Tenn. Comp. R. & Regs. 1330-01-.12 - CONTINUING EDUCATION

(1) Hours required.

(a) Each therapist and assistant licensed by the Board must complete twelve (12) hours of approved continuing education every calendar year.

1. At least five (5) of those twelve (12) hours must pertain to the clinical practice of respiratory care or to research relating to the cardio-pulmonary system.

2. At least one (1) of those twelve (12) hours must pertain to patient safety as defined by the T.J.C.

3. At least one (1) of those twelve (12) hours must be a course focused on the professional or ethical standards required of respiratory therapists by their governing rules and statutes.

4. The remaining five (5) hours may pertain to, among other topics, education or management.

(b) For new licensees, submitting proof of successful completion of the respiratory care program required by T.C.A. §§ 63-27-106 or 63-27-107 shall be considered proof of sufficient preparatory education so as to satisfy the continuing education requirements for the calendar year in which the new licensee completed the program.

(2) Acceptable Continuing Education.

(a) The following organizations' or associations' and their local and state affiliates' continuing education activities, which pertain to the practice of respiratory care, are considered pre-approved for fulfilling the requirements of this rule:

1. All hospitals or institutions belonging to the Tennessee Hospital Association, or which are T.J.C. accredited, and other accrediting hospital bodies with Centers for Medicare and Medicaid Services deemed status;

2. American Association for Respiratory Care and any of its chartered affiliates;

3. American Association of Critical Care Nurses;

4. American Association of Pediatric Physicians;

5. American Cancer Society;

6. American College of Chest Physicians;

7. American College of Emergency Physicians;

8. American College of Physicians;

9. American Heart Association;

10. American Lung Association;

11. American Medical Association;

12. American Nurses Association;

13. American Nurses Credentialing Center's Commission on Accreditation;

14. American Society of Anesthesiologists;

15. American Society of Cardiovascular Professionals;

16. American Thoracic Society;

17. Association of Certified Registered Nurse Anesthetists;

18. Committee on Accreditation for Respiratory Care;

19. Society of Critical Care Medicine;

20. Tennessee Association for Home Care;

21. Tennessee Association of Cardiovascular and Pulmonary Rehabilitation;

22. Tennessee Medical Association;

23. American Academy of Sleep Medicine;

24. American Association of Sleep Technologists; and

25. Society of Anesthesia & Sleep Medicine.

(b) In lieu of obtaining continuing education hours from one of the organizations listed in (a), a licensee may obtain his or her continuing education hours in any of the following ways:

1. By taking and passing (with a grade point average of 2.0 or its equivalent, or better) a college or university course which focuses on the clinical practice of respiratory care and/or on education, management or research relating to the cardiopulmonary system. The licensee will receive continuing education hours equal to three (3) times the number of hours for which the course is accredited by the college or university.

2. By taking and passing advanced training courses (either the initial, renewal, or instructor courses) on advanced cardiac life support (ACLS), pediatric advanced life support (PALS), or neonatal resuscitation programs (NRP). The licensee will receive ten (10) continuing education hours for one of these courses (unless the number of hours attended by the licensee is actually less than ten (10 hours).

3. By taking and passing a NBRC re-credentialing examination (either of the advanced practitioner examinations for registered respiratory therapists or the certification examination for certified respiratory therapists), or by taking and passing a NBRC specialty examination, such as, including but not limited to, Sleep Disorder Specialty or Certified Pulmonary Function Technologist. The licensee will receive ten (10) continuing education hours for passing the examination. These exams shall not fulfill the one (1) hour requirement in patient safety or the one (1) hour in ethics.

4. By presenting or instructing a pre-approved course. The credit is limited to credit for twice the presentation time and credit cannot be given for the same topic more than once per calendar year.

(c) A minimum of 5 hours must be obtained live, real time, with interactive opportunity.

(3) Continuing Education Program Approval Process

(a) All entities offering education activities not considered pre-approved by these rules must request and receive prior approval of their content by the Board in order to be considered valid for fulfilling any of the continuing education requirements as set forth in this act.

(b) Application for approval shall contain the topic, speaker credentials, a brief description of content or content objectives, the sponsoring institution or organization, the length in minutes of each presentation, and the number of credit hours requested. Activities/courses that are being offered in traditional classroom and lecture formats shall also include the date and the place of instruction.

(c) All applications must be submitted to the Board a minimum of thirty (30) calendar days prior to any scheduled Board meeting which is to take place before the educational offering. The Board or Board Consultant shall review each application and shall rule on whether the offering(s) in whole or in part shall be accepted as valid for the purposes of the continuing education requirements of this act. The decision of the Board shall be final in all such matters.

(4) Documentation

(a) Each individual must retain independent proof of attendance and completion of all continuing education requirements. This documentation must be retained for a period of three (3) years from the end of the renewal period in which the continuing education was acquired. This documentation must be produced for inspection and verification, if requested in writing by the Board during its verification process. Such documentation must be one (1) or more of the following:

1. Certificates verifying the individual's completion.

2. Official transcript verifying credit hours earned.

3. Written documentation of training that is kept by the respiratory care practitioner and meets the following criteria:

(i) Written or printed on official stationery of the organization which provided the continuing education;

(ii) The licensee's name;

(iii) The total number of continuing education hours;

(iv) The course title;

(v) The date of the continuing education; and

(vi) The licensee's signature and license number.

(b) If, after request by the Board during its verification process, a person submits documentation for training that is not clearly identifiable as appropriate continuing education, the Board will request a written description of the training and how it applies to the practice of respiratory care. If the Board determines that the training cannot be considered appropriate continuing education, the individual will be given ninety (90) days to replace the hours not allowed. Those hours will be considered replacement hours and cannot be counted during the next renewal period.

(5) Continuing education credit will not be allowed for the following:

(a) Regular work activities, administrative staff meetings, case staffing/reporting, etc.

(b) Membership in, holding office in, or participation on boards or committees, business meetings of professional organizations, or banquet speeches.

(c) Independent unstructured or self-structured learning.

(d) Training specifically related to policies and procedures of an agency (Examples -universal precautions, infection control, emergency or disaster preparedness, employee orientation, employee relations).

(e) College or university course(s), except as authorized pursuant to subparagraph (2)(b).

(f) Provider CPR courses of any type.

(6) Continuing Education for Reinstatement of Retired, Revoked, or Expired License.

(a) Reinstatement of Retired License

1. An individual whose license has been retired for one (1) year or less will be required to fulfill continuing education requirements as outlined in this rule as a prerequisite to reinstatement. Those hours can not be counted toward future continuing education requirements.

2. Any individual requesting reinstatement of a license which has been retired for more than one (1) year must submit, along with the reinstatement request, verification which indicates the attendance and completion of twelve (12) hours of continuing education for every calendar year for which the license has been retired, although under no circumstances shall the maximum number of hours required be more than twenty-four (24) hours. The continuing education hours must have been obtained during the period of retirement with the exception of the most recent calendar year requirement, which must have been completed within the twelve (12) months preceding reinstatement.

3. The twelve (12) hours received for each calendar year must comply with the requirements of rule 1330-01-.12(1)(a).

(b) Reinstatement of Revoked License - Any individual requesting reinstatement of a license which has been revoked for non-compliance with the continuing education requirements of this rule must submit, along with the reinstatement request, verification which indicates the attendance and completion of twelve (12) hours of continuing education for every calendar year for which the license has been revoked. The continuing education hours must have been obtained during the period of revocation with the exception of the most recent calendar year requirement, which must have been completed within the twelve (12) months preceding reinstatement.

(c) Reinstatement of Expired License - No person whose license has expired may be reinstated without submitting evidence of fulfillment of the continuing education requirements as outlined in this rule.

1. Except for licensees who have been practicing in another state during the period of expiration, the continuing education hours documented at the time of reinstatement must equal twelve (12) hours for every calendar year for which the license was expired, although under no circumstances shall the maximum number of hours required be more than sixty (60) hours, and must have been successfully completed before the date of reinstatement.

2. For licensees who have been practicing in another state during the period of expiration, the continuing education hours documented at the time of reinstatement must equal twelve (12) hours for every calendar year for which the license was expired, although under no circumstances shall the maximum number of hours required be more than forty-eight (48) hours, and must have been begun and successfully completed before the date of reinstatement.

3. The twelve (12) hours received for each calendar year must comply with the requirements of rule 1330-01-.12(1)(a).

(d) Continuing education hours obtained as a prerequisite for reinstating a license may not be counted toward the calendar year requirement.

(7) Violations - Any licensee who fails to successfully complete or who falsely certifies attendance and completion of the required hours of continuing education may be subject to disciplinary action.

(a) Prior to the institution of any disciplinary proceedings, a letter shall be issued to the last known address of the individual stating the facts or conduct which warrant the intended action.

(b) The licensee has thirty (30) days from the date of notification to show compliance with all lawful requirements for the retention of the license.

(c) Any licensee who fails to show compliance with the required continuing education hours in response to the notice contemplated by subparagraphs (7) (a) and (7) (b) above may be subject to disciplinary action.

(d) Continuing education hours obtained as a result of compliance with the terms of a Board Order in any disciplinary action shall not be credited toward the continuing education hours required to be obtained in any renewal period.

(8) Waiver or Extension of Continuing Education

(a) The Board may grant a waiver of the need to attend and complete the required hours of continuing education or the Board may grant an extension of the deadline to complete the required hours of continuing education if it can be shown that compliance was beyond the physical or mental capabilities of the person seeking the waiver.

(b) Waivers or extension of the deadline will be considered only on an individual basis and may be requested by submitting the following items to the Board office:

1. A written request for a waiver or deadline extension which specifies which requirements are sought to be waived or which deadline is sought to be extended and a written and signed explanation of the reason for the request; and

2. Any documentation which supports the reason(s) for the waiver or deadline extension requested or which is subsequently requested by the Board.

(c) A waiver or deadline extension approved by the Board is effective only for the renewal period for which the waiver is sought.

Notes

Tenn. Comp. R. & Regs. 1330-01-.12

Original rule filed January 31, 2000; effective April 15, 2000. Amendment filed March 20, 2001; effective June 3, 2001. Amendment filed March 27, 2003; effective June 10, 2003. Amendments filed March 17, 2005; effective May 31, 2005. Amendment filed February 22, 2010; effective May 23, 2010. Amendment filed August 28, 2015; effective 11/26/2015.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-107, 63-1-145, 63-1-146, 63-27-102, 63-27-104, 63-27-105, 63-27-106, 63-27-107, 63-27-109, 63-27-112, and 63-27-116.