPT, AASM, and ASET, or substantially similar written standards developed by the training program.

History

• History: Effective January 1, 2006; amended effective July 1, 2018.

Chapter 105-05-02 Code of Ethics

N.D. Admin. Code 105-05-02-01 Code of ethics

The board has adopted and incorporated into these rules by reference the national board of registered polysomnographic technologists statement of ethics and professional conduct as amended in 2000.

N.D. Admin. Code 105-05-02-02 Grievance procedure

Grievances must be processed in accordance with the provisions of North Dakota Century Code

chapter 28-32.

N.D. Admin. Code 105-05-02-03 Reporting disciplinary action

The board shall report all disciplinary action taken by it to the national board of registered polysomnographic technologists.