Bill Text: NJ S2401 | 2014-2015 | Regular Session | Introduced
Bill Title: Amends and repeals sections of "Respiratory Care Practitioner Licensing Act."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-09-18 - Introduced in the Senate, Referred to Senate Commerce Committee [S2401 Detail]
Download: New_Jersey-2014-S2401-Introduced.html
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Amends and repeals sections of "Respiratory Care Practitioner Licensing Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning respiratory care practitioners, amending P.L.1991, c.31 and P.L.2004, c.167, and repealing sections 14 and 15 of P.L.1991, c.31.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1991, c.31 (C.45:14E-3) is amended to read as follows:
3. As used in this act:
a. "Board" means the State Board of Respiratory Care established pursuant to section 4 of [this act] P.L.1991, c.31 (C.45:14E-4).
b. "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
c. "Respiratory care" means the health specialty involving [the] disease prevention, treatment, [disease] management, control, and care [of] for patients with deficiencies and abnormalities of the cardiac and pulmonary system. The care shall include the use of medical gases, air and oxygen-administering apparatus, environmental control systems, humidification and aerosols, drugs and medications, apparatus for cardiopulmonary support and control, postural drainage, chest percussion and vibration and breathing exercise, pulmonary rehabilitation, performance of cardiopulmonary resuscitation, maintenance of natural and mechanical airways, insertion and maintenance of artificial airways, and insertion and maintenance of peripheral arterial and peripheral venous catheters. The care shall also include testing techniques to assist in diagnosis, monitoring, treatment, and research, including but not necessarily limited to, the measurement of cardiopulmonary volumes, pressure and flow, and the drawing and analyzing of samples of arterial, capillary, and venous blood. Respiratory care shall also include: educating patients and caregivers about respiratory care procedures as part of a patient's disease management program; and providing professional consultation services to health care, educational, and community organizations, and State and local agencies.
d. "Respiratory care practitioner" means a person licensed by the board to practice respiratory care under the direction or supervision of a licensed physician, physician assistant, or advanced practice nurse, and who may transcribe and implement written, verbal, and protocol orders for respiratory care.
e. "Respiratory care protocols" means policies and protocols developed by a licensed health care facility through collaboration, when appropriate, with administrators, physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care practitioners.
f. "Respiratory care education program" means a program of respiratory care education accredited by the Commission on Accreditation for Respiratory Care (CoARC), or its predecessor or successor organization.
g. "Continuing education" means a structured educational activity designed or intended to maintain and enhance the development of respiratory care practitioners, by promoting problem solving, critical thinking, and professional competence. For the purposes of this subsection, "continuing education" shall not include in-service education or a program of activities that fulfill assigned general responsibilities specific to the expectations of employers, or basic education or training needed to become a licensed respiratory care practitioner.
(cf: P.L.2004, c.167, s.1)
2. Section 9 of P.L.1991, c.31 (C.45:14E-9) is amended to read as follows:
9. a. No person shall practice, nor present himself as able to practice, respiratory care unless he possesses a valid license as a respiratory care practitioner in accordance with the provisions of P.L.1991, c.31 (C.45:14E-1 et seq.). A person who possesses a valid license as a respiratory care practitioner may use the title, "licensed respiratory care practitioner" and the abbreviation, "LRCP," "RCP," or "RCP-L." A person who does not possess a valid license as a respiratory care practitioner shall not use the terms "inhalation therapy," "respiratory therapy," "respiratory therapy technician," "pulmonary therapy," "pulmonary technician," or any other terms, letters, abbreviations, or insignia indicating or implying that the person is a respiratory care practitioner or directly or by implication represent in any way that the person is a respiratory care practitioner, in connection with the person's practice.
b. This section shall not be construed to prohibit a person enrolled in a [bona fide] respiratory care [training] education program from performing those duties essential for completion of a trainee's clinical service, provided the duties are performed under the supervision and direction of a physician or licensed respiratory care practitioner.
c. Nothing in P.L.1991, c.31 (C.45:14E-1 et seq.) is intended to limit the provision of respiratory care services rendered in the course of an emergency by a certified emergency medical technician or paramedic or other person licensed to practice medicine, dentistry, or podiatry, or other health care professional trained to render emergency services.
d. Nothing in P.L.1991, c.31 (C.45:14E-1 et seq.) shall confer the authority of a person licensed under that act to perform or operate any apparatus used in the performance of extracorporeal circulation or oxygenation.
e. Nothing in P.L.1991, c.31 (C.45:14E-1 et seq.) is intended to limit, preclude, or otherwise interfere with the practices of other persons and health providers licensed by appropriate agencies of the State of New Jersey, so long as those duties are consistent with the accepted standards of the member's profession and the member does not present himself as a respiratory care practitioner.
f. Nothing in P.L.1991, c.31 (C.45:14E-1 et seq.) shall confer the authority to a person licensed to practice respiratory care to practice another health profession as currently defined in Title 45 of the Revised Statutes.
(cf: P.L.2004, c.167, s.3)
3. Section 6 of P.L.2004, c.167 (C.45:14E-16) is amended to read as follows:
6. a. The board shall require each respiratory care practitioner, as a condition of biennial license renewal pursuant to section 1 of P.L.1972, c.108 (C.45:1-7), to complete any continuing education requirements imposed by the board pursuant to this section.
b. The board shall:
(1) Promulgate rules and regulations for implementing continuing education requirements as a condition of license renewal for licenses issued under its jurisdiction;
(2) Establish standards for continuing education, including the subject matter and content of courses of study, competency assessments, and the number and type of continuing education credits required of a licensee as a condition of biennial license renewal;
(3) Recognize the New Jersey Society for Respiratory Care, the American Association for Respiratory Care, and other entities or persons approved by the board as providers of continuing education, and accredit educational programs, including, but not limited to, lectures, seminars, examinations, papers, publications, presentations, and teaching and research appointments, and shall establish procedures for the issuance of credit upon satisfactory proof of the completion of these programs. [In the case of education courses or programs, each hour of instruction shall be equivalent to one credit] All credit earned from recognized entities shall be accepted for continuing education which meets the criteria of this section and shall be recognized toward the number of continuing education credits established by the board; and
(4) Approve only those continuing education programs as are available to all respiratory care practitioners in this State on a reasonable, nondiscriminatory basis.
(cf: P.L.2004, c.167, s.6)
4. Sections 14 and 15 of P.L.1991, c.31 (C.45:14E-14 and C:45:14E-15) are repealed.
5. Within 18 months of the effective date of this act, the Department of Law and Public Safety shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the implementation of this act.
6. This act shall take effect immediately.
STATEMENT
This bill amends various sections of the "Respiratory Care Practitioner Licensing Act," to refine the definitions of various terms associated with respiratory care practice and education, to delimit the proper titles and acronyms to be used by licensed respiratory care practitioners, and to clarify the criteria by which credit for continuing education in respiratory care will be accepted.
The bill repeals section 14 of P.L.1991, c.31 (C.45:14E-14), which permits the State Board of Respiratory Care to issue a temporary respiratory care license to a person who, in the judgment of the board, is eligible to undertake examination prior to full licensure. The bill also repeals section 15 of P.L.1991, c.31 (C:45:14E-15), which permits the State Board of Respiratory Care to issue a license to an applicant who has passed certain examinations, or who currently functions as a respiratory care practitioner.
