Chapter 40 Oregon Laws 2001

AN ACT

HB 2247

Relating to practice of respiratory therapy; creating new provisions; amending ORS 688.815, 688.830 and 688.835; and appropriating money.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 688.815 is amended to read:

688.815. (1) An applicant for a license to practice respiratory care shall submit to the [Respiratory Therapist Licensing Board] Health Licensing Office written evidence, verified by oath, that the applicant:

(a) Is at least 18 years of age;

(b) Has completed an approved four-year high school course of study or the equivalent thereof determined by the appropriate educational agency; and

(c) Has completed a respiratory care education program approved by the American Medical Association in collaboration with the Joint Review Committee for Respiratory Therapy Education or their successors or equivalent organizations, as approved by the Respiratory Therapist Licensing Board.

(2) The applicant shall be required to pass an examination, whereupon the [board] office may issue to the applicant a license to practice respiratory care.

(3) The [board] office may choose to issue a license to practice respiratory care by indorsement to:

(a) An applicant who is currently licensed to practice respiratory care under the laws of another state, territory or country if the qualifications of the applicant are considered by the [board] office to be equivalent to those required in this state.

(b) An applicant holding a credential conferred by the National Board for Respiratory Care as a Certified Respiratory Therapy Technician (CRTT) or as a Registered Respiratory Therapist (RRT), or both, providing such credential has not been suspended or revoked.

SECTION 2. ORS 688.830 is amended to read:

688.830. (1) The Health Licensing Office in consultation with the Respiratory Therapist Licensing Board shall:

[(1)] (a) Determine the qualifications and fitness of applicants for licensure, renewal of license and reciprocal licenses.

[(2)] (b) Adopt rules that are necessary to conduct its business, carry out its duties and administer ORS 688.800 to 688.835.

[(3)] (c) Examine, approve, issue, deny, revoke, suspend and renew licenses to practice respiratory care under ORS 688.800 to 688.835.

[(4)] (d) Maintain a public record of persons licensed by the [board] office to practice respiratory care.

[(5)] (2) The Respiratory Therapist Licensing Board shall:

(a) Establish standards of [professional responsibility and] practice and professional responsibility for persons licensed by the [board] office.

[(6)] (b) Select a licensing examination that meets the standards of the National Commission for Health Certifying Agencies or an equivalent that is nationally recognized in testing respiratory care competencies.

[(7)] (c) Establish continuing education requirements for renewal of a license.

[(8)] (d) Provide for waivers of examinations, grandfathering requirements and temporary licenses as considered appropriate.

[(9)] (e) Establish examination and licensing fees, renewal fees and fees for duplicate licenses. Subject to the review of the Oregon Department of Administrative Services, the fees established under this [subsection] paragraph shall not exceed the cost of administering the regulatory program of the board pertaining to the purpose for which the fee is established, as recognized by the Legislative Assembly in the board's budget, as the budget may be modified by the Emergency Board.

SECTION 3. ORS 688.835 is amended to read:

688.835. [The Respiratory Therapist Licensing Board may administer oaths, take depositions and issue subpoenas to compel the attendance of witnesses and the production of documents or other written information necessary to carry out ORS 688.800 to 688.835. If any person fails to comply with a subpoena issued under this section or refuses to testify on matters on which the person lawfully may be interrogated, the procedure set out in ORS 183.440 shall be followed to compel obedience.]

(1) Upon the complaint of any citizen of this state or upon its own initiative, the Health Licensing Office may investigate any alleged violation of the provisions of ORS 688.800 to 688.835.

(2) In the conduct of investigations, the office may:

(a) Take evidence;

(b) Take the depositions of witnesses, including the person charged;

(c) Compel the appearance of witnesses, including the person charged;

(d) Require answers to interrogatories; and

(e) Compel the production of books, papers, records, accounts, documents or testimony pertaining to the matter under investigation.

(3) In exercising its authority under subsection (2) of this section, the office may issue subpoenas over the signature of the Director of the Health Licensing Office or any person the director may designate by rule.

(4) The circuit court for any county, upon application by the director, shall compel obedience to a subpoena issued and served pursuant to this section and shall punish disobedience of any such subpoena, or any refusal to testify at any authorized hearing or to answer any lawful inquiry of the director or any designated representative of the director, in the same manner as a refusal to testify in the circuit court or as disobedience of the requirements of a subpoena issued from the circuit court is punished.

(5) The office, a licensee or a witness may have benefit of counsel during any investigation.

SECTION 4. Sections 5 to 7 of this 2001 Act are added to and made a part of ORS 688.800 to 688.835.

SECTION 5. The Health Licensing Office, in consultation with the Respiratory Therapist Licensing Board, may discipline a person licensed under ORS 688.800 to 688.835 for any of the following reasons:

(1) Unprofessional conduct, negligence or incompetence in the practice of respiratory care.

(2) Fraud or misrepresentation in applying for or procuring a license to practice in this state.

(3) Use of advertising statements that are untruthful or that deceive or mislead the public.

(4) Making statements that the licensee knows, or with the exercise of reasonable care should know, are false or misleading regarding the skill, efficacy or value of the treatment or remedy administered by the licensee in treating any disease or other condition of the human body.

(5) Impersonating another licensee or permitting another person to use a license issued under ORS 688.830.

(6) Subject to ORS 670.280, conviction of any criminal offense. A copy of the record of conviction, certified by the clerk of the court entering the conviction, shall be conclusive evidence of the conviction.

(7) Disciplinary action by another state of a licensee to practice respiratory therapy, based upon acts by the licensee similar to acts described in this section. A certified copy of the record of the disciplinary action of the other state is evidence from which the office may presume that the licensee was properly disciplined for the reasons stated.

(8) Practicing respiratory care or related services while under the influence of alcohol, controlled substances or other skill-impairing substances that creates a risk of harm to clients.

(9) Any violation of the provisions of ORS 688.800 to 688.835 or of rules adopted in accordance with ORS 688.830 (1)(b).

SECTION 6. (1) In disciplining a licensee as authorized by section 5 of this 2001 Act, the Health Licensing Office, in consultation with the Respiratory Therapist Licensing Board, may use any or all of the following methods:

(a) Refuse to issue or renew the license.

(b) Place the licensee on probation.

(c) Suspend the license.

(d) Revoke the license.

(e) Place limitations on the license.

(f) Take such other disciplinary action as the office finds proper, including assessment of the costs of the disciplinary proceedings as a civil penalty or assessment of a civil penalty not to exceed $5,000, or both.

(2) The office may deny a license or issue a conditional, limited or probationary license to an applicant for licensure for any of the grounds for which a licensee may be disciplined.

(3) If the office places a licensee on probation under subsection (1)(b) of this section, the office, in consultation with the board, may determine and may at any time modify the conditions of the probation. The office may include among the conditions of the probation any reasonable condition for the purpose of protecting the public or rehabilitating the probationer, or both.

(4) If a license issued under ORS 688.800 to 688.835 is suspended, the holder of the license may not practice respiratory care during the term of suspension. Upon the expiration of the term of suspension, the license shall be reinstated by the office if the conditions for which the license was suspended no longer exist.

(5) In addition to all other remedies, when it appears to the office that a person is engaged in, or has engaged in, any act, practice or transaction that violates any provision of ORS 688.800 to 688.835, the office may direct the Attorney General or the district attorney of the county in which the act, practice or transaction occurs to apply to the court for an injunction restraining the person from violating the provisions of ORS 688.800 to 688.835.

(6) Civil penalties under this section shall be imposed as provided in ORS 183.090.

(7) All moneys received by the office under ORS 688.800 to 688.835 shall be paid into the General Fund in the State Treasury and placed to the credit of the Health Licensing Office Account. Such moneys are appropriated continuously and shall be used only for the administration and enforcement of ORS 688.800 to 688.835.

SECTION 7. The Respiratory Therapist Licensing Board and its members and the Health Licensing Office and its employees and contractors are immune from any civil liability arising from good faith actions taken pursuant to ORS 688.800 to 688.835.

Approved by the Governor April 6, 2001

Filed in the office of Secretary of State April 6, 2001

Effective date January 1, 2002

__________