HCS HB 140 -- RESPIRATORY CARE PRACTITIONERS

SPONSOR:  Goward (Treadway)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Governmental Organization and Review by a vote of 11 to 0.

This substitute creates the respiratory care practice act.  The
bill contains provisions which define the following; certified
respiratory therapy technician, registered respiratory
therapist, direct clinical supervision, emergency care, formal
training, protocols, and respiratory care.

The practice of respiratory care is defined as the direct or
indirect respiratory care services which would include the
administration of pharmacologic, diagnostic, and therapeutic
agents related to respiratory care and observing, examining,
monitoring, and evaluating signs, symptoms, and the general
response to respiratory care procedures.

The substitute creates within the Division of Professional
Registration the Missouri Board for Respiratory Care.  It is the
board's duty to adopt rules regarding professional conduct,
establish continuing education requirements, renew licenses, and
establish ethical standards of practice.  The board retains the
right to refuse to issue or renew, suspend, or revoke a license
or permit or place a licensee on probation if the person has
been guilty of unprofessional conduct which endangered or could
endanger the health, welfare, and safety of any person. The
board is required to hear and investigate complaints, employ
investigators, issue subpoenas, and file petitions with courts
of proper jurisdiction regarding the practice of certain
individuals.  The board may also discipline licensees for
controlled substance abuse, fraud, incompetency, impersonation,
deceptive advertising, unethical conduct, and failure to notify
the board of any prior suspensions and revocations.  All fees
collected by the division will be placed in the Respiratory Care
Practitioners Fund, which is created within the state treasury.
These funds will be used for the operation and administration of
the board.

The substitute permits issuance of temporary permits to practice
as respiratory care practitioners to individuals who are
enrolled in approved respiratory care programs.  These permits
are issued for the period in which the individual is enrolled in
the program and up to 18 months after completion of course
work.  If the individual drops out of the program, the permit is
automatically revoked.

Respiratory care practitioners who in good faith render
emergency care are not liable for civil damages, but are liable
for negligence.

Violation of any provisions of this substitute is a class B
misdemeanor.

FISCAL NOTE:  Not available at time of this printing.

PROPONENTS:  Supporters say that technology has advanced to the
point that respiratory care practitioners have become an
integral part of the health care team and therefore need
designation and controls.

Testifying for the bill were Representative Treadway; and the
Missouri Society for Respiratory Care.

OPPONENTS:  Those who oppose the original bill would require
hospitals to monitor educational requirements of each
practitioner and could drive up administrative expenses.

Testifying against the bill was the Missouri Hospital
Association.

Bill Tucker, Research Analyst

HB 140 -- Respiratory Care Practitioners

Sponsor:  Treadway

This bill creates the respiratory care practice act.  The bill
contains provisions which define the following; certified
respiratory therapy technician, registered respiratory
therapist, direct clinical supervision, emergency care, formal
training, protocols, and respiratory care.

The practice of respiratory care is defined as the direct or
indirect respiratory care services which would include the
administration of pharmacologic, diagnostic and therapeutic
agents related to respiratory care and observing, examining,
monitoring and evaluating signs, symptoms, and the general
response to respiratory care procedures.

The bill creates within the Division of Professional
Registration the Missouri Board for Respiratory Care.  It is the
board's duty to adopt rules regarding professional conduct,
establish continuing education requirements, renew licenses, and
establish ethical standards of practice.  The board retains the
right to refuse to issue or renew, suspend, or revoke a license
or permit or place a licensee on probation if the person has
been guilty of unprofessional conduct which endangered or could
endanger the health, welfare, and safety of any person. The
board is required to hear and investigate complaints, employ
investigators, issue subpoenas, and file petitions with courts
of proper jurisdiction regarding the practice of certain
individuals.  The board may also discipline licensees for
controlled substance abuse, fraud, incompetency, impersonation,
deceptive advertising, unethical conduct, and failure to notify
the board of any prior suspensions and revocations.  All fees
collected by the division will be placed in the Respiratory Care
Practitioners Fund, which is created within the state treasury.
These funds will be used for the operation and administration of
the board.

The bill provides for temporary permits to practice as
respiratory care practitioners for individuals who are enrolled
in approved respiratory care programs.  These permits are issued
for the period in which the individual is enrolled in the
program and up to twelve months after completion of course
work.  If the individual drops out of the program the permit is
automatically revoked.

Respiratory care practitioners, who in good faith render
emergency care are not liable for civil damages, but are liable
for negligence.

Violation of any provisions of this bill is a class B
misdemeanor.