Delaware Administrative Code
Title 24 - Regulated Professions and Occupations
Department of State
Division of Professional Regulation
1770 - Respiratory Care Practice Advisory Council
Section 1770-8.0 - Continuing Education

8.1.1 The respiratory care practitioner shall be required to complete twenty (20) contact hours of continuing education biennially.

8.1.2 Definition of Contact Hours

8.1.3 Contact hours shall be prorated for new licensees in accordance with the following schedule:

8.1.4 Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the requirements of Section 8.0. Attestation shall be completed electronically.

8.1.5 The respiratory care practitioner shall retain all certificates and other documented evidence of participation in an approved/accredited continuing education program for a period of at least (3) three years. Upon request, such documentation shall be made available to the Council for random audit and verification purposes.

8.2.1 The overriding consideration in determining whether a specific activity/program qualifies as acceptable continuing education shall be that it contributes directly to the professional competence of the respiratory care practitioner. For example, the following subjects qualify as acceptable continuing education:

8.4.1 Workshops. A workshop shall contain the following elements:

8.4.2 Recredentialing examination for a certified respiratory therapist (CRT) and a registered respiratory therapist (RRT) shall be equivalent to five (5) contact hours, with a maximum of five (5) contact hours per each licensure renewal period.

8.4.3 Advance specialty examinations: Successful completion of advanced specialty examinations administered by the National Board for Respiratory Care (NBRC) or other examinations as approved by the Council, including the following, shall be equivalent to five (5) contact hours for each exam, with a maximum of five (5) contact hours per each licensure renewal period:

8.4.4 First time presentation of respiratory care education programs, including preparation time, with a maximum of four (4) contact hours per licensure renewal period. Fifty (50) consecutive minutes of presentation of lectures, seminars or workshops in respiratory care or health care subjects shall be equivalent to one (1) contact hour. The program presented must be approved for continuing education pursuant to subsection 8.3.

8.4.5 Preparation and publication of respiratory care theory, practice or science, in a peer reviewed publication, for a maximum of four (4) contact hours per licensure renewal period.

8.4.6 Courses in Basic Life Support (BLS) for a maximum of two (2) contact hours, Advanced Cardiac Life Support (ACLS) for a maximum of four (4) contact hours, Pediatric Advanced Life Support (PALS) for a maximum of four (4) contact hours, and the Neonatal Resuscitation Program (NRP) for a maximum of four (4) contact hours. A maximum of eight (8) total credit hours from this category may be applied to each renewal period.

8.5.1 Audit. Each biennium, the Division of Professional Regulation shall randomly select from the list of renewed licensees a percentage of licensees, determined by the Council, to be audited. The Council may also audit based on complaints or charges against an individual license, relative to compliance with continuing education requirements or based on a finding of past non-compliance during prior audits.

8.5.2 Documentation. When a licensee is selected for audit, the licensee shall be required to submit documentation showing detailed accounting of the various continuing education contact hours claimed by the licensee. Licensees selected for random audit are required to supplement the attestation with supporting materials which may include a syllabus, agenda, itinerary or brochure published by the sponsor of the activity and a document showing proof of attendance (i.e., certificate, a signed letter from the sponsor attesting to attendance, report of passing test score). The Council shall attempt to verify the continuing education shown on the documentation provided by the licensee. Upon completion of the review, the Council decide whether the licensee's continuing education meets the requirements of these regulations.

8.5.3 Council Review and Hearing Process. The Council shall review all documentation requested of any licensee shown on the audit list. If the Council determines the licensee has met the requirements, the licensee's license shall remain in effect. If the Council initially determines the licensee has not met the requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. This hearing will be conducted to determine if there are any extenuating circumstances justifying the apparent noncompliance with these requirements. Unjustified noncompliance of these regulations shall be considered unprofessional conduct in the practice of respiratory care pursuant to subsection 6.3.

8.5.4 Sanctions for Unjustified Noncompliance. The minimum penalty for the first finding of unjustified noncompliance shall be a $250.00 monetary penalty; however, the Council may recommend to the Board imposing any of the additional penalties specified in 24 Del.C. § 1777(e). The minimum penalty for the second finding of unjustified noncompliance shall be a thirty (30) day license suspension; however, the Council may recommend to the Board imposing any of the additional penalties specified in 24 Del.C. § 1777(e).

8.5.5 Requests for Extension- Extenuating Circumstances. A licensee applying for renewal may request an extension and be given up to an additional twelve (12) months to make up all outstanding required continuing education providing he/she can show good cause why he/she was unable to comply with such requirements at the same time he/she applies for renewal. The licensee must state the reason for such extension along with whatever documentation he/she feels is relevant. The Council shall consider requests such as extensive travel outside the United States, military service, extended illness of the licensee or his/her immediate family, or a death in the immediate family of the licensee. The written request for extension must be received by the Council prior to the licensure renewal. The Council shall issue an extension when it determines that one or more of these criteria have been met or if circumstances beyond the control of the licensee have rendered it impossible for the licensee to obtain the required continuing education. A licensee who has successfully applied for an extension under this paragraph shall make up all outstanding hours of continuing education within the extension period approved by the Council. Make-up credits may not be used in the next renewal period.

8.5.6 Appeal. Any licensee sanctioned pursuant to these regulations may contest such ruling by filing an appeal of the Board's final order pursuant to the Administrative Procedures Act.