Brief(1)
The main policy change reflected in H. B. 2215 is a change in credentialing status for respiratory therapists from registration to licensure. Currently, the use of the title "registered respiratory therapist" is protected from use by any individual who does not meet the educational and other requirements for registration set out in the law. Under licensing, the practice of respiratory care will be exclusively reserved to those persons who are licensed as respiratory therapists. As set out in H.B. 2215, on and after March 1, 2000, it will be unlawful for any persons who are not licensed to hold themselves out to the public as a licensed respiratory therapist, to use specified initials following a name, or to practice respiratory therapy as defined in the bill. Any violation of the prohibition is a class B misdemeanor. H.B. 2215 expands the statutory listing of persons who are not to be considered as engaged in the unlawful practice of respiratory therapy.
The scope of practice for respiratory therapy is amended by H.B. 2215 to make respiratory therapy a health care service whose practitioners practice under the supervision of a qualified medical director and with the prescription of a person licensed to practice medicine and surgery. The definition of respiratory therapy is further amended to delete a reference to diagnostic evaluation and to add respiratory assessment to the scope of practice. New permitted practices added by the bill include: the implementation of respiratory therapy protocols as defined by the medical staff of an institution or a qualified medical director, initiation of emergency treatment if authorized by written protocols, and changes in treatment pursuant to the order of a person licensed to practice medicine and surgery. A definition of "qualified medical director" is added to the definitions in the act.
H.B. 2215 changes the name of the Respiratory Therapist Council to Respiratory Care Council and provides for the addition of two public members. The role of the Council remains advisory under the provisions of H.B. 2215. Requirements for an applicant for credentialing as a respiratory care therapist to submit evidence of successful completion of supervised field work is deleted from the law. Under H.B. 2215, persons who are registered respiratory therapists on February 29, 2000, are to be "grandfathered" as licensees.
At the present, only persons who are independent practitioners (medical doctors, doctors of osteopathic medicine and surgery, doctors of chiropractic, and doctors of podiatric medicine) are licensed by the Board of Healing Arts. All mid-level practitioners are registered. Since H.B. 2215 changes this credentialing policy by providing for licensure of persons who are not independent practitioners, the bill necessitates the amendment of a number of statutes, including those that do not directly concern licensees or registrants of the Board of Healing Arts, to change references from "persons licensed by the board of healing arts" to "persons licensed to practice any branch of the healing arts" or like references. The Senate Committee amendments make a change in the statutory language relating to temporary permits.
Background
Respiratory therapists have been authorized to apply for registration and use titles that may be used only by respiratory care providers who meet the qualifications for and are registered by the Board of Healing Arts since 1986 when the present act was enacted. The passage of legislation to authorize the registration of respiratory therapists followed a credentialing study under the Kansas Act on Credentialing which found the applicants for credentialing met the statutory criteria for registration, but not licensing. Since that time several bills have been introduced to increase the level of credentialing to licensure, but have not been enacted. A second study under the Kansas Act on Credentialing found respiratory therapists did not meet the statutory criteria for licensure. H.B. 2215 was introduced by the House Committee at the request of the Kansas Respiratory Care Society whose representatives supported the bill during Committee hearings. In addition to several respiratory therapists who spoke in favor of the bill, the Committee received written testimony from several persons licensed to practice medicine and surgery who specialize in respiratory care. The Department of Health and Environment submitted written testimony giving the history of the credentialing study done earlier and noting that no study had been done under the Kansas law to determine whether the criteria for licensing is now met or what the effect of licensing would be on health care costs and other providers of health care. A representative of the Board of Healing Arts expressed the Board's opposition to the bill, and a representative of the Kansas Medical Society indicated the Society did not oppose the bill.
The fiscal note on H.B. 2215 indicates the bill would have no fiscal impact in FY 2000, but would result in additional expenditures and receipts to the Healing Arts Fee Fund in FY 2001.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.