Effective 28 Aug 2001

334.890. Six-month education permit, requirements — supervision required, when — conditional permit issued, when. — 1. If an applicant submits an application, pays the required fees and provides documentation that the applicant is enrolled in a nationally accredited respiratory care educational program and the board completes a background check, an applicant may be issued an educational permit to practice respiratory care during the applicant's course of study and up to a period of six months after the date the applicant graduates from the program. If the holder of an educational permit issued pursuant to this section discontinues courseware in the program prior to graduation, such holder's educational permit shall be automatically revoked.

2. If an applicant graduates from a nationally accredited respiratory care educational program but does not obtain an educational permit during his or her course of study, then upon graduation the applicant may apply to the board for a temporary permit. If an applicant submits an application to the board, pays the required fees and the board completes a background check, the board may issue a one-time temporary permit to practice respiratory care for a period of six months from the date the applicant graduated from a nationally accredited respiratory care educational program. Temporary permits issued to applicants pursuant to this section shall automatically expire six months after the date the applicant graduated from a nationally accredited respiratory care education program or upon issuance or denial of a respiratory care practitioner license by the board, whichever first occurs.

3. If an applicant submits an application to the board, pays the required fees and the board completes a background check, the board may issue a one-time temporary permit to practice respiratory care for a period of six months from the date the temporary permit is issued by the board. Such temporary permit shall automatically expire at the end of the six-month period or upon issuance of a denial of a respiratory care practitioner license by the board, whichever first occurs. The board may issue the temporary permit provided by this section if the applicant:

(1) Is a veteran of the United States military services and such applicant has a minimum of six months' respiratory care experience during the previous eighteen months as a member of the military and such experience is verified; or

(2) Is duly licensed as a respiratory care practitioner pursuant to the laws of another state, the District of Columbia or territory of the United States, and submits an application for licensure as a respiratory care practitioner in this state.

4. The holder of an educational or a temporary permit may only perform and provide such services of a respiratory care practitioner, as defined in section 334.800, under the direct clinical supervision of a person licensed as a respiratory care practitioner in this state as set forth by rule. The holder of a current and valid educational permit or temporary permit may not represent himself or herself as a respiratory care practitioner, use the title respiratory care practitioner or use the abbreviation "R.C.P.". Any holder of an educational permit or a temporary permit shall show such permit upon request.

5. An applicant who completes the requirements of subsections 1 to 3 of this section and submits the necessary information for the background check required by this section may obtain a conditional permit to practice respiratory care in accordance with the provisions of sections 334.800 to 334.910 pending the outcome of the background check subject to the following restrictions:

(1) The conditional permit shall only be issued if the applicant has made a prima facie showing that he or she meets all of the requirements for an educational permit or temporary permit;

(2) The conditional permit shall only be effective until the board has had an opportunity to investigate the applicant's qualifications to hold a permit pursuant to subsections 1 to 3 of this section and to notify the applicant that his or her application for an educational or temporary permit has been granted or denied;

(3) If the applicant provides false or misleading information to the board, the board may automatically terminate the conditional permit. If the board automatically terminates a conditional permit, the board shall notify the holder of the board's decision by certified mail or personal service;

(4) In no event shall such conditional permit be in effect for more than twelve months after the date of its issuance;

(5) A conditional permit shall not be renewed; and

(6) No fee shall be charged for issuing a conditional permit.

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(L. 1996 H.B. 999 § 10, A.L. 1999 H.B. 343, A.L. 2001 H.B. 567)