201 Ky. Admin. Regs. 29:050

Current through Register Vol. 51, No. 6, December 1, 2024
Section 201 KAR 29:050 - Continuing education requirements

RELATES TO: KRS 314A.115

NECESSITY, FUNCTION, AND CONFORMITY: KRS 314A.115 requires the submission of proof of continuing education in order to renew certification. This administrative regulation delineates the requirements for continuing education and prescribes methods and standards for the accreditation of continuing education courses.

Section 1. Definitions.
(1) "AARC" means American Association for Respiratory Care.
(2) "Academic courses" means courses offered by an accredited postsecondary institution including:
(a) A respiratory care course, designated by a respiratory care course number, beyond the premandatory certification level; and
(b) An academic course applicable to respiratory care practice and appropriate for the respiratory care practitioner employed in the areas of clinical practice, administration, education, or research.
(3) "American Association for Respiratory Care approval" or "AARC approval" means any offering having received recognition by this organization.
(4) "Approved" means Kentucky Board of Respiratory Care (KBRC) recognized.
(5) "Continuing education unit" means sixty (60) contact minutes of participating in continuing education experiences.
(6) "Offering" means an organized learning experience:
(a) Planned and evaluated to meet behavioral objectives; and
(b) Presented in one (1) session or in a series.
(7) "Relevant" means having content applicable to the practice of respiratory care.
(8) "Sponsor" means an individual or organization, other than AARC, applying for approval of continuing education programs.
(9) "Successful completion" means that the practitioner has:
(a) Satisfactorily met and can appropriately document the specific requirements of the offering; and
(b) Earned the continuing education units.
Section 2. Accrual of Continuing Education Units Mandatory; Computation of Accrual.
(1) A minimum of twenty-four (24) continuing education units shall be accrued by each person holding mandatory certification during the two (2) year certification period for renewal.
(2) The certification period shall be January 1 of one (1) year through December 31 of the following calendar year, regardless of when a mandatory certificate is issued.
(3) All units shall be in or relevant to the field of respiratory care.
Section 3. Methods of Acquiring Continuing Education Units. Continuing education units applicable to the renewal of the mandatory certificate shall be directly relevant to the professional growth and development of the respiratory care practitioner. Units may be earned by completing any of the following educational activities:
(1)
(a) Academic courses as defined in Section 1 of this administrative regulation; and
(b) Academic credit equivalency for continuing education units shall be based on one (1) credit hour = fifteen (15) continuing education units;
(2) Continuing education units approved by AARC;
(3) Continuing education units offered by other organizations or institutions approved by the board in accordance with this administrative regulation; or
(4) Scientific and educational lectures, workshops, or seminars presented by a person holding a mandatory certificate.
(a) A maximum of double the continuing education units offered may be credited for scientific and educational lectures, workshops, or seminars presented by the certificate holder.
(b) Credit shall not be issued for repeated instruction of the same course.
Section 4. Procedure for Preapproval of Sponsors.
(1) A sponsor desiring approval of a continuing education offering prior to attendance shall apply for approval to the board at least forty-five (45) days in advance of the date of the offering, on the Application for Continuing Education Approval stating the type of learning activity, the subject matter, the date and time of the program, and the names and qualifications of the instructors. A continuing education activity shall be approved if the board determines that the activity being presented:
(a) Is an organized program of learning;
(b) Pertains to subject matters which are integrally relevant to the practice of respiratory care;
(c) Contributes to the professional competency of the licensee; and
(d) Is conducted by individuals who have educational training, or experience acceptable to the board.
(2) A nonrefundable and one-time fee of ten (10) dollars shall be charged for each continuing education offering.
(3) An approved continuing education offering shall expire two (2) years from the date of approval.
(4) A continuing education offering shall be approved in increments of no less than thirty minutes.
(5) Product based continuing education offerings shall be approved for a maximum of up to two (2) continuing education units per product.
(6) The Board may choose not to approve a sponsor's offerings if the Board finds the sponsor engaged in fraud, deceit, or misrepresentations concerning any continuing education offerings.
Section 5. Procedure for Postapproval of an Individual Holding a Mandatory Certificate.
(1) An individual holding a mandatory certificate desiring postapproval of a continuing education offering shall, within ninety (90) days after the date the continuing education program is conducted, submit an Application for Continuing Education Approval stating the type of learning activity, the subject matter, the date and time of the program, and the names and qualifications of the instructors. A continuing education activity shall be postapproved if the board determines that the activity presented:
(a) Was an organized program of learning;
(b) Pertained to subject matters which are integrally relevant to the practice of respiratory care;
(c) Contributed to the professional competency of the licensee; and
(d) Was conducted by individuals who have educational training, or experience acceptable to the board.
(2) An approved continuing education offering shall expire two (2) years from the date of approval.
(3) A continuing education offering shall be approved in increments of no less than thirty (30) minutes.
(4) Product based continuing education offerings shall be approved for a maximum of up to two continuing education units per product.
(5) The Board may choose not to approve an individual's offerings if the Board finds the individual engaged in fraud, deceit, or misrepresentations concerning any continuing education offerings.
Section 6. All continuing education units and academic courses shall be preapproved or postapproved for credit.
(1) If a continuing education unit is approved by ARRC, it shall be considered preapproved.
(2) An academic course shall be postapproved upon completion of the course.
Section 7. Responsibilities and Reporting Requirements of Certificate Holders. A certificate holder shall be responsible for obtaining required continuing education units. The certificate holder shall identify his or her own continuing education needs, take the initiative in seeking continuing professional education activities to meet these needs, and seek ways to integrate new knowledge, skills, and attitudes. Each person holding mandatory certification shall:
(1) Select approved activities by which to earn continuing education units; and
(2) Maintain all documentation verifying successful completion of continuing education units for a period of three (3) years from conclusion of the certification period in which the continuing education unit was obtained.
Section 8. Audit Procedures.
(1) In January following the certification period, the Board shall audit a minimum of fifteen (15) percent of certificate holders who were designated to complete continuing education by December 31 of the preceding year.
(2) Each certificate holder chosen for an audit shall furnish documentation of completion of continuing education units for the certification period. Documentation shall include:
(a) Official transcripts for completed academic courses;
(b) A copy of the program showing an individual as a presenter of scientific and educational lectures, workshops, or seminars;
(c) Official verification from an official Registrar for academic courses taught; or
(d) Completion certificates or cards, including a course number, for relevant offerings whether preapproved or postapproved.
(3) Each certificate holder chosen for an audit shall also submit a Continuing Education Audit Verification Form. It shall be submitted before March 1 of the year following the certification period.
(4) Failure to fully comply with the provisions of this administrative regulation shall constitute unprofessional conduct as set forth in KRS 314A.225 and may result in the refusal to renew, suspension, or revocation of the certification.
Section 9. Temporary Certificate Holders; Limited Mandatory Certificate Holders. Continuing education requirements shall not apply to the holders of a temporary certificate or a limited mandatory certificate.
Section 10. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "Application for Continuing Education Approval", 6/11;
(b) "Continuing Education Audit Verification Form", 6/11; and
(c) "Application for Renewal", 8/11.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Board of Respiratory Care, 163 W. Short Street, Suite 350, Lexington, Kentucky, 40507, Monday through Friday, 8 a.m. to 4:30 p.m.

201 KAR 29:050

19 Ky.R. 838; Am. 1072; eff. 11-9-92; 2089; eff. 4-21-93; 27 Ky.R. 3135; 28 Ky.R. 70; eff. 7-16-2001; 30 Ky.R. 391; 858; eff. 10-15-03; 32 Ky.R. 2328; eff. 9-1-06; 38 Ky.R. 300; 787; 897; eff. 11-16-11; TAm 8-2-2013.

STATUTORY AUTHORITY: KRS 314.115, 314A.205(3)