Section 8504-A. Mandatory continuing education for respiratory therapists

1.  (a) Each licensed respiratory therapist required under this  article
  to  register  triennially  with  the department to practice in the state
  shall comply with  provisions  of  the  mandatory  continuing  education
  requirements prescribed in subdivision two of this section except as set
  forth  in  paragraphs  (b)  and  (c)  of  this  subdivision. Respiratory
  therapists  who  do  not  satisfy  the  mandatory  continuing  education
  requirement  shall  not  practice until they have met such requirements,
  and  have  been  issued  a  registration  certificate,  except  that   a
  respiratory  therapist may practice without having met such requirements
  if he or she is issued a conditional registration  certificate  pursuant
  to subdivision three of this section.
    (b)   Respiratory  therapists  shall  be  exempt  from  the  mandatory
  continuing education requirement for the triennial  registration  period
  during  which they are first licensed. In accord with the intent of this
  section, adjustment to the mandatory  continuing  education  requirement
  may  be granted by the department for reasons of health, certified by an
  appropriate health care professional, for extended active duty with  the
  armed forces of the United States, or for other good cause acceptable to
  the department which may prevent compliance.
    (c)  A  licensed  respiratory  therapist  not  engaged  in practice as
  determined by  the  department,  shall  be  exempt  from  the  mandatory
  continuing education requirement upon the filing of a statement with the
  department  declaring  such  status.  Any  licensee who returns to their
  respective practice as a  respiratory  therapist  during  the  triennial
  registration  period shall notify the department prior to reentering the
  profession and shall meet such mandatory education requirements as shall
  be prescribed by regulations of the commissioner.
    2.  During  each  triennial  registration  period  an  applicant   for
  registration  as  a  respiratory  therapist  shall complete a minimum of
  thirty hours of acceptable formal continuing education, as specified  in
  subdivision  four  of  this  section, provided that no more than fifteen
  hours of such continuing education shall consist of self-study  courses.
  Any  respiratory  therapist  whose first registration date following the
  effective date of this section occurs less than three  years  from  such
  effective  date,  but on or after January first, two thousand one, shall
  complete continuing education hours on a prorated basis at the  rate  of
  five-sixths  of  one  hour  per  month  for the period beginning January
  first, two thousand up to the  first  registration  date  thereafter.  A
  licensee  who  has  not  satisfied  the  mandatory  continuing education
  requirements shall not be issued a triennial registration certificate by
  the department and shall not practice unless  and  until  a  conditional
  registration  certificate is issued as provided for in subdivision three
  of this section.  With  the  exception  of  continuing  education  hours
  completed  during  the  registration  period  immediately  preceding the
  effective date of this section,  continuing  education  hours  completed
  during one triennium may not be transferred to a subsequent triennium.
    3.  The  department,  in  its  discretion,  may  issue  a  conditional
  registration to a licensee who fails to meet  the  continuing  education
  requirements  established  in  subdivision  two  of this section but who
  agrees to make up any deficiencies and complete any additional education
  which the department  may  require.  The  fee  for  such  a  conditional
  registration  shall  be the same as, and in addition to, the fee for the
  triennial registration. The duration of  such  conditional  registration
  shall be determined by the department but shall not exceed one year. Any
  licensee  who  is  notified of the denial of registration for failure to
  submit evidence, satisfactory to the department, of required  continuing
  education  and  who  practices  as  a respiratory therapist without such

  registration, may be subject to  disciplinary  proceedings  pursuant  to
  section sixty-five hundred ten of this title.
    4.  As  used  in  subdivision  two of this section, "acceptable formal
  continuing education" for respiratory therapy shall mean formal  courses
  of  learning  which  contribute  to professional practice in respiratory
  therapy and which meet the standards prescribed by  regulations  of  the
  commissioner.  The  department  may,  in its discretion and as needed to
  contribute to  the  health  and  welfare  of  the  public,  require  the
  completion of continuing education courses in specific subjects.
    5.  Respiratory  therapists  shall  maintain adequate documentation of
  completion of acceptable formal continuing education and  shall  provide
  such documentation at the request of the department.
    6.  The  mandatory continuing education fee for respiratory therapists
  shall be thirty dollars, shall be payable on or before the first day  of
  each triennial registration period, and shall be paid in addition to the
  triennial  registration fee required by section eighty-five hundred four
  of this article.