Laws and Rules: Florida Respiratory Care Board

The Governor appoints the BORC members. Membership includes (FL Statute Ch 468, 2020):

1. A registered respiratory therapist.
2. A certified respiratory therapist.
3. A respiratory care professional from each of the following areas:
   1. Respiratory care education.
   2. Respiratory care management and supervision.
   3. Homecare/subacute.
4. Two consumer members, who are residents of this state and have never been licensed as health care practitioners.

Each respiratory care professional on the Board must have been actively engaged in delivering respiratory care services in this state for at least four consecutive years before appointment. The Governor shall, insofar as possible, appoint persons from different geographical areas.

To be eligible for licensure by the Board, an applicant must be an active "certified respiratory therapist” or an active "registered respiratory therapist" as designated by the National Board for Respiratory Care. Licensure by endorsement is possible following specific requirements. There are additional requirements for reactivating a lapsed or retired license. Specific instructions and requirements for licensure are available here.

Respiratory care service includes (FL Statute Ch 468, 2020):

• Evaluation and disease management
• Diagnostic and therapeutic use of respiratory equipment, devices, or medical gas
• Administration of drugs, as duly ordered or prescribed by a physician and following protocols, policies, and procedures established by a hospital or other health care provider or the Board
• Initiation, management, and maintenance of equipment to assist and support ventilation and respiration
• Diagnostic procedures, research, and therapeutic treatment and procedures, including measurement of ventilatory volumes, pressures, and flows; specimen collection and analysis of blood for gas transport and acid/base determinations; pulmonary-function testing; and other related physiological monitoring of cardiopulmonary systems
• Cardiopulmonary rehabilitation
• Cardiopulmonary resuscitation, advanced cardiac life support, neonatal resuscitation, and pediatric advanced life support, or equivalent functions
• Insertion and maintenance of artificial airways and intravascular catheters
• Education of patients, families, the public, or other health care provider, including disease process and management programs and smoking prevention and cessation programs
• Initiation and management of hyperbaric oxygen

Only licensed persons have the right to use the following title (FL Statute Ch 468, 2020):

• "Respiratory Care Practitioner" and the abbreviation "RCP"
• "Registered Respiratory Therapist" and the abbreviation "RRT"
• "Certified Respiratory Therapist" and the abbreviation "CRT"

• floridasrespiratorycare.gov/renewals/

A 3-hour H.I.V./AIDs course is mandatory for the initial renewal of all licensees and optional for subsequent renewals: The course must be taken within the last five (5) years before either initial licensure or first renewal.

One contact hour equals 50 minutes of education, and 0.5 contact hours equals 25 minutes. A contact hour is not equivalent to a continuing education unit (CEU). A contact hour is the current term of measure for CNE. You might find the old term CEU used occasionally. One contact hour equals 0.1 CEU, and ten contact hours equals one CEU.

The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2) (FL Statute Ch 468, 2020):

1. Procuring, attempting to procure, or renewing a license as provided by this part by bribery, fraudulent misrepresentation, or an error of the department or the Board.
2. Having licensure, certification, registration, or other authority, by whatever name known, to deliver respiratory care services revoked, suspended, or otherwise acted against, including the denial of licensure, certification, registration, or other authority to deliver respiratory care services by the licensing authority of another state, territory, or country.
3. Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to respiratory care services or the ability to deliver such services.
4. Willfully making or filing a false report or record, willfully failing to file a report or record required by state or federal law, or willfully impeding or obstructing such filing or inducing another person to do so. Such reports or records include only those reports or records which require the signature of a respiratory care practitioner or respiratory therapist licensed.
5. Circulating false, misleading, or deceptive advertising.
6. Unprofessional conduct:
   1. Violating the confidentiality of information or knowledge concerning a patient.
   2. Falsely misrepresenting the facts on an application for employment as a respiratory therapist.
   3. Leaving a respiratory therapy assignment before properly advising appropriate supervisory personnel.
   4. Providing false or incorrect information to an employer regarding the certification, registration, or licensure status.
   5. Failing to report another licensee in violation of the laws or rules about the profession.
   6. Using foul or abusive language in patient care or public areas.
7. Engaging or attempting to engage in the possession, sale, or distribution of controlled substances, as set forth by law, for any purpose other than a legitimate purpose.
8. Willfully failing to report any violation of this part.
9. Violating a lawful order of the Board or department previously entered in a disciplinary hearing.
10. Engaging in the delivery of respiratory care services with a revoked, suspended, or inactive license.
11. Permitting, aiding, assisting, procuring, or advising any person who is not licensed according to this part, contrary to this part or any rule of the department or the Board.
12. Failing to perform any statutory or legal obligation placed upon a respiratory care practitioner or respiratory therapist licensed according to this part.
13. Accepting and performing professional responsibilities which the licensee knows, or has reason to know, she or he is not competent to perform.
14. Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform them.
15. Gross or repeated malpractice or the failure to deliver respiratory care services with that level of care, skill, and treatment is recognized by a reasonably prudent respiratory care practitioner or respiratory therapist with similar professional training as acceptable under similar conditions and circumstances.
16. Paying or receiving any commission, bonus, kickback, or rebate to or from, or engaging in any split-fee arrangement in any form whatsoever with, a person, organization, or agency, either directly or indirectly, for goods or services rendered to patients referred by or to providers of health care goods and services, including, but not limited to, hospitals, nursing homes, clinical laboratories, ambulatory surgical centers, or pharmacies. The provisions of this paragraph shall not be construed to prevent the licensee from receiving a fee for professional consultation services.
17. Exercising influence within a respiratory care relationship for engaging a patient in sexual activity. A patient is presumed to be incapable of giving free, full, and informed consent to sexual activity with the patient's respiratory care practitioner or respiratory therapist.
18. Making deceptive, untrue, or fraudulent representations in the delivery of respiratory care services or employing a trick or scheme in the delivery of respiratory care services if such a scheme or trick fails to conform to the generally prevailing standards of other licensees within the community.
19. Soliciting patients, either personally or through an agent, using fraud, deception, or otherwise misleading statements or through the exercise of intimidation or undue influence.
20. Failing to keep written respiratory care records justifying the reason for the action taken by the licensee.
21. Exercising influence on the patient in such a manner as to exploit the patient for the financial gain of the licensee or a third party, which includes, but is not limited to, the promoting or selling of services, goods, appliances, or drugs.
22. Performing professional services that have not been duly ordered by a physician licensed pursuant to chapter 458 or chapter 459 and which are not according to protocols established by the hospital, other health care provider, or the Board, except as provided in ss. 743.064,766.103, and 768.13.
23. Being unable to deliver respiratory care services with reasonable skill and safety to patients because of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material because of any mental or physical condition. In enforcing this paragraph, the department shall, upon probable cause, have the authority to compel a respiratory care practitioner or respiratory therapist to submit to a mental or physical examination by physicians designated by the department. The cost of the examination shall be borne by the licensee being examined. The failure of a respiratory care practitioner or respiratory therapist to submit to such an examination when so directed constitutes an admission of the allegations against her or him, upon which a default and a final order may be entered without the taking of testimony or presentation of evidence unless the failure was due to circumstances beyond her or his control. A respiratory care practitioner or respiratory therapist affected under this paragraph shall at reasonable intervals be allowed to demonstrate that she or he can resume the competent delivery of respiratory care services with reasonable skill and safety to her or his patients. In any proceeding under this paragraph, neither the record of proceedings nor the orders entered by the Board shall be used against a respiratory care practitioner or respiratory therapist in any other proceeding.

1. The Board may enter an order denying licensure or imposing any of the penalties in s.456.072(2) against any applicant for licensure or licensee who is found guilty of violating any provision of subsection (1) of this section or who is found guilty of violating any provision of s.456.072(1).
2. The Board shall not reinstate licensure or cause a license to be issued to a person it has deemed unqualified until it is satisfied that such person has complied with all the terms and conditions outlined in the final order and that the respiratory care practitioner or respiratory therapist is capable of safely engaging in the delivery of respiratory care services.
3. The Board may, by rule, establish guidelines for the disposition of disciplinary cases involving specific types of violations. For example, such guidelines may include minimum and maximum fines, periods of supervision on probation, or conditions upon probation or reissuance of a license.

1. It is a violation of law for any person, including any firm, association, or corporation, to:
   1. Sell or fraudulently obtain, attempt to obtain, or furnish to any person a diploma, license, or record, or aid or abet in the sale, procurement, or attempted procurement thereof.
   2. Deliver respiratory care services, as defined by this part or by the Board's rule, under cover of any diploma, license, or record that was illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation.
   3. Deliver respiratory care services, as defined by this part or by the Board's rule, unless such person is duly licensed to do so under the provisions of this part or unless such person is exempted according to s. 468.368.
   4. Use, in connection with his or her name, any designation tending to imply that he or she is a respiratory care practitioner or a respiratory therapist, duly licensed under the provisions of this part unless he or she is so licensed. Advertise an educational program as meeting the requirements of this part or conduct an educational program to prepare respiratory care practitioners or respiratory therapists unless the Board has approved such program.
   5. Knowingly employ unlicensed persons in the delivery of respiratory care services unless exempted by this part.
   6. Knowingly conceal information relative to any violation of this part.
2. Any violation of this section is a felony of the third degree, punishable as provided in s.775.082.

1. Violations of continuing education requirements required by Section 468.361, FS: are to be completed within 90 days of the date of the filing of the final order. Licensee must submit certified documentation of completion of all the CE requirements for the period for which the citation was issued; before renewing the license for the next biennium, a licensee must document compliance with the CE requirements for the relevant period.
2. Failure to document HIV/AIDS continuing education requirement the fine shall be $100.
3. Documentation of some but not all of the 24 hours of continuing education for license renewal the fine shall be $50 for each hour not documented.
4. Violation of any portion of Rule 64B32-5.003, FAC, for unprofessional conduct the fine shall be $300.
5. Failure to notify the Board of current address as required by Rule 64B32-1.006, FAC the fine shall be $50.
6. Failure to keep written respiratory care records justifying the action taken on only one patient under Section 468.365(1)(t), FS the fine shall be $100.
7. Circulating misleading advertising in violation of Section 468.365(1)(e), FS, the fine shall be $500.
8. Exercising influence a patient to exploit the patient for financial gain by promoting or selling services, goods, appliances, or drugs under Section 468.365(1)(u), FS the fine shall be $1,000.
9. Failure to submit compliance documentation after receiving the continuing education audit notification under Section 468.365(1)(x), FS the fine shall be $150.
10. Failure to provide satisfaction, including the costs incurred following receipt of the Department's notification of a check dishonored for insufficient funds under Section 468.365(1)(l), FS the fine shall be $150.
11. Failure to pay required fees or fines on time under Section 468.365(1)(i), FS the fine shall be $150.

The Board shall act per the following disciplinary guidelines and shall impose a penalty within the range corresponding to the severity and repetition of the violations as set forth below. The mitigating or aggravating circumstances used to justify any deviation from the specified guidelines must be enunciated in the final order. The verbal identification of offenses is descriptive only; the full language of each statutory provision cited must be consulted to determine the conduct included. For applicants, any offenses listed herein are sufficient for refusal to certify an application for licensure. In addition to the penalty imposed, according to Section 456.072(4), FS, the Board shall recover the investigation costs and prosecution of the case. Additionally, suppose the Board makes a finding of pecuniary benefit or self-gain related to the violation. In that case, the Board shall require a refund of fees billed and collected from the patient or a third party on behalf of the patient.