Section 8510-A. Mandatory continuing education for respiratory therapy technicians

1.  (a)  Each  licensed  respiratory  therapy   technician  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  therapy  technicians  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 therapy technician 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 therapy technicians 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 therapy technician 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  therapy  technician  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  therapy  technician  shall  complete  a
  minimum  of twenty-four hours of acceptable formal continuing education,
  as specified in subdivision four of this section, provided that no  more
  than  twelve  hours  of  such  continuing  education  shall  consist  of
  self-study courses.  Any  respiratory  therapy  technician  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 two-thirds 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 taken 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 therapy technician  without
  such  registration,  may  be  subject  to  the  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  technicians  shall  mean
  formal  courses of learning which contribute to professional practice as
  a respiratory therapy technician 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   therapy   technicians   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 therapy
  technicians shall be twenty-five 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 ten of this article.