Title 201 | Chapter 029 | Regulation 020REG


PROPOSED
This document is not yet current.
View Current Regulation
PREVIOUS VERSION
The previous document that this document is based upon is available.
View Previous Version
BOARDS AND COMMISSIONS
Board of Respiratory Care
(Amended at ARRS Committee)

201 KAR 29:020.Code of ethics; unprofessional conduct.

Section 1.

The following code of ethics consists of general guidelines which embody certain standards of practice for the respiratory care practitioner. The respiratory care practitioner shall practice within the parameters of this code of ethics. The respiratory care practitioner shall:

(1)

Continually strive to increase and improve theirhis or her knowledge and skill and render to each patient the full measure of theirhis or her ability;

(2)

Provide services with respect for the dignity of the patient, unrestricted by considerations of social or economic status, personal attributes, or the nature of health problems;

(3)

Be responsible for the competent and efficient performance of theirhis or her assigned duties and shall expose incompetence and illegal or unethical conduct of members of the profession;

(4)

Hold in strict confidence all privileged information concerning anythe patient, except as authorized or required by law, and refer all inquiries to the physician in charge of the patient's medical care;

(5)

Uphold the dignity and honor of the profession and abide by its ethical principles;

(6)

Be familiar with existing state and federal laws governing the practice of respiratory care and comply with those laws; and

(7)

Cooperate with other health care professionals and participate in activities to promote community, state, and national efforts to meet the health needs of the public.

Section 2.

Unprofessional conduct in the practice of respiratory care shall include the following acts by a person credentialed by this board, and these acts may be grounds for the denial of an application seeking issuance of a credential by the board:

(1)

Violating any of the provisions of KRS Chapter 314A or the administrative regulations adopted thereunder;

(2)

Committing any unfair, false, misleading, or deceptive act or practice;

(3)

Being unfit or incompetent to practiceActing incompetently or negligently in the practice of respiratory care by reason of negligence or other causes, including but not limited to, being unable to practice respiratory care with reasonable skill or safety;

(4)

Practicing respiratory care while under the suspension, revocation, or restriction of the individual's certification by competent authority in any state, federal, or foreign jurisdiction;

(5)

Unlawfully failing to cooperate with the board by:

(a)

Not furnishing any papers or documents requested by the board;

(b)

Not furnishing in writing a complete explanation covering the matter contained in the complaint filed with the board;

(c)

Not appearing before the board at the time and place designated; or

(d)

Not properly responding to subpoenas issued by the board.

(6)

Failing to comply with an order issued by the board or an agreed order established with the board;

(7)

Aiding or abetting an uncertified person to practice respiratory care when a certificate is required;

(8)

Practicing beyond the scope of practice set forth in KRS 314A.100;

(9)

Failing to provide adequate supervision to persons holding a limited or temporary certification;

(10)

Being convicted of any misdemeanor or felony relating to the practice of respiratory care, if in accordance with KRS Chapter 334B. For purposes of this subsection, conviction includes all instances in which a plea of nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended;

(11)

Physically abusing or having sexual contact with a patient or client;

(12)

Accepting by any means, a valuable consideration or gratuity of any kind in return for preferential consideration or treatment of a patient;

(13)

Practicing respiratory care while intoxicated or under the influence of alcohol or other mind-altering or mood-altering drugs not prescribed by a licensed physician;

(14)

Engaging in any immoral conduct in the practice of respiratory care;

(15)

Not informing the board in writing of any changes to the certificate holder'slicensee's permanent mailing address, e-mail address, or place of employment within twenty (20) days;and

(16)

Failing to inform the board in writing within thirty (30) days of facts:

(a)

Supported by observation or direct knowledge, indicating that another certificate holder has violated any provision of KRS 314A.225, 201 KAR 29:020 or 201 KAR 29:070; or

(b)

Of one's own violations of any provision of KRS 314A.225, 201 KAR 29:020 or 201 KAR 29:070;

(17)

Failing to inform the board in writing, within thirty (30) days of the conviction, of any felony, misdemeanor or DUI conviction, including dispositions arising from a plea of "no contest" or nolo contendere, by providing the record of conviction and a letter of explanation; Violating the code of ethics adopted by the board.

(18)

Abusing controlled substances, prescription medications, illegal substances, or alcohol;

(19)

Having a license, privilege, or credential to practice as a respiratory care practitioner denied, limited, suspended, probated, revoked, or otherwise disciplined in another jurisdiction on grounds sufficient to cause a license or privilege to be denied, limited, suspended, probated, revoked, or otherwise disciplined in this Commonwealth, including nonpayment of child support;

(20)

Using or possessing a Schedule I controlled substance, except when in accordance with KRS Chapter 218B; and

(21)

Violating the code of ethics adopted by the board.

Section 3.

Reasons for Removal of Board Member.

(1)

A board member may be removed by the board by majority vote of the board if the member has:

(a)

Been convicted of a felony;

(b)

Had theirhis or her certification to practice respiratory care or license to practice medicine suspended or revoked; or

(c)

Missed three (3) or more consecutive board meetings and those absences are deemed unexcused by a majority vote of the board.

(2)

Upon an affirmative vote by the board to remove a member, the board shall notify the Governor of the action.

FILED WITH LRC: November 10, 2025
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.

7-Year Expiration: 12/6/2026

Last Updated: 11/13/2025


Page Generated: 2/4/2025, 3:28:47 PM