Chapter Med 20

Chapter Med 20

RESPIRATORY CARE PRACTITIONERS

Med 20.01   Authority and purpose.

Med 20.02   Definitions.

Med 20.03   Applications and credentials.

Med 20.04   Examinations; panel review of applications.

Med 20.055   Temporary certificates for certified practitioners.

Med 20.06   Examination review by applicant.

Med 20.07   Board review of examination error claim.

Med 20.01 Med 20.01 Authority and purpose. The rules in this chapter are adopted by the medical examining board under the authority of ss. 15.08 (5) (b), 227.11 (2), and 448.40 (1), Stats., to govern the certification and regulation of respiratory care practitioners.

Med 20.01 History History: Cr. Register, December, 1991, No. 432, eff. 1-1-92; CR 18-101: am. Register October 2019 No. 766, eff. 11-1-19.

Med 20.02 Med 20.02 Definitions. In this chapter:

Med 20.02(1) (1) “Board” means the medical examining board.

Med 20.02(2) (2) “Council” means the respiratory care practitioners examining council.

Med 20.02(3) (3) “CRT” means certified respiratory therapist.

Med 20.02(4) (4) “RRT” means registered respiratory therapist.

Med 20.02(5) (5) “TMC” means the Therapist Multiple Choice Examination administered by the National Board for Respiratory Care.

Med 20.02 Note Note: “CRT” and “RRT” are registered trademarks of the National Board for Respiratory Care.

Med 20.02 History History: Cr. Register, December, 1991, No. 432, eff. 1-1-92; CR 18-101: am. (intro.), (3), (4), cr. (5) Register October 2019 No. 766, eff. 11-1-19.

Med 20.03 Med 20.03 Applications and credentials.

Med 20.03(1) (1) Every applicant for initial certification as a respiratory care practitioner shall submit all of the following:

Med 20.03(1)(a) (a) A completed application on a form provided by the board.

Med 20.03(1)(b) (b) The fee specified in s. 440.05, Stats.

Med 20.03(1)(d) (d) Evidence the applicant has passed the examinations required under s. Med 20.04.

Med 20.03(1)(f) (f) Evidence the applicant is a graduate of a school with a course of instruction in respiratory care approved by the Commission on Accreditation for Respiratory Care or the Joint Review Committee for Respiratory Care.

Med 20.03(3) (3) An application for certification is not complete until the board has received both the completed application form and written verification of a passing grade directly from the National Board for Respiratory Care.

Med 20.03 Note Note: Application forms are available from the department of safety and professional services at [phone] or from the department’s website at http://dsps.wi.gov.

Med 20.03 History History: Cr. Register, December, 1991, No. 432, eff. 1-1-92; am. (1) (f) 1., Register, August, 1994, No. 464, eff. 9-1-94; correction in (1) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528; CR 18-101: am. (1) (intro.), (a), r. (1) (c), am. (1) (d), r. (1) (e), (f) (intro.), renum. (1) (f) 1. to (1) (f) and am., r. (1) (f) 2., 3., (2), am. (3) Register October 2019 No. 766, eff. 11-1-19.

Med 20.04 Med 20.04 Examinations; panel review of applications.

Med 20.04(1) (1) An applicant for certification as a respiratory care practitioner shall pass the TMC. The passing score for the TMC is 88 on the 2-digit scale.

Med 20.04(2) (2) An applicant for certification as a respiratory care practitioner shall pass a state board statutes and rules examination conducted by the council as evidenced by documents submitted directly to the council by the department’s office of examinations. The passing score for the examination under this subsection is 85 percent.

Med 20.04(4) (4) An applicant may be required to complete an oral examination if the applicant:

Med 20.04(4)(a) (a) Has a medical condition which in any way impairs or limits the applicant’s ability to practice respiratory care with reasonable skill and safety.

Med 20.04(4)(b) (b) Uses chemical substances so as to impair in any way the applicant’s ability to practice respiratory care with reasonable skill and safety.

Med 20.04(4)(c) (c) Has been disciplined or had licensure denied by a licensing or regulatory authority in Wisconsin or another jurisdiction.

Med 20.04(4)(d) (d) Has been convicted of a crime the circumstances of which substantially relate to the practice of respiratory care.

Med 20.04(4)(e) (e) Has practiced respiratory care for 1,200 hours or less during the last 3 years.

Med 20.04(4)(f) (f) Has practiced respiratory care over 1,200 hours in the last 3 years, but practice was limited.

Med 20.04(4)(g) (g) Has been found negligent in the practice of respiratory care or has been a party in a lawsuit in which it was alleged that the applicant has been negligent in the practice of respiratory care.

Med 20.04(4)(h) (h) Has been diagnosed as suffering from pedophilia, exhibitionism or voyeurism.

Med 20.04(4)(i) (i) Has within the past 2 years engaged in the illegal use of controlled substances.

Med 20.04(4)(j) (j) Has been subject to adverse formal action during the course of respiratory care education, postgraduate training, hospital practice, or other respiratory care employment.

Med 20.04(4)(k) (k) Has been graduated from a respiratory care school not approved by the board.

Med 20.04(4)(L) (L) Has violated s. Med 20.06 (5m).

Med 20.04(4m) (4m) The board designates the council as its agent for conducting oral examinations. At the request of the council, the board shall provide a medical consultant to assist in evaluating applicants examined under sub. (4) (a) and (b). The passing score for an oral examination is 75 percent.

Med 20.04(5) (5) All examinations shall be conducted in English.

Med 20.04(6) (6) Where both written and oral examinations are required, they shall be scored separately and the applicant shall achieve a passing score on all examinations to qualify for a certificate.

Med 20.04(7) (7) An applicant who fails to receive a passing score on an examination under sub. (2) or (4) may reapply by payment of the fee specified in s. 440.05, Stats. If an applicant fails the examination under sub. (2) 3 times, the applicant may not retake the examination unless the applicant submits evidence of having completed further professional training or education as the board may prescribe. An applicant may reapply for an oral examination twice at not less than 4-month intervals.

Med 20.04(8) (8) An oral examination concerning the circumstances described in sub. (4) (a) or (b) shall be limited to a determination whether, at the time of application, risk to the health, safety, or welfare of patient or public arises from the applicant’s demonstrated inability to safely carry out necessary duties and responsibilities inherent to the practice of respiratory care.

Med 20.04 History History: Cr. Register, December, 1991, No. 432, eff. 1-1-92; am. (3), (4) (c) to (f) and (6), r. and recr. (4) (a) and (b), cr. (4) (h) to (k) and (8), Register, February, 1997, No. 494, eff. 3-1-97; correction in (7) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528; CR 18-101: am. (1), (2), renum. (3) to (4m), am. (4) (e), (f), cr. (4) (L), am. (6), (7), (8) Register October 2019 No. 766, eff. 11-1-19.

Med 20.055 Med 20.055 Temporary certificates for certified practitioners.

Med 20.055(1) (1) An applicant for certification who is certified to practice respiratory care in another state may apply to the board for a temporary certificate to practice respiratory care if the applicant submits all of the following:

Med 20.055(1)(a) (a) A completed application on a form provided by the board.

Med 20.055(1)(b) (b) The fee specified in s. 440.05 (1) (a), Stats.

Med 20.055(1)(c) (c) Evidence the applicant has passed the TMC.

Med 20.055(1)(d) (d) Evidence satisfactory to the board that the applicant meets the requirements of s. 448.05 (5r), Stats.

Med 20.055(1)(e) (e) Evidence satisfactory to the board that the applicant is certified to practice respiratory care in another state.

Med 20.055(2) (2) If an applicant for a temporary certificate has been subjected to professional discipline as a result of the applicant’s practice of respiratory care in another state, the applicant shall submit to the board a description of the circumstances of the discipline and a copy of the disciplinary order.

Med 20.055(3) (3) The board may not issue a temporary certificate to an individual who has been previously issued a temporary certificate under this section.

Med 20.055(4) (4) A temporary certificate under this section may be issued for a period not to exceed 3 months and may not be renewed.

Med 20.055 Note Note: Application forms are available from the department of safety and professional services at [phone] or from the department’s website at http://dsps.wi.gov.

Med 20.055 History History: CR 09-005: cr. Register August 2009 No. 644, eff. 9-1-09; CR 18-101: am. (1) (a), (c) Register October 2019 No. 766, eff. 11-1-19.