reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-1 - PURPOSE › Section 798-X-1-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(1) As stated in
			 Sections
			 34-27B-1,
			 et. seq.,
Code of Ala. 1975
, the law for the
			 regulation of the profession of respiratory therapy and the establishment of
			 the Alabama State Board of Respiratory Therapy (ASBRT), the purpose of this law
			 and the ASBRT is to provide for the competency examination and licensing of
			 persons administering respiratory therapy and provide for waivers for
			 examinations and licensing; create and provide for the membership, terms,
			 meetings, powers, duties, and responsibilities of the Alabama State Board of
			 Respiratory Therapy; require mandatory continuing education for continued
			 renewal of licensure; provide for fees and create a separate fund; provide for
			 causes and procedure for disciplinary action; prohibit certain acts, including
			 false representation of licensure; make an appropriation from the fund to the
			 Board; establish penalties for violations.
(2) The practice of respiratory therapy in
			 Alabama affects the public health, safety, and welfare of the citizens of
			 Alabama. It, therefore, should be subject to regulation and control, in the
			 public interest to protect the citizenry against the unauthorized, unqualified,
			 and improper administration of respiratory therapy and from unprofessional or
			 unethical conduct by persons licensed to practice respiratory therapy.
Author:
The Alabama State Board of Respiratory
				Therapy
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27B-1 thru 34-27B-17.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-3 - ORGANIZATION AND ADMINISTRATION › Section 798-X-3-.01 - Selection And Composition Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Alabama State Board of Respiratory
			 Therapy shall be composed of five members appointed by the Governor. Three of
			 the members shall be respiratory therapists, one member shall be the chief
			 executive officer of a hospital, and one member shall be a physician.
(2) The respiratory therapist members of the
			 Board appointed by the governor shall be selected from a list of names
			 submitted by the Alabama Society for Respiratory Care. The list shall include
			 two names for each appointed position to be filled. The respiratory therapist
			 members appointed to the Board shall be registered or certified by the National
			 Board for Respiratory Care or its successor organization. Respiratory
			 therapists selected for subsequent appointments shall be licensed by the
			 state.
(3) The hospital member
			 shall be selected from a list of two names submitted by the Alabama Hospital
			 Association.
(4) The physician
			 member appointed shall be duly licensed to practice medicine in Alabama and
			 shall be a member of at least one of the following: The American Thoracic
			 Society, the American College of Chest Physicians, the American Society of
			 Anesthesiologists, or the American Academy of Pediatrics. The physician member
			 of the Board appointed by the Governor shall be selected from a list of names
			 submitted by the Medical Association of the State of Alabama. Such lists shall
			 include two names for the position.
(5) All Board members shall be residents of
			 Alabama and the composition of the Board shall reflect the racial, gender,
			 geographic, urban/rural, and economic diversity of the state.
(6) The Governor shall make the appointments
			 for all positions for members of the Board within 90 days of the date the
			 position becomes available, including initial appointments, vacancies, and
			 replacements at the end of the term of service.
(7) Members of the Board shall have the same
			 immunities from personal liability as state employees for actions taken in the
			 performance of their official duties.
Author:
The Alabama State Board of Respiratory
				Therapy
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27B-1 thru 34-27B-17.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-3 - ORGANIZATION AND ADMINISTRATION › Section 798-X-3-.02 - Terms Of Office

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The term of office of all members shall be four years.
(2) No member shall be appointed for more
			 than three consecutive full terms.
(3) A vacancy in an unexpired term shall be
			 filled in the manner of the original appointment.
Author:
The Alabama State Board of Respiratory
				Therapy
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27B-1 thru 34-27B-17.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-3 - ORGANIZATION AND ADMINISTRATION › Section 798-X-3-.03 - Officers Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The Board shall elect a chair and vice chair annually. This election shall take
			 place at the first meeting of a new fiscal year (October 1 or
			 thereafter).
(2) The vice chair
			 shall fill any vacancy in the office of the chair.
(3) The chair may appoint a member to be
			 secretary. The chair's appointment is subject to Board approval.
(4) The duties of the officers shall be as
			 follows:
(a) The chair shall preside at
			 meetings of the Board, appoint members to serve on committees as may be
			 created, serve as ex-officio member of all committees, and determine the rules
			 of order of Board meetings.
(b) The
			 vice chair shall preside in the absence of the president and shall assume the
			 duties of the chair when necessary.
(c) The secretary shall be responsible for
			 the minutes of the meetings and shall assume other duties at the discretion of
			 the chair.
Author:
The Alabama State Board of Respiratory
				Therapy
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-3 - ORGANIZATION AND ADMINISTRATION › Section 798-X-3-.04 - Duties Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The Board shall be responsible for:
(a)
			 Developing the Board meeting agenda.
(b) Facilitating evaluation of the Executive
			 Director.
(c) Assuring Board
			 representation at legislative hearings, meetings, sunset reviews and requested
			 public presentations.
(d)
			 Participation in orientation of newly appointed Board members.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-3 - ORGANIZATION AND ADMINISTRATION › Section 798-X-3-.05 - Meetings Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The Board shall comply with the Alabama Open Meetings Act.
(2) A minimum of two regular meetings shall
			 be held each year. The annual meeting shall be the first meeting of the fiscal
			 year.
(3) A majority of the members
			 of the Board shall constitute a quorum for the transaction of
			 business.
(4) The chair shall, in
			 accordance with these rules, rule upon all questions of procedure and, in the
			 event that evidence is taken, on the admissibility of that evidence. The
			 decision of the chair shall be final.
(5) All members of the Board, including the
			 chair, are entitled to vote and to make or second motions. A majority of those
			 members on the Board present and voting on any matter shall decide that matter
			 before the Board, except on procedural and evidentiary matters which are
			 provided for in 798-X-3-.05(4).
(6)
			 Special meetings may be called by the chair or by a quorum of the
			 Board.
(7) Notice of a meeting
			 shall be given to all Board members at least seven days in advance of the
			 meeting, unless all Board members agree to waive the seven day
			 notice.
(8) Requests to present
			 information to the Board during a regularly scheduled Board meeting shall be in
			 writing to the Executive Director at least fourteen days prior to the meeting.
			 Exceptions may be made in extraordinary circumstances at the direction of the
			 Chair. All requests are subject to review and approval by the Chair. The usual
			 time limitation for presentations will be five minutes with exceptions made by
			 permission of the Chair. Written requests should include:
(a) Contact information of the designated
			 spokesperson; and
(b) Summary of
			 information to be presented.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-3 - ORGANIZATION AND ADMINISTRATION › Section 798-X-3-.06 - Employment Of Personnel

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may employ an executive director, investigators,
				inspectors, attorneys and any other agents and employees and assistants as may
				from time-to-time be necessary to establish and maintain administration and
				enforcement of the Respiratory Therapy Practice Act and rules and regulations
				established by the Board.
Author:
The Alabama State Board of Respiratory
				Therapy
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27B-1 thru 34-27B-17.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-3 - ORGANIZATION AND ADMINISTRATION › Section 798-X-3-.07 - Use Of Forms

Current through Register Vol. 42, No. 9, June 28, 2024
Applications shall be made on the prescribed forms approved by
				the Board. Copies of instructions and forms are available from the office of
				the Board.
Author:
The Alabama State Board of Respiratory
				Therapy
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27B-1 thru 34-27B-17.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-3 - ORGANIZATION AND ADMINISTRATION › Section 798-X-3-.08 - Maintenance And Inspection Of Board Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board shall maintain its records in
			 accordance with the Alabama Open Meetings Act.
(2) Public records maintained by the Board
			 shall be subject to public disclosure pursuant to the Alabama Open Meetings Act
			 and the Alabama Open Records Act.
(3) Upon request to the Executive Director,
			 public records maintained by the Board shall be available for inspection and
			 duplication at the office of the Board during regular business hours. The
			 inspection and duplication of public records shall be under the supervision of
			 the Executive Director or an authorized designee.
(4) Any person wishing to obtain copies of
			 public records shall submit a written request to the office of the Board and
			 will be supplied copies upon payment of the cost of copying, handling and
			 postage.
(5) Public records
			 maintained by the Board that are available for inspection and duplication
			 include, but are not limited to:
(a) Board
			 minutes, except those minutes recorded during an executive session that are
			 prohibited from disclosure by the Alabama Open Meetings Act;
(b) Names and addresses of current
			 licensees;
(c) Names of persons
			 whose licenses have been suspended, revoked, or denied, including the type,
			 date, infraction, the penalty incurred, and length of the penalty;
(d) Rules and regulations of the Board, as
			 promulgated and published in accordance with the, Sections
			 41-22-1,
et
seq
., Administrative
			 Procedures Act,
Code of Ala. 1975
;
(e) Other written statements of policy or
			 interpretations formulated, adopted, or used by the Board in the discharge of
			 its duties and functions; and
(f)
			 Final orders, decisions, declaratory rulings, and opinions issued by the Board.
Author:
The Alabama State Board of Respiratory
				Therapy
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-3 - ORGANIZATION AND ADMINISTRATION › Section 798-X-3-.09 - Rules And Regulations

Current through Register Vol. 42, No. 9, June 28, 2024
All rules and regulations of the Board shall be adopted,
				amended or repealed in accordance with the Sections
				41-22-1
et
seq
., Alabama
				Administrative Procedures Act,
Code of Ala.
				1975
.
Author:
The Alabama State Board of Respiratory
				Therapy
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27B-1 thru 34-27B-17.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-3 - ORGANIZATION AND ADMINISTRATION › Section 798-X-3-.10 - Petition For Adoption, Amendment Or Repeal Of A Rule

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any interested person may petition the
			 Board requesting the adoption of a new rule or the amendment or repeal of an
			 existing rule. The petition shall be in writing and shall include:
(a) The name and address of the
			 petitioner;
(b) An exact statement
			 of the proposed additional rule or amendment or identification of the rule to
			 be repealed; and
(c) The pertinent
			 facts, data, opinions or arguments in support of the petitioner's
			 position.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-3 - ORGANIZATION AND ADMINISTRATION › Section 798-X-3-.11 - Declaratory Rulings

Current through Register Vol. 42, No. 9, June 28, 2024
Any person substantially affected by a rule may petition the
				Board for a declaratory ruling with respect to the validity of a rule or the
				applicability to any person, property or state of facts of any rule or statute
				enforceable by it or with respect to the meaning and scope of any order of the
				Board.
(1) The petition shall be in
			 writing and shall include:
(a) The name and
			 address of the petitioner;
(b) A
			 statement of facts sufficient to show that the person seeking relief is
			 substantially affected by the rule; and
(c) The rule, statute or order and the
			 reasons for the questions.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-3 - ORGANIZATION AND ADMINISTRATION › Section 798-X-3-.12 - Board Member Compensation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each member of the Board shall serve
			 without compensation, but shall be reimbursed for travel expenses incurred in
			 attendance at meetings of the Board and any other business of the Board at its
			 discretion. Mileage rates shall be the same as established for state
			 employees.
(2) Board members shall
			 also receive a per diem allowance following the guidelines for state
			 employees.
(3) The reimbursement
			 for expenses shall be paid from funds derived from the Alabama State Board of
			 Respiratory Therapy Fund.
Author:
The Alabama State Board of Respiratory
				Therapy
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27B-1 thru 34-27B-17.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-3 - ORGANIZATION AND ADMINISTRATION › Section 798-X-3-.13 - Board Of Respiratory Therapy Fund

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A special trust fund is established in
			 the State Treasury known as the Alabama State Board of Respiratory Therapy
			 Fund. All funds received by the Board shall be deposited into the fund and
			 shall be expended only to implement and administer this act. No monies shall be
			 withdrawn or expended from this fund for any purpose unless the monies have
			 been appropriated by the Legislature and allocated pursuant to Sections
			 34-27B-1, et
			 seq.,
Code of Ala. 1975
. Any monies appropriated shall
			 be budgeted and allocated pursuant to the Budget Management Act in accordance
			 with Article 4, (commencing with Section
			 41-4-80) of Chapter 4 of Title 41, and only in the amounts provided by the Legislature
			 in the general appropriations act or other appropriations act. Funds shall be
			 disbursed only upon a warrant of the State Comptroller upon itemized vouchers
			 approved by the chair.
(2) After
			 the first three full fiscal years from May 17, 2004, and every three years
			 thereafter, if a surplus of funds exists which is greater than two year's
			 operating expense, which is the prior two year's annual budgets, the funds
			 shall be distributed to the general fund. (Pursuant to Section
			 34-27B-6,
			 et seq.,
Code of Ala. 1975
).
Author:
The Alabama State Board of Respiratory
				  Therapy
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27B-1 thru 34-27B-17.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-4 - SCOPE OF PRACTICE › Section 798-X-4-.01 - Scope Of Practice

Current through Register Vol. 42, No. 9, June 28, 2024
The Scope of Practice for a licensed respiratory therapist is
				defined in Section
				34-27B-2,
Code of Ala. 1975
. Respiratory therapy or care
				includes, but is not limited to, the following activities conducted upon
				written prescription, verbal order, or medically approved protocol:
(1) Direct and indirect pulmonary care
			 services that are safe, aseptic, preventive, or restorative to the
			 patient.
(2) Direct and indirect
			 respiratory therapy or care, including, but not limited to, the administration
			 of pharmacologic, diagnostic, and therapeutic agents related to respiratory
			 therapy procedures necessary to implement a treatment, disease prevention,
			 pulmonary rehabilitative, or diagnostic regimen prescribed by a
			 physician.
(3) Observation and
			 monitoring of signs and symptoms, general behavior, and general physical
			 response to respiratory therapy treatment and diagnostic testing and
			 determination of whether such signs, symptoms, reactions, behavior, or general
			 responses exhibit abnormal characteristics and implementation, based on
			 observed abnormalities, of appropriate reporting or referral practices or
			 prescribed and medically approved respiratory therapy protocols or appropriate
			 changes in a treatment regimen, pursuant to a prescription by a physician, or
			 the initiation of emergency procedures.
(4) The diagnostic and therapeutic use of any
			 of the following, in accordance with the prescription of a physician:
(a) Administration of medical gases,
			 excluding for purposes of anesthesia.
(b) Aerosols.
(c) Humidification.
(d) Environmental control systems and
			 hyperbaric therapy.
(e)
			 Pharmacologic agents related to respiratory therapy procedures, excluding
			 administration of intravenous medications except those necessary for
			 maintenance of patency of intravenous and intra-arterial lines.
(f) Mechanical or physiological ventilatory
			 support.
(g) Bronchopulmonary
			 hygiene.
(h) Cardiopulmonary
			 resuscitation
(i) Maintenance of
			 natural airways.
(j) Insertion
			 without cutting tissues and maintenance of artificial airways.
(k) Diagnostic and testing techniques
			 required for implementation of respiratory therapy protocols.
(l) Invasive or noninvasive collections of
			 specimens of blood and other body fluids including specimens from the
			 respiratory tract.
(m) Collections
			 of inspired and expired gas samples.
(n) Analysis of blood, and gases, and
			 respiratory secretions.
(o)
			 Measurements of ventilatory volumes, pressures, and flows.
(p) Pulmonary function testing.
(q) Hemodynamic monitoring and other related
			 physiologic measurements of the cardiopulmonary system.
(r) Respiratory telecommunications.
(s) Cardiopulmonary disease
			 management
(t) Tobacco
			 cessation
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-5 - LICENSURE › Section 798-X-5-.01 - Qualifications Of Applicants For Licensure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The applicant for licensure shall be at
			 least 18 years old, be a high school graduate or have the equivalent of a high
			 school diploma, and meet one of the following requirements:
(a) Hold credentials as a registered
			 respiratory therapist (RRT) or a certified respiratory therapist (CRT), as
			 granted by the NBRC or its successor organization;
(b) Hold a temporary license and has passed
			 the examination leading to the CRT or RRT credential within one year of
			 application;
(c) Have a valid
			 respiratory therapist license from another state, the District of Columbia, or
			 a territory of the United States, whose requirements are considered by the
			 Board as substantially similar to those of Alabama and who otherwise meets
			 reciprocity requirements established by the Board;
(d) Has been approved by the Board as being
			 qualified through special training that is equal to, or superior to, standards
			 established for respiratory therapy education programs in Alabama and has
			 passed an examination established by the board; or
(e) Was employed in the administration of
			 respiratory therapy under the direction of a physician on the effective date of
			 the adoption of the rules and regulations of the Board. The opportunity to
			 apply for a respiratory therapy license issued under this rule shall expire 365
			 days after the implementation of the rules and regulations of the Board.
			 Holders of these licenses shall be eligible to renew their licenses as are any
			 other licensed respiratory therapists.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-5 - LICENSURE › Section 798-X-5-.02 - Licensure By Credential

Current through Register Vol. 42, No. 9, June 28, 2024
The applicant for licensure by credential shall be at least 18
				years old, be a high school graduate or have the equivalent of a high school
				diploma, hold credentials as a Registered Respiratory Therapist (RRT) or a
				Certified Respiratory Therapist (CRT), as granted by NBRC or its successor
				organization and shall submit:
(1) A
			 complete application
(2) Required
			 fees
(3) And proof of 24 hours of
			 continuing education credit, meeting Board requirements, earned over the
			 previous two years.
Author:
The Alabama State Board of Respiratory
				Therapy
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27B-1 thru 34-27B-17.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-5 - LICENSURE › Section 798-X-5-.03 - Licensure By Special Training

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The applicant for licensure by special
			 training shall be at least 18 years old, be a high school graduate or have the
			 equivalent of a high school diploma, and shall submit to the Board a completed
			 application and the required fee(s).
(2) An official school transcript shall be
			 submitted to the Board and shall indicate the date of completion of the program
			 and/or date degree/certificate was conferred.
(3) The applicant for licensure by special
			 training shall show proof of special training that is equal to, or superior to,
			 standards established for respiratory therapy educational programs in
			 Alabama.
(4) The applicant shall
			 correct any educational deficiencies by taking additional courses, as directed
			 by the Board.
(5) If the Board
			 determines that the applicant is eligible to take a licensing exam, the
			 applicant shall be required to take and pass the licensing exam.
(6) Fees for licensure by special training
			 shall include all fees established for application for an initial license, plus
			 a $100 examination fee, plus the cost of the examination imposed by the NBRC or
			 other examination agency selected for the administration of the licensure
			 examination.
(7) Licenses which are
			 issued by special training shall be dated to begin at the date the license is
			 issued, but set to expire at the next established renewal date.
Author:
The Alabama State Board of Respiratory
				Therapy
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27B-1 thru 34-27B-17.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-5 - LICENSURE › Section 798-X-5-.04 - Graduates Of Foreign Schools

Current through Register Vol. 42, No. 9, June 28, 2024
The applicant educated in a foreign country shall:
(1) Be required to pass the same licensure
			 examination as applicants in Alabama.
(2) Be a graduate of an education program
			 approved by the proper authorities in the country where the program is
			 located.
(3) Meet the requirements
			 for respiratory therapist program content as criteria for approval in Alabama
			 at the time of the applicant's graduation.
(4) Correct any educational deficiencies by
			 taking additional courses, as directed by the Board.
(5) If duly licensed in a foreign country,
			 provide official verification, translated into English, from the authorities in
			 that country.
(6) Submit a
			 completed application and required fee(s).
Author:
The Alabama State Board of Respiratory
				Therapy
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27B-1 thru 34-27B-17.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-5 - LICENSURE › Section 798-X-5-.05 - Licensure By Reciprocity

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The applicant for licensure by
			 reciprocity shall be at least 18 years old, be a high school graduate or have
			 the equivalent of a high school diploma;
(2) Be duly licensed as a respiratory
			 therapist under the laws of another state or territory and meet reciprocity
			 requirements set by the Board;
(3)
			 Provide for official written verification of a current license from another
			 state or territory; and
(4) Submit
			 a completed application and required fees.
Author:
The Alabama State Board of Respiratory
				Therapy
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27B-1 thru 34-27B-17.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-5 - LICENSURE › Section 798-X-5-.06 - Licensure By Employment Or Work Experience

Current through Register Vol. 42, No. 9, June 28, 2024
Respiratory therapists who were issued licenses during
				implementation based on employment or work experience shall be eligible to
				renew their licenses as are any other licensed respiratory therapist.
Author:
The Alabama State Board of Respiratory
				Therapy
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27B-1 thru 34-27B-17.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-5 - LICENSURE › Section 798-X-5-.07 - Temporary Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Recent graduates of a respiratory therapy education program accredited by CoARC
			 under CAAHEP or successor organizations may be issued a temporary license to
			 practice until such time as they achieve the CRT or RRT credential. The
			 temporary license for a recent respiratory therapist graduate is valid for six
			 months. The respiratory therapist graduate shall have completed an application
			 and paid all necessary fees. Application for a temporary license shall be made
			 within 30 days of graduation, except for extenuating circumstances which shall
			 be approved by the Board.
(2) The
			 temporary license shall be renewable only once for an additional six-month
			 period if the applicant fails the NBRC CRT examination. Exceptions may be made
			 at the discretion of the Board based upon an appeal identifying extenuating
			 circumstances.
(3) The temporary
			 license allows the applicant to practice as a respiratory therapist, subject to
			 the following stipulations:
(a) The
			 respiratory therapist with a temporary license shall function under direct
			 clinical supervision of a currently licensed respiratory therapist or
			 physician; and
(b) The respiratory
			 therapist with a temporary license shall not assume nor be assigned charge or
			 supervisory responsibilities.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-5 - LICENSURE › Section 798-X-5-.08 - Renewal Of License

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Licensure periods:
(a) The respiratory
			 therapist license shall normally be valid for two years, expiring on November 1
			 of odd-numbered years; or
(b) The
			 initial licensure period may be abbreviated in order to have the expiration at
			 the established renewal date.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-5 - LICENSURE › Section 798-X-5-.09 - Special Renewal Provisions For Actively Deployed Respiratory Therapists

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If a
			 respiratory therapist's license lapses while on active duty for greater than 14
			 days, the license may be reinstated or renewed without penalty or payment of
			 the reinstatement or late renewal fee(s) under the following conditions:
(a) The license was active at the time of
			 deployment;
(b) The application for
			 reinstatement or renewal is made while still in the armed services or no later
			 than six months after discharge from active service or return to inactive
			 military status;
(c) A copy of the
			 military activation orders or other proof of active military service
			 accompanies the application;
(d)
			 The renewal fee is paid; and
(e) If
			 the required continuing education contact hours were not earned for renewal
			 during the earning period, the respiratory therapist shall be required to
			 complete the required continuing education hours needed for renewal no later
			 than six months after discharge from active service, return to inactive
			 military status, or return to the United States from an active war
			 zone
(f) Continuing education shall
			 not be required for the period of time the respiratory therapist is on active
			 duty. Proration of required continuing education shall be the equivalent of one
			 (1) contact hour for each month of the licensure period in which the licensee
			 was not on active duty.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-5 - LICENSURE › Section 798-X-5-.10 - Reinstatement Of Lapsed License

Current through Register Vol. 42, No. 9, June 28, 2024
A lapsed license may be reinstated upon submission of a
				completed application and compliance with the following:
(1) Payment of current renewal and
			 reinstatement fees and any applicable fine(s); and
(2) Evidence of completion of twenty-four
			 (24) contact hours of approved continuing education within the twenty-four
			 months preceding application. A maximum of twelve (12) contact hours earned
			 through independent study may be used for reinstatement of a lapsed license.
(a) Contact hours earned for reinstatement of
			 a lapsed license may not be used toward the continuing education requirement
			 for the next license renewal.
(b) A
			 respiratory therapist whose license is reinstated shall accrue for license
			 renewal one (1) contact hour for each calendar month remaining in the period.
			 The licensing period may be less than two years, in order to have the
			 expiration date fall on the established date of renewal.
Author:
The Alabama State Board of Respiratory
				Therapy
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-5 - LICENSURE › Section 798-X-5-.11 - Change Of Name Or Address

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The applicant or licensee shall notify
			 the Board of any requested name change. Appropriate legal documents and fees
			 shall be submitted prior to changing the name of the licensee on the license
			 card.
(2) The licensee shall notify
			 the Board office of any change in the licensee's address. The address of record
			 is the address provided by the applicant or licensee.
Author:
The Alabama State Board of Respiratory
				Therapy
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27B-1 thru 34-27B-17.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-5 - LICENSURE › Section 798-X-5-.12 - Lost License

Current through Register Vol. 42, No. 9, June 28, 2024
The licensee shall promptly report, in writing, the loss of a
				license card to the Board. A duplicate license card requires a completed form
				and appropriate fee(s).
Author:
The Alabama State Board of Respiratory
				Therapy
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27B-1 thru 34-27B-17.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-5 - LICENSURE › Section 798-X-5-.13 - Verification Of Alabama License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Verification of licensure will be
			 available by telephone and on a Board maintained web site.
(2) Upon receipt of a written request and
			 payment of the required fee, the Board's designee shall provide written
			 verification of Alabama license.
Author:
The Alabama State Board of Respiratory
				Therapy
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27B-1 thru 34-27B-17.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-5 - LICENSURE › Section 798-X-5-.14 - Student Exemption From Licensure While Employed

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Pursuant to Section
			 34-27B-11,
			 Code of Ala 1975, respiratory therapy students may perform limited respiratory
			 therapy procedures as an employee of any healthcare facility while enrolled in
			 a respiratory therapy program accredited by CoARC under CAAHEP or successor
			 organization. The student employee shall be designated by title as a student or
			 trainee and shall work under direct clinical supervision.
(2) Student status shall be limited to four
			 years.
(3) To verify student status
			 for employment in respiratory therapy, Directors of accredited respiratory
			 therapy programs shall provide current lists of students enrolled in their
			 programs, or complete "Student Verification Forms" or submit a letter
			 certifying a student's eligibility for employment based on enrollment in a
			 respiratory therapy program.
(4)
			 Directors of respiratory therapy educational programs shall provide notice to
			 the Board when a student's enrollment is terminated within 60 days of such
			 termination.
Author:
The Alabama State Board of Respiratory
				Therapy
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27B-1 thru 34-27B-17.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-5 - LICENSURE › Section 798-X-5-.15 - Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Fees and fines
			 are not refundable.
(2) Fees are
			 payable by certified check, cashier's check, corporate or business check, money
			 order or personal check.
(a) Counter checks
			 are not an acceptable method of payment. Personal checks shall be imprinted
			 with the name, address, and account number of the applicant or
			 licensee.
(b) Personal checks by
			 third parties are not acceptable.
(c) License verification fee(s) are not
			 payable by personal check.
(d)
			 Applicants or licensees who submit personal checks returned due to insufficient
			 funds may be prohibited from paying any future fees or fines by personal
			 check.
(e) Statutory charges for
			 returned checks shall be paid by the applicant or licensee within ten business
			 days from receipt of notice to remit full payment pursuant to
Code
			 of Ala. 1975
, §
									13A-9-13.1(b)(2) and pay the maximum fee allowed by
Code of Ala. 1975
,
			 §8815.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-6 - STANDARDS OF RESPIRATORY THERAPY PRACTICE › Section 798-X-6-.01 - Standards Of Practice

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may adopt standards of respiratory therapy practice
				and continuing competency to be published in the rules and regulations in
				accordance with procedures established in Sections
				41-22-1
et
seq
., Alabama
				Administrative Procedure Act,
Code of Ala.
				1975
.
Author:
The Alabama State Board of Respiratory
				Therapy
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27B-1 thru 34-27B-17.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-6 - STANDARDS OF RESPIRATORY THERAPY PRACTICE › Section 798-X-6-.02 - Conduct And Accountability

Current through Register Vol. 42, No. 9, June 28, 2024
The licensed respiratory therapist shall:
(1) Have knowledge and understanding of the
			 laws and rules regulating respiratory therapy.
(2) Function within the legal scope of
			 respiratory therapy practice.
(3)
			 Be responsible and accountable for the quality of respiratory therapy delivered
			 to patients based on and limited to scope of education, demonstrated
			 competence, and experience.
(4) Be
			 responsible and accountable for the quality of respiratory therapy delivered to
			 patients by respiratory therapy personnel under the individual respiratory
			 therapist's supervision.
(5) Obtain
			 instruction and supervision as necessary when implementing new or unfamiliar
			 respiratory therapy techniques or practices.
(6) Accept individual responsibility and
			 accountability for judgments, actions and respiratory therapy
			 competency.
(7) Collaborate with
			 other members of the health care team.
(8) Practice without discrimination on the
			 basis of age, race, religion, gender, national origin, sexual orientation,
			 patient diagnosis or disability.
(9) Respect the dignity and rights of
			 patients and their significant others including, but not limited to:
(a) Privacy;
(b) Protection of confidential information,
			 unless disclosure is required by law;
(c) Freedom from exploitation of physical,
			 mental, sexual, or financial boundaries; and
(d) Protection of real and personal
			 property.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-6 - STANDARDS OF RESPIRATORY THERAPY PRACTICE › Section 798-X-6-.03 - Licensed Respiratory Therapist Title

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person who is issued a license as a
			 respiratory therapist pursuant to Sections
			 34-27B-1
et
seq
.,
Code of
			 Ala. 1975
may use the words "licensed respiratory therapist" or
			 the letters "LRT" in conjunction with his or her name to denote his or her
			 license.
(2) Pursuant to Section
			 34-27B-9
Code of Ala. 1975,
a person who does not hold a
			 license or a temporary license as a respiratory therapist or whose license or
			 temporary license has been suspended or revoked may not do any of the
			 following, unless otherwise exempt by
			 34-27B-11,
Code of Ala. 1975
:
(a) Use in connection with the person's
			 practice the words "respiratory care professional", "respiratory therapist",
			 "respiratory care practitioner", "certified respiratory care practitioner",
			 "licensed respiratory therapist", "inhalation therapist", or "respiratory
			 therapy technician"; or use the letters "R.C.P.", or "L.R.T."; or use any other
			 word, letters, abbreviations, or insignia indication or implying that the
			 person is a respiratory therapist.
(b) Directly or by implication represent in
			 any way that the person is a respiratory therapist.
Author:
The Alabama State Board of Respiratory
				Therapy
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-7 - DISCIPLINARY ACTION › Section 798-X-7-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Reprimand: A
			 formal censure by the Board.
(2)
			 Fine: A monetary penalty imposed by the Board.
(3) Probation: The monitored practice of
			 respiratory therapy which permits the respiratory therapist to continue to
			 practice respiratory therapy pursuant to specified conditions as set forth by
			 the Board.
(4) Suspension: The
			 temporary withdrawal of the license by Board action.
(5) Revocation: The withdrawal of the license
			 by Board action.
(6) Voluntary
			 Surrender: The voluntary relinquishment of a license that has the force and
			 effect of revocation.
(7)
			 Abandonment: Acceptance of a patient assignment, thus establishing a
			 respiratory therapist-patient relationship, and then ending the respiratory
			 therapist-patient relationship without giving reasonable notice to supervisory
			 personnel so that others can make arrangements for continuation of respiratory
			 care.
Author:
The Alabama State Board of Respiratory
				Therapy
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27B-1 thru 34-27B-17.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-7 - DISCIPLINARY ACTION › Section 798-X-7-.02 - Grounds For Denial Of A License

Current through Register Vol. 42, No. 9, June 28, 2024
The following may be grounds for denial of a license:
(1) Failure to meet any requirement or
			 standard established by law or by rules and regulations adopted by the
			 Board.
(2) Engaging in fraud,
			 misrepresentation, deception, or concealment of a material fact in applying for
			 or securing licensure or taking any examination required for
			 licensure.
(3) A course of conduct
			 that would be grounds for discipline under Chapter
			 798-X-7-.03.
(4) Having disciplinary action pending or
			 having a license denied, conditionally issued, reprimanded, placed on
			 probation, suspended, revoked, or voluntarily surrendered in another state,
			 territory or country.
(5) Having
			 been court-martialed or administratively discharged by a branch of the United
			 States Armed Forces for any act or conduct that would constitute grounds for
			 discipline in this state under Chapter
			 798-X-7-.03.
(6) Failure to produce evidence of good moral
			 character.
(a) The decision as to whether the
			 applicant is of good moral character is within the discretion of the
			 Board.
(b) Failure to show good
			 moral character includes but is not limited to a criminal history or pattern of
			 illegal conduct or disregard for the law.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-7 - DISCIPLINARY ACTION › Section 798-X-7-.03 - Grounds For Discipline Of A Licensee Or Denial Of Renewal Or Reinstatement

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may reprimand, fine, probate, suspend, revoke or
				otherwise discipline any respiratory therapist upon proof that the
				person:
(1) Is guilty of fraud or
			 deceit in procuring or attempting to procure a license by:
(a) Filing false, forged or altered documents
			 or credentials, including required continuing education
			 documentation.
(b) Misrepresenting
			 or falsifying facts in applying for original licensure, renewal, reactivation,
			 or reinstatement of license.
(c)
			 Having another person appear for a licensing or certification
			 examination.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-7 - DISCIPLINARY ACTION › Section 798-X-7-.04 - Investigation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon
			 self-disclosure or receipt of a written complaint alleging that a respiratory
			 therapist has violated a statute or rule by committing one or more of the
			 actions specified as grounds for disciplinary action, the Executive Director
			 shall perform a preliminary review to determine if there is merit and
			 sufficient evidence to warrant formal proceedings as outlined in Chapter
			 798-X-7-.04(2).
(2) When the
			 Executive Director determines there may be merit and sufficient evidence exists
			 to warrant proceedings, an investigative committee shall be formed consisting
			 of one Board member, one Board counsel, and the Executive Director.
(a) Within 30 days of self-disclosure or
			 receipt of a written complaint, the Executive Director shall provide the
			 respiratory therapist, against whom the complaint was made, written
			 notification of the complaint, allegation(s), and investigation process by
			 certified mail. The respiratory therapist may submit, to the Executive
			 Director, a written response and any supporting documentation within 15 days of
			 the receipt of the written notification.
(b) The committee shall review the complaint
			 and other information submitted to determine if further investigation is
			 warranted.
(i) If an investigation is
			 warranted, an investigator shall be retained. The investigator shall work under
			 the direction of the Executive Director to conduct further
			 investigation
(ii) At the
			 conclusion of the investigation, the investigator shall submit an investigation
			 report to be reviewed by the Investigative Committee who has the authority to
			 act on the report as described in Chapter
			 798-X-7-.05.
			 The investigative committee shall send written notification to the complainant
			 and the respiratory therapist, against whom the complaint was made, of any
			 action it decides to take in response to the investigation report.
(c) If the committee determines
			 that an investigation is not warranted, the Executive Director may close the
			 investigative file, provided that the matter may be reinvestigated at any time
			 if circumstances so warrant. The Executive Director shall notify the
			 complainant and the respiratory therapist, against whom the complaint was
			 made.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-7 - DISCIPLINARY ACTION › Section 798-X-7-.05 - Board Action Following Investigation

Current through Register Vol. 42, No. 9, June 28, 2024
The Board or its authorized designee shall have the power to
				act on the report of the investigation as follows:
(1) Dismiss complaint.
(2) Commence disciplinary
			 proceedings.
(3) Accept voluntary
			 surrender of a license.
Author:
The Alabama State Board of Respiratory
				Therapy
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27B-1 thru 34-27B-17.
Alabama Administrative Code › Title 798 - ALABAMA STATE BOARD OF RESPIRATORY THERAPY › Chapter 798-X-7 - DISCIPLINARY ACTION › Section 798-X-7-.06 - Administrative Procedure Act

Current through Register Vol. 42, No. 9, June 28, 2024
The Board hereby adopts by reference as its rules Sections
				41-22-1
et
seq
., Alabama
				Administrative Procedure Act,
Code of Ala. 1975,
as
				amended, governing contested cases, appeals, and related proceedings.
Author:
The Alabama State Board of Respiratory
				Therapy
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27B-1 thru 34-27B-17.