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GENERAL GOVERNMENT CABINET

Board of Respiratory Care

(Amendment)

201 KAR 29:010.Activities under limited mandatory certification.

RELATES TO:

KRS 314A.110, 314A.112

STATUTORY AUTHORITY:

KRS 314A.112, 314A.205(3)

CERTIFICATION STATEMENT:

This is to certify that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8, because the amendments to this administrative regulation will not have a major economic impact.

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 314A.205 requires the board to evaluate the qualification of candidates for mandatory certification and to establish guidelines to make evaluations. This administrative regulation lists the qualifications for limited mandatory certification and clarifies requirements as well as the types of activities which are permissible by persons holding limited mandatory certification.

Section 1.

To be eligible for limited mandatory certification as a respiratory care practitioner, the applicant shall:

(1)

Be actively enrolled in an accredited program as defined by KRS 314A.010(5);

(2)

Have documented competency in a minimum of six (6) of the following areas as it relates to KRS 314A.010(8):

(a)

Oxygen therapy;

(b)

Assessment of patients cardiopulmonary status;

(c)

Cardiopulmonary resuscitation;

(d)

Ethics of respiratory care and medical care;

(e)

Humidity therapy;

(f)

Aerosol therapy;

(g)

Airway clearance techniques;

(h)

Chest physiotherapy;

(i)

Gas therapy; and

(j)

Arterial puncture~~Respiratory assist device (RAD)~~; and

(3)

Submit documentation of authorization of employment on the Application for Limited Mandatory Certificate by the director of the applicant's educational program and also by the appropriate supervisory personnel in the health care facilities in which the applicant intends to practice respiratory care.

Section 2.

Upon completion of the accredited program, the holder of a limited mandatory certificate shall apply for a temporary mandatory certificate or a mandatory certificate by completing the Application for Mandatory Certification as a Respiratory Care Practitioner.

Section 3.

As used in KRS 314A.110(3), "Continuous mechanical~~or physiological~~ ventilatory support" means~~as used in KRS 314A.110(3) shall be considered to be~~ the establishment, management, or termination of mechanical ventilation, and "physiological ventilatory support" means bringing fresh air for gas exchange into the lungs and to allow for the exhalation of air that contains carbon dioxide. A person holding a limited mandatory certificate shall be prohibited from performing these functions, as well as~~arterial puncture and~~ blood gas analysis. Persons holding a limited mandatory certificate may perform any other respiratory care procedure or function for which they have received training, if they are done under the supervision of an individual holding mandatory certification by this board.

Section 4.

A person shall not practice under a limited mandatory certificate if they have~~he or she has~~ been previously approved by the board for a temporary certificate.

Section 5.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"Application for Limited Mandatory Certificate", 4/17/2025~~5/06~~; and

(b)

"Application for Mandatory Certification as a Respiratory Care Practitioner", 4/17/2025~~5/06~~.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Respiratory Care, 1714 Perryville Road, Suite 200, Danville, Kentucky 40422~~163 W. Short Street, Suite 350, Lexington, Kentucky, 40507~~, Monday through Friday, 8 a.m. to 4:30 p.m. EST. This material is also available at https://kbrc.ky.gov/Pages/Applications-and-Forms.aspx#apps.

MARLENE MCKINLEY, RRT, Board Chair

APPROVED BY AGENCY: April 17, 2025

FILED WITH LRC: August 15, 2025 at 9:45 a.m.

PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 28, 2025 at 10:00 AM at the Kentucky Board of Respiratory Care, 1712 Perryville Rd, Suite 200, Danville, Kentucky 40422. Individuals interested in being heard at this hearing shall notify this agency in writing by October 21, 2025, five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through October 31, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

CONTACT PERSON: Morgan G. Ransdell, Board Attorney, Kentucky Board of Respiratory Care. 1712 Perryville Rd, Suite 200, Danville, Kentucky 40422. Phone: (502) 665-9600, Email: Morgan.Ransdell@ky.gov

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Contact Person:

Morgan G. Ransdell

Subject Headings:

Boards and Commissions, Respiratory Care, Occupations and Professions

(1) Provide a brief summary of:

(a) What this administrative regulation does:

This administrative regulation lists the qualifications for limited mandatory certification and clarifies requirements as well as the types of activities which are permissible by persons holding limited mandatory certification.

(b) The necessity of this administrative regulation:

KRS 314A.112 and 314A.205 require the board to evaluate the qualification of candidates for mandatory certification and to establish guidelines to make evaluations.

By setting qualifications for limited mandatory certification and clarifying requirements as well as the types of activities which are permissible by persons holding limited mandatory certification.

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:

By setting qualifications for limited mandatory certification and clarifying requirements as well as the types of activities which are permissible by persons holding limited mandatory certification.

(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

(a) How the amendment will change this existing administrative regulation:

The amendment provides separate definitions for "continuous mechanical ventilatory support" and "physiological ventilatory support", and adds arterial puncture to list of required competencies, from which a student must complete six to be eligible for a limited license. The applications incorporated by reference in this regulation are amended to include a more robust attestation clause, and to seek disclosure regarding: (a) denial, suspension, revocation of any application for professional licensure nationwide; (b) pending licensure discipline complaints, (c) misdemeanor/DUI convictions; (d) impairment that "in any way affects the ability to practice respiratory care in a competent, ethical and professional manner"; and (e) current participation in a monitoring/alternative to discipline/diversion/peer assistance program.

(b) The necessity of the amendment to this administrative regulation:

The amendment is needed to update the list of competencies pertinent for respiratory care students, and to clarify the distinction between mechanical ventilatory support and physiological ventilatory support. KRS 314A.205 and 314A.225 require the agency to evaluate the qualifications of candidates for mandatory certification, and the application amendments are needed to implement these statutes and the ethical and professional standards set forth in 201 KAR 29:020.

By setting qualifications for limited mandatory certification and clarifying requirements as well as the types of activities which are permissible by persons holding limited mandatory certification, and by strengthening the application questions and attestation clause for the purpose of public protection.

(d) How the amendment will assist in the effective administration of the statutes:

By setting qualifications for limited mandatory certification and clarifying requirements as well as the types of activities which are permissible by persons holding limited mandatory certification, and by providing adding application questions to evaluate the qualifications of candidates for mandatory certification per criteria set forth in KRS 314A.225 and 201 KAR 29:020.

(3) Does this administrative regulation or amendment implement legislation from the previous five years?

No.

(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:

The 4,141 active credential holders subject to the Board’s regulatory authority, the 195 inactive credential holders, and future applicants for initial licensure or reinstatement.

(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:

Applicants for a limited mandatory certificate who have competency in arterial puncture may utilize this competency when qualifying for the certificate. Applicants for initial licensure will be required to answer questions, and attest to the truthfulness of their responses, regarding disciplinary history, criminal convictions, and impairment that impacts their ability to practice respiratory care.

(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):

The amendment does not alter the cost imposed upon applicants.

Applicants for a limited mandatory certificate who have competency in arterial puncture may utilize this competency when qualifying for the certificate. Uniform application questions protect the public and the integrity of the respiratory care profession.

(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

(a) Initially:

There are no monetary costs associated with the implementation of the amendment, either initially or on an ongoing basis.

(b) On a continuing basis:

There are no monetary costs associated with the implementation of the amendment, either initially or on an ongoing basis.

(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:

Agency funds.

(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:

No fee increase or funding is required.

(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:

It does not.

(10) TIERING: Is tiering applied?

Tiering is not applied and is not needed given the context and substance of the regulation.

FISCAL IMPACT STATEMENT

(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:

KRS 314A.110, 314A.112, 314A.205 and 314A.225.

(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:

.: KRS 314A.112 and 314A.205 require the board to evaluate the qualification of candidates for mandatory certification and to establish guidelines to make evaluations: KRS 314A.110 and 314A.205 guide the agency with regard to these determinations.

(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:

The Kentucky Board of Respiratory Care.

(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):

1. Expenditures:

For the first year:

The amendment will not impact expenditures.

For subsequent years:

The amendment will not impact expenditures.

2. Revenues:

For the first year:

The amendment will not impact revenues.

For subsequent years:

The amendment will not impact revenues.

3. Cost Savings:

For the first year:

The amendment will not impact cost savings.

For subsequent years:

The amendment will not impact cost savings.

(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):

None.

(b) Estimate the following for each affected local entity identified in (4)(a):

1. Expenditures:

For the first year:

N/A

For subsequent years:

N/A

2. Revenues:

For the first year:

N/A

For subsequent years:

N/A

3. Cost Savings:

For the first year:

N/A

For subsequent years:

N/A

(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):

Licensure applicants and licensees.

(b) Estimate the following for each regulated entity identified in (5)(a):

1. Expenditures:

For the first year:

The amendment will not necessitate expenditures.

For subsequent years:

The amendment will not necessitate expenditures.

2. Revenues:

For the first year:

No revenues to estimate.

For subsequent years:

No revenues to estimate.

3. Cost Savings:

For the first year:

No cost savings for regulated entities.

For subsequent years:

No cost savings for regulated entities.

(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)

(a) Fiscal impact of this administrative regulation:

The amendment will not have a fiscal impact on the entities identified in (3)(a), (4)(a), and (5)(a).

(b) Methodology and resources used to reach this conclusion:

None.

(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):

(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):

This administrative regulation will not have a major economic impact as it relates to the entities identified in (3)(a), (4)(a), and (5)(a).

(b) The methodology and resources used to reach this conclusion:

None.

GENERAL GOVERNMENT CABINET

Board of Respiratory Care

(Amendment)

201 KAR 29:010.Activities under limited mandatory certification.

RELATES TO:

KRS 314A.110, 314A.112

STATUTORY AUTHORITY:

KRS 314A.112, 314A.205(3)

CERTIFICATION STATEMENT:

NECESSITY, FUNCTION, AND CONFORMITY:

Section 1.

To be eligible for limited mandatory certification as a respiratory care practitioner, the applicant shall:

(1)

Be actively enrolled in an accredited program as defined by KRS 314A.010(5);

(2)

Have documented competency in a minimum of six (6) of the following areas as it relates to KRS 314A.010(8):

(a)

Oxygen therapy;

(b)

Assessment of patients cardiopulmonary status;

(c)

Cardiopulmonary resuscitation;

(d)

Ethics of respiratory care and medical care;

(e)

Humidity therapy;

(f)

Aerosol therapy;

(g)

Airway clearance techniques;

(h)

Chest physiotherapy;

(i)

Gas therapy; and

(j)

Arterial puncture; and

(3)

Section 2.

Section 3.

As used in KRS 314A.110(3), "Continuous mechanical ventilatory support" means the establishment, management, or termination of mechanical ventilation, and "physiological ventilatory support" means bringing fresh air for gas exchange into the lungs and to allow for the exhalation of air that contains carbon dioxide. A person holding a limited mandatory certificate shall be prohibited from performing these functions, as well as blood gas analysis. Persons holding a limited mandatory certificate may perform any other respiratory care procedure or function for which they have received training, if they are done under the supervision of an individual holding mandatory certification by this board.

Section 4.

A person shall not practice under a limited mandatory certificate if they have been previously approved by the board for a temporary certificate.

Section 5.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"Application for Limited Mandatory Certificate", 4/17/2025; and

(b)

"Application for Mandatory Certification as a Respiratory Care Practitioner", 4/17/2025.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Respiratory Care, 1714 Perryville Road, Suite 200, Danville, Kentucky 40422, Monday through Friday, 8 a.m. to 4:30 p.m. EST. This material is also available at https://kbrc.ky.gov/Pages/Applications-and-Forms.aspx#apps.