Title 34 — Title 34

The Legislature finds and declares that the practice of respiratory therapy in Alabama affects the public health, safety, and welfare of the citizens of Alabama. It, therefore, should be subject to regulation and control, in the public interest to protect the citizenry against th…

Any person who violates this chapter, upon conviction, shall be guilty of a Class B misdemeanor. History: (Act 2004-518, p. 1038, §10.)

Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of any of the following: (1) Any person who is licensed in Alabama or certified by an organization accredited by the National Commission for Certifying Agencies and accep…

(a) The board shall provide notification to all respiratory therapists employed as such or practicing respiratory therapy in Alabama on May 17, 2004. The notification shall summarize the requirements of this chapter and provide information on procedures for obtaining a license. P…

The board shall promulgate rules necessary to implement and administer the provisions of this chapter. Rules shall be issued pursuant to the Administrative Procedure Act. History: (Act 2004-518, p. 1038, §13.)

The board shall be subject to the Alabama Sunset Law, as provided in Chapter 20, Title 41, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2008, and every four years thereafter, unless continued pursuant to the Alabama Sunse…

As used in this chapter, the following terms shall have the following meanings: (1) BOARD. The Alabama State Board of Respiratory Therapy. (2) DIRECT CLINICAL SUPERVISION. A situation where a licensed respiratory therapist or physician is available for the purpose of communicatio…

(a) Except as provided in Section 34-27B-7, no person shall hold himself or herself out to be, or function as, a respiratory therapist in this state unless licensed in accordance with this chapter. (b) In order to obtain a respiratory therapist license, an applicant shall demonst…

The board shall perform the following functions: (1) Set respiratory therapy licensure fees, including, but not limited to, application, initial, renewal, and reinstatement fees. (2) Establish and publish minimum standards of continuing education of respiratory therapy in accorda…

Members; Terms; Meetings; Expense Reimbursement and Per Diem Allowance. (a)(1) The Alabama State Board of Respiratory Therapy is created to implement and administer this chapter and shall be composed of six members appointed by the Governor. Three of the members shall be respirat…

(a) The purpose of this compact is to facilitate the interstate practice of respiratory therapy with the goal of improving public access to respiratory therapy services by providing respiratory therapists licensed in a member state the ability to practice in other member states. …

As used in this compact, the following terms have the following meanings: (1) ACTIVE MILITARY MEMBER. Any person with a full-time duty status in the Armed Forces of the United States, including members of the National Guard and Reserve. (2) ADVERSE ACTION. Any administrative, civ…

(a) In order to participate in this compact and thereafter continue as a member state, a member state shall do all of the following: (1) Enact a compact that is not materially different from the model compact. (2) License respiratory therapists. (3) Participate in the commission’…

(a) To exercise the compact privilege under the terms and provisions of this compact, the licensee shall do all of the following: (1) Hold and maintain an active home state license as a respiratory therapist. (2) Hold and maintain an active credential from the National Board for …

(a) An active military member or their spouse shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. (b) An active military member and t…

(a) A member state in which a licensee is licensed shall have authority to impose adverse action against the license issued by that member state. (b) A member state may take adverse action based on significant investigative information of a remote state or the home state, so long…

(a) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the Respiratory Care Interstate Compact Commission. The commission is an instrumentality of the compact member…

(a) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and the presence of significant investigative information. (b) Notwithstanding any other provision of…

(a) The commission shall adopt reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invali…

(a) Oversight. (1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement this compact. (2) Venue is proper and judicial proceedings by or against the commission shall be …

There is established a separate special trust fund in the State Treasury to be known as the Alabama State Board of Respiratory Therapy Fund. All funds received by the board shall be deposited into the fund and shall be expended only to implement and administer this chapter. No mo…

(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the seventh member state. (1) On or after the effective date of the compact, the commission shall convene and review the enactment of each of the first seven member states refer…

(a) This compact and the commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the adoption of rules shall not be const…

(a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact. (b) Any laws, statutes, rules, or other legal requirements in a member state in conflict with the compact are superseded to the extent of the …

(a) The board shall issue a respiratory therapist license to any person who meets the qualifications required by this chapter and who pays the license fee established herein. (b) Any person who is issued a license as a respiratory therapist under this chapter may use the words “l…

Suspended License. (a) The board may refuse to renew a license, may suspend or revoke a license, may impose probationary conditions, or may impose an administrative fine not to exceed five hundred dollars ($500) per violation, as disciplinary actions if a licensee or applicant fo…

(a) A person who does not hold a license or a temporary license as a respiratory therapist or whose license or temporary license has been suspended or revoked may not do any of the following: (1) Use in connection with the person’s practice the words “respiratory care professiona…