DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
DIRECTOR'S OFFICE
RESPIRATORY CARE - GENERAL RULES
Filed with the secretary of state on These rules take effect immediately upon after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16145, 16148, 16174, 16201, 16287, and 18709 of the public health code, 1978 PA 368, MCL 333.16145, 333.16148, 333.16174, 333.16201, 333.16287, and 333.18709, and Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL 338.3501, 445.2001, 445.2011, and 445.2030)
R 338.2201, R 338.2201a, R 338.2202a, R 338.2205, and R 338.2206 of the Michigan Administrative Code are amended, R 338.2205a is added, and R 338.2207 is rescinded, as follows:
PART 1. GENERAL PROVISIONS
R 338.2201 Definitions.
Rule 2201. (1) As used in these rules:
(a) "Board" means the board of respiratory care
(b) "Code" means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.
(c) "Department" means the department of licensing and regulatory affairs.
(d) "Endorsement" means the acknowledgement
that the licensing criteria in 1 jurisdiction is substantially equivalent to
the criteria established and described in section 16186 of the code, MCL 333.16186.
(2) The terms Terms defined in the code have
the same meanings when used in these rules.
R 338.2201a Training standards for identifying victims of human trafficking;
requirements.
Rule 2201a. (1) Pursuant to Under section
16148 of the code, MCL 333.16148, an individual licensed or seeking licensure shall
complete have completed training in identifying victims of human
trafficking that meets the following standards:
(a) Training content must cover all of the following:
(i) Understanding the types and venues of human trafficking
in Michigan this state or the United States.
(ii) Identifying victims of human trafficking in health care settings.
(iii) Identifying the warning signs of human trafficking in health care settings for adults and minors.
(iv) Resources Identifying resources for
reporting the suspected victims of human trafficking.
(b) Acceptable providers or methods of training include any of the following:
(i) Training offered by a nationally recognized or state-recognized, health-related organization.
(ii) Training offered by, or in conjunction with, a state or federal agency.
(iii) Training obtained in an educational program that has been approved by the department in consultation with the board for initial licensure, or by a college or university.
(iv) Reading an article related to the identification of
victims of human trafficking that meets the requirements of subdivision (1)(a)
of this subrule and is published in a peer review peer-reviewed
journal, health care journal, or professional or scientific journal.
(c) Acceptable modalities of training includes any of the following:
(i) Teleconference or webinar.
(ii) Online presentation.
(iii) Live presentation.
(iv) Printed or electronic media.
(2) The department may select and audit a sample of
individuals an individual and request documentation of proof of completion
of training. If audited by the department, an the individual
shall provide an acceptable proof of completion of training, including either
of the following:
(a) Proof of completion certificate issued by the training provider that includes the date, provider name, name of training, and individual’s name.
(b) A self-certification statement by an the individual.
The certification statement must include the individual’s name and either of the
following:
(i) For training completed pursuant to subrule (1)(b)(i) to (iii) of this rule, the date, training provider name, and name of training.
(ii) For training completed pursuant to subrule (1)(b)(iv)
of this rule, the title of the article, author, publication name of peer
review the peer-reviewed journal, health care journal, or
professional or scientific journal, and the date, volume, and issue of
publication, as applicable.
(3) Pursuant to section 16148 of the code, MCL 333.16148,
the requirements specified in subrule (1) of this rule apply to license renewals
beginning December 2018 and initial licenses issued after March 16, 2021.
PART 2. LICENSURE
R 338.2202a. Applicant trained outside the United States or Canada; education
evaluated.
Rule 2202a. Pursuant to Under section 16174(1)(c)
of the code, MCL 333.16174(1)(c), an applicant who was trained outside
the United States or Canada shall have his or her education evaluated by an
organization accredited by the National Association of Credential Evaluation Services
(NACES) to determine if the applicant satisfies the requirements of R 338.2202.
R 338.2205 Licensure by endorsement; respiratory therapist.
Rule 2205. (1) An applicant for a respiratory therapist
license by endorsement who has been licensed or registered in another state
or licensed in a province of Canada for 5 years or more, in addition to
meeting the requirements of the code and the administrative rules promulgated
under the code, shall comply with all of the following:
(a) Submit a completed application on a form provided by
the department, together with the requisite fee.
(b) Hold an active license, or registration,
or certification in good standing from another state or license in good
standing from a province of Canada immediately preceding the date of filing
an application for licensure by endorsement.
(c) Be of good moral character.
Provide verification of his or her license, registration,
or certification from the licensing agency of each state in which the applicant
holds, or has ever held, a license, registration, or certification to practice respiratory
care. If applicable, verification must include the record of any disciplinary
action taken or pending against the applicant.
(2) In addition to complying with the requirements of subrule
(1) of this rule, if the applicant has been licensed or registered in
another state or licensed in a province of Canada for less than 5 years
immediately preceding the date of the application, he or she shall comply with all
both of the following:
(a) Submit educational information that satisfies the requirements of R 338.2202.
(b) Submit NBRC examination and certification information that satisfies the requirements of R 338.2202.
(c) Be of good moral character.
(3) An applicant for licensure by endorsement shall comply with both of the following:
(a) Disclose each license, registration, or certification in a health profession or specialty issued by another state, the United States military, the federal government, or another country on the application form.
(b) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application.
R 338.2205a Relicensure.
Rule 2205a. (1) An applicant for relicensure whose license has lapsed, under section 16201(3) or (4) of the code, MCL 333.16201, as applicable, may be relicensed by complying with the following requirements as noted by (√):
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(a) For an applicant who has let his or her license lapse and who does not hold a current and valid respiratory care license, registration, or certification in another state of the United States or province of Canada, the applicant must do all of the following:
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Lapsed 3 Years or less |
Lapsed more than 3 Years
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(i) Submit a completed application on a form provided by the department, with the requisite fee. |
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(ii) Establish that the applicant is of good moral character. |
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(iii) Submit fingerprints as set forth in section 16174(3) of the code, MCL 333.16174. |
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(iv) Provide to the department documentation that the applicant passed the NBRC examination required under R 338.2202 within the 2 years immediately preceding relicensure. |
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(v) An applicant for relicensure shall comply with both of the following: (A) Disclose each license, registration, or certification in a health profession or specialty issued by another state, the United States military, the federal government, or another country on the application form. (B) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application. |
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(b) For an applicant who has let his or her license lapse and holds a current and valid respiratory care license, registration, or certificate within another state of the United States or province of Canada the applicant must do all of the following: |
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(i) Submit a completed application on a form provided by the department, with the requisite fee. |
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(ii) Establish that the applicant is of good moral character. |
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(iii) Submit fingerprints as set forth in section 16174(3) of the code, MCL 333.16174. |
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(iv) An applicant for relicensure shall comply with both of the following: (A) Disclose each license, registration, or certification in a health profession or specialty issued by another state, the United States military, the federal government, or another country on the application form. (B) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application. |
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(2) If relicensure is granted and it is determined that a sanction has been imposed by another state, the United States military, the federal government, or another country, the disciplinary subcommittee may impose appropriate sanctions under section 16174(5) of the code, MCL 333.16174.
R 338.2206 Accreditation standards; adoption by reference.
Rule 2206. (1) The department in consultation with the board
approves, and adopts by reference, the following standards for accrediting
respiratory therapist educational programs from the Commission on Accreditation
for Respiratory Care (CoARC). are approved and adopted by reference:
Copies of these standards may be obtained at cost from CoARC, 1248 Harwood
Rd., Bedford, Texas 76021-4244, or at no cost from the CoARC website,
www.coarc.com. Copies may be
obtained at a cost of 10 cents per page from the Michigan Board of Respiratory Care,
Bureau of Professional Licensing, Department of Licensing and Regulatory Affairs,
611 West Ottawa, P.O. Box 30670, Lansing, Michigan 48909. Any respiratory therapist
educational program that is accredited by CoARC is a respiratory therapist educational
program approved by department in consultation with the board.
(a) “Accreditation Policies and Procedures Manual,” March
14, 2020 effective March 13, 2021.
(b) “Accreditation Standards for Entry into Respiratory
Care Professional Practice,” effective July 1, 2020, clarifications March
13, 2021January 1, 2018.
(c) “Accreditation Standards for Degree Advancement Programs in Respiratory Care,” effective January 1, 2018, clarifications December 12, 2020.
(2) Copies of the CoARC’s accreditation standards may be obtained at cost from CoARC, 264 Precision Blvd., Telford, Tennessee 37690, or at no cost from the CoARC website, www.coarc.com. Copies may be obtained at a cost of 10 cents per page from the Michigan Board of Respiratory Care, Bureau of Professional Licensing, Department of Licensing and Regulatory Affairs, 611 West Ottawa, P.O. Box 30670, Lansing, Michigan 48909.
(3) Any respiratory therapist educational program that is accredited by the CoARC is a respiratory therapist educational program approved by the department in consultation with the board.
(2)(4) The department in consultation with
the board adopts by reference the procedures and criteria for recognizing
accrediting organizations of the Council of Higher Education Accreditation
(CHEA), effective June 28, 2010 approved September 24, 2018, and
the procedures and criteria for recognizing accrediting agencies of the United
States Department of Education, effective July 1, 2010 revised July 1,
2020, as contained in 34 CFR part 602, are approved and adopted by
reference. The CHEA recognition standards may be obtained from CHEA, One
Dupont Circle NW, Suite 510, Washington, DC 20036-1110, or from the council’s
website at www.chea.org at no cost. The federal
recognition criteria may be obtained at no cost from the United States
Department of Education’s website at: www.ed.gov
CFR-2020-title34-vol3.pdf
(govinfo.gov). Copies of the standards and criteria recognizing
accrediting agencies used by CHEA and the Department of Education are available
for inspection and distribution at a cost of 10 cents per page from the Board
of Respiratory Care, Bureau of Professional Licensing, Department of Licensing
and Regulatory Affairs, 611 West Ottawa, P.O. Box 30670, Lansing, Michigan
48909.
R 338.2207 Relicensure. Rescinded.
Rule 2207. An applicant for
relicensure whose license has lapsed, under section 16201(3) or (4) of the
code, MCL 333.16201, as applicable, may be relicensed by complying with the
following requirements as noted by (√):
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