Bill Text: MI HB5794 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Health occupations: respiratory therapists; licensure for respiratory therapists; modify. Amends secs. 16204, 16344, 18701, 18703, 18707 & 18709 of 1978 PA 368 (MCL 333.16204 et seq.) & adds secs. 18710 & 18712.
Spectrum: Moderate Partisan Bill (Democrat 13-3)
Status: (Introduced) 2024-06-11 - Bill Electronically Reproduced 06/06/2024 [HB5794 Detail]
Download: Michigan-2023-HB5794-Introduced.html
HOUSE BILL NO. 5794
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16204, 16344, 18701, 18703, 18707, and 18709 (MCL 333.16204, 333.16344, 333.18701, 333.18703, 333.18707, and 333.18709), section 16204 as amended by 2005 PA 273 and sections 16344, 18701, 18703, 18707, and 18709 as added by 2004 PA 3, and by adding sections 18710 and 18712.
the people of the state of michigan enact:
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Sec. 16204. (1) Effective for the renewal of licenses or
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registrations issued under this article and expiring after January 1, 1997 if the completion of continuing education is a condition for renewal, the appropriate board shall by rule require an applicant for renewal to complete an appropriate number of hours or courses in pain and symptom management. Rules promulgated by a board under section 16205(2) for continuing education in pain and symptom management shall must cover both course length and content and shall must take into consideration the recommendation for that health care profession by the interdisciplinary advisory committee created in section 16204a. A board shall submit the notice of public hearing for the rules as required under section 42 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.242, not later than 90 days after the first interdisciplinary advisory committee makes its initial recommendations and shall promulgate the rules as expeditiously as possible.
(2) If a board proposes rules under section 16205(2) to institute a requirement that continuing education be a mandatory condition for the renewal of a license or registration issued under this article, the rules shall must require, as part of the continuing education requirements, completion of an appropriate number of hours or courses in pain and symptom management, taking into consideration the recommendation for that health care profession by the interdisciplinary advisory committee created in section 16204a.
(3) This section does not apply to individuals licensed or registered under part 184, 187, or 188.
Sec. 16344. Fees for an individual licensed or seeking licensure as a respiratory therapist under part 187 are as follows:
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|
(a) Application processing fee...................... |
$ |
20.0075.00 |
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(b) License fee, per year........................... |
75.0082.70 |
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(c) Temporary license............................... |
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75.00 |
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(d) Limited license................................. |
|
27.50 |
Sec. 18701. (1) As used in this part:
(a) "Health facility" means a health facility or agency licensed under article 17.
(b) "Medical director" means a physician who is responsible for the quality, safety, appropriateness, and effectiveness of the respiratory care services provided by a respiratory therapist, who assists in quality monitoring, protocol development, and competency validation, and who meets all of the following:
(i) Is the medical director of an inpatient or outpatient respiratory care service or department within a health facility, or of a home care agency, durable medical equipment company, or educational program.
(ii) Has special interest and knowledge in the diagnosis and treatment of cardiopulmonary disorders and diseases.
(iii) Is qualified by training or experience, or both, in the management of acute and chronic cardiopulmonary disorders and diseases.
(c) "Physician" means that term as defined in sections 17001 and 17501.
(d) "Practice of respiratory care" means the provision of respiratory care services. Practice of respiratory care may be provided by an inpatient or outpatient service or department within a health facility, by a home care agency or durable medical
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equipment company, or by an educational program.
(e) "Qualified licensed practitioner" means a licensee who is responsible for the care of the patient, who is acting within the licensee's scope of practice, and who is authorized to prescribe respiratory care services in accordance with hospital policies and procedures and the laws of this state.
(f) (e) "Respiratory care services" means preventative services, diagnostic services, therapeutic services, and rehabilitative services under the written, verbal, or telecommunicated order of a physician or other qualified licensed practitioner to an individual with a disorder, disease, or abnormality of the cardiopulmonary system as diagnosed by a physician. Respiratory care services involve, but are not limited to, observing, and providing or offering to provide a service involving the evaluation of cardiopulmonary function, the treatment of cardiopulmonary impairment, the assessment of treatment effectiveness, and the care of patients with deficiencies and abnormalities associated with the cardiopulmonary system. Respiratory care services include, but are not limited to, the following:
(i) Observing, assessing, and monitoring signs and symptoms, reactions, general behavior, and general physical clinical response of individuals to respiratory care, services, including determination of whether those signs, symptoms, reactions, behaviors, or general physical clinical response exhibit abnormal characteristics. ; the
(ii) The administration, monitoring, documentation, and instruction of pharmacological, diagnostic, and therapeutic agents related to respiratory care. services; the collection of blood
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specimens and other bodily fluids and tissues for, and the performance of, cardiopulmonary diagnostic testing procedures including, but not limited to, blood gas analysis;
(iii) Obtaining, analyzing, testing, measuring, and monitoring blood and gas samples in the determination of cardiopulmonary parameters and related physiologic data, including, but not limited to, flows, pressures, and volumes, and the use of equipment employed for the purposes described in this subparagraph.
(iv) The development, implementation, and modification of respiratory care treatment plans based on assessed abnormalities of the cardiopulmonary system, respiratory care protocols, clinical pathways, referrals, and written, verbal, or telecommunicated orders of a physician or other qualified licensed practitioner. ; application,
(v) The application, operation, and management of mechanical ventilatory support and other means of life support. ; and the
(vi) Performing cardiopulmonary resuscitation, inserting and maintaining artificial airways and arterial and venous lines, and hemodynamic monitoring.
(vii) The initiation of emergency procedures under the rules promulgated by the board.under this part.
(viii) Performing therapeutic bronchoscopy, diagnostic bronchoscopy, hyperbaric oxygen therapy, electrophysiological monitoring, and extracorporeal membrane oxygenation.
(g) (f) "Respiratory therapist" and "respiratory care practitioner" mean an individual engaged who is licensed under this article to engage in the practice of respiratory care. and who is responsible for providing respiratory care services and who is licensed under this article as a respiratory therapist or
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respiratory care practitioner.
(2) In addition to the definitions in this part, article 1 contains general definitions and principles of construction applicable to all articles in this code and part 161 contains definitions applicable to this part.
Sec. 18703. Beginning the effective date of the amendatory act that added this part, an An individual shall not use the titles "respiratory therapist", "respiratory care practitioner", "licensed respiratory therapist", "licensed respiratory care practitioner", "r.t.", "r.c.p.", "l.r.t.", "l.r.c.p.", or similar words that indicate the individual is a respiratory therapist unless the individual is licensed under this article as a respiratory therapist or respiratory care practitioner.
Sec. 18707. (1) An individual shall not engage in the practice of respiratory care or provide or offer to provide respiratory care services unless the individual is licensed under this part.
(2) Subsection (1) does not prevent any of the following:
(a) An individual licensed under any other part or act from performing activities that are considered the practice of respiratory care services if those activities are within the individual's scope of practice and if the individual does not use the titles protected under section 18703.
(b) An individual not licensed under this part from performing activities that are considered the practice of respiratory care services while under the supervision of an individual who is licensed under this part as a respiratory therapist or respiratory care practitioner, if the individual does not use the titles protected under section 18703.
(c) An individual not licensed under this part from performing
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activities that are considered diagnostic services if the individual possesses a level of training approved by the board, has successfully passed a credentialing examination approved by the department, in consultation with the board, and if the individual does not use the titles protected under section 18703.
(d) The practice of respiratory care which is an integral part of a program of study by students a student enrolled in an accredited respiratory therapist educational program approved by the board, provided that they are if the student is identified as a student and provide provides respiratory care services only while under the supervision of a licensed respiratory therapist or respiratory care practitioner.
(e) Self-care by a patient or uncompensated care by a friend or family member who does not represent or hold himself or herself themself out to be a licensed respiratory therapist or respiratory care practitioner.
Sec. 18709. (1) The department, in consultation with the board, shall promulgate rules under section 16145 as necessary or appropriate to fulfill its functions under this article. In promulgating rules to establish requirements for licensure, under section 16145, the department, in consultation with the board, shall adopt all of the following requirements:
(a) Successful completion of an accredited respiratory therapist training educational program approved by the department in consultation with the board.
(b) Having at least a 2-year associate's associate degree from an accredited college or university approved by the department in consultation with the board.
(c) Having the credential conferred by the national board
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National Board for respiratory care Respiratory Care or its successor organization as a respiratory therapist or its successor credential, as approved by the department in consultation with the board.
(2) The department shall issue An individual must be granted a license as a respiratory therapist to an individual who had either of the credentials if the individual meets any of the following conditions:
(a) Until 1 year after the effective date of the amendatory act that added subdivision (b), the individual holds a current and active credential as a registered respiratory therapist or certified respiratory therapist , or their predecessor credentials, conferred by from the national board National Board for respiratory care, Respiratory Care or its successor, or its predecessor organization, on or before the effective date of this part, and who applies for licensure as a respiratory therapist within 1 year after the effective date of this part.an equivalent credential as determined by the department in consultation with the board.
(b) Beginning on or after 1 year after the effective date of the amendatory act that added this subdivision, the individual holds a current and active credential as a registered respiratory therapist from the National Board for Respiratory Care or its successor, or an equivalent credential as determined by the department in consultation with the board.
(3) The department shall issue a license as a respiratory therapist to an individual who is a holder of a temporary license as a respiratory therapist if a holder of a temporary license meets all of the following requirements:
(a) Applies for licensure as a respiratory therapist prior to
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the expiration of his or her temporary license as prescribed in section 18711(2).
(b) Provides proof to the department that he or she has successfully completed the national credentialing exam by the national board for respiratory care or its successor organization, as approved by the department.
(4) The department may utilize the standards contained in the clinical practice guidelines issued by the American association of respiratory care that are in effect on the effective date of this part as interim standards, which are adopted by reference, until rules are promulgated under subsection (1).
Sec. 18710. (1) An individual who, in addition to meeting the requirements of part 161, meets both of the following requirements must be granted a limited license:
(a) Is enrolled and in good standing in a respiratory therapist educational program that meets the requirements described in section 18709(1) or is a graduate of a respiratory therapist educational program that meets the requirements described in section 18709(1).
(b) Provides a verification of education form that is completed by the respiratory therapist educational program described in subdivision (a) to the department.
(2) An individual who is granted a limited license under this section may perform duties only while under the supervision of a respiratory therapist, in consultation with the health facility.
(3) A limited license granted under this section expires at the earliest of the following times:
(a) One year after the date the limited license is granted.
(b) The date the individual becomes licensed under section
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18709(2)(b).
(4) A limited license granted under this section may be renewed once.
(5) This section does not require a student meeting the requirements described in section 18707(2)(d) to obtain a limited license under this section.
Sec. 18712. (1) In addition to the requirements of part 161, a licensee seeking renewal of the licensee's license shall furnish the department with satisfactory evidence that, during the licensing period immediately preceding the licensee's application for renewal, the licensee has met 1 of the following conditions:
(a) Subject to subsection (2), if the licensee is licensed under section 18709, the licensee completed at least 15 clock hours of continuing education courses that are designed to further educate licensees, as approved by the board.
(b) The licensee has successfully passed 1 of the following:
(i) A written professional examination administered by the National Board for Respiratory Care, including, but not limited to, the registry examination for advanced respiratory therapists, the recredentialing examination for certified respiratory therapists, the pulmonary function technology examination, the neonatal or pediatric specialty examination, the sleep disorder specialty examination, or an equivalent written professional examination as determined by the board.
(ii) The registered polysomnographic technologist examination administered by the Board of Registered Polysomnographic Technologists, the certified asthma education examination administered by the National Asthma Educator Certification Board, or an equivalent examination as determined by the board.
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(2) None of the following meet the continuing education requirement described in subsection (1):
(a) A course on basic life support or cardiopulmonary resuscitation.
(b) An educational activity if the educational activity has the identical objective and content as another educational activity used for continuing education during the same licensing period immediately preceding the licensee's application for renewal.
(c) An employer-specific orientation or in-service program that does not significantly enhance the practice of respiratory care.
(d) Self-directed independent study, including, but not limited to, reading a text or journal article that has not been approved by the board.
(e) Participation in clinical practice or research if it is not part of a continuing education activity approved by the board.
(f) A personal development activity that is not taken for the purposes of meeting a continuing education requirement.
(g) A professional meeting or convention unless the meeting or convention or a portion of the meeting or convention is a continuing education activity approved by the board.
(h) Community service and volunteer practice.
(i) Membership in a professional organization.
(j) A contact hour if the licensee is required to complete the contact hour by rule and the contact hour would result in the licensee exceeding the clock hours prescribed in this section.
(3) A licensee shall maintain evidence of the licensee's compliance with the requirements of this section for a period of 4 years after the date of the licensee's application for renewal,
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during which time the licensee may be required to submit the evidence for auditing purposes.
(4) As used in this section:
(a) "Clock hour" means a period of 50 to 60 minutes.
(b) "Contact hour" means a period of 50 to 60 minutes of planned classroom, clinical, or provider-directed independent study.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
