314A.110 Requirements for mandatory certification -- Limited mandatory certificate. (1) To be eligible for mandatory certification as a respiratory care practitioner the applicant shall have held a registered respiratory therapist (RRT) or certified respiratory therapist (CRT) credential issued by the National Board for Respiratory Care or its equivalent. (2) A temporary mandatory certificate may be issued to the graduate respiratory care practitioner for a period not to exceed six (6) months from graduation. The holder of a temporary mandatory certificate who does not successfully pass the National Board for Respiratory Care or its equivalent entry-level certification examination within a six (6) month period shall cease and desist performing any services as a respiratory care practitioner. Failure to comply in this instance shall subject the individual to prosecution for practicing as a respiratory care practitioner without a mandatory certificate. (3) In order for student respiratory care practitioners to be employed for compensation to provide respiratory care services, they must apply to the board for a limited mandatory certificate which will permit them to perform respiratory care procedures (for which they have received training) under the direct supervision of a respiratory therapist who holds a mandatory certificate. This limited mandatory certificate excludes the performance of continuous mechanical or physiological ventilatory support, arterial puncture, and blood gas analysis. The limited mandatory certificate may be granted only to individuals actively enrolled in an accredited program and for a period not to exceed three (3) years. This limited mandatory certificate is in no manner required for individuals actively enrolled in an accredited program while performing uncompensated clinical activities required by the program. (4) Respiratory care practitioners duly authorized to practice in other states and in good standing and who have held a RRT or hold the CRT credential or its equivalent may be conferred a mandatory certificate by the board if the requirements for licensure or certification in that state are substantially equal to the requirements of this section. (5) Respiratory therapists applying for mandatory certification, who received their National Board for Respiratory Care certified respiratory therapist (CRT) or registered respiratory therapist (RRT) credential prior to July 1, 2002, shall retain their National Board for Respiratory Care (NBRC) designations as certified respiratory therapists (CRT) or registered respiratory therapists (RRT). Those respiratory therapists applying for mandatory certification, who receive their CRT or RRT credential from the NBRC after July 1, 2002, shall retain their CRT or RRT credential as long as they have fulfilled the National Board for Respiratory Care's continuing competency program requirements. Persons holding a mandatory certification through the limited mechanism of grandfather status and those respiratory therapists, receiving their CRT or RRT credential after July 1, 2002, who do not fulfill the National Board for Respiratory Care's continuing competency requirements, shall solely be designated as respiratory care practitioners. (6) Mandatory certification of respiratory care practitioners shall be on a biennial basis according to established criteria under KRS 314A.115. Mandatory certificates issued by the board shall expire and shall not be renewed unless the certificate holder submits proof to the board of compliance with KRS 314A.115. On and after the date on which a person's mandatory certificate has expired, the practitioner may apply for reinstatement within five (5) years of the expiration of the mandatory certificate. The applicant shall show compliance with the current continuing education requirement in force at the time of mandatory certificate renewal application. After expiration of a five (5) year period, current standards for mandatory certification shall be met. The board may require individualized conditions for reinstatement. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 237, sec. 2, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 295, sec. 3, effective July 14, 2000. -- Created 1990 Ky. Acts ch. 201, sec. 4, effective July 13, 1990.