334.890. Six-month education permit, requirements--supervision required, when--conditional permit issued, when.
Six-month education permit, requirements--supervision required,when--conditional permit issued, when.
334.890. 1. If an applicant submits an application, pays the requiredfees and provides documentation that the applicant is enrolled in a nationallyaccredited respiratory care educational program and the board completes abackground check, an applicant may be issued an educational permit to practicerespiratory care during the applicant's course of study and up to a period ofsix months after the date the applicant graduates from the program. If theholder of an educational permit issued pursuant to this section discontinuescourseware in the program prior to graduation, such holder's educationalpermit shall be automatically revoked.
2. If an applicant graduates from a nationally accredited respiratorycare educational program but does not obtain an educational permit during hisor her course of study, then upon graduation the applicant may apply to theboard for a temporary permit. If an applicant submits an application to theboard, pays the required fees and the board completes a background check, theboard may issue a one-time temporary permit to practice respiratory care for aperiod of six months from the date the applicant graduated from a nationallyaccredited respiratory care educational program. Temporary permits issued toapplicants pursuant to this section shall automatically expire six monthsafter the date the applicant graduated from a nationally accreditedrespiratory care education program or upon issuance or denial of a respiratorycare practitioner license by the board, whichever first occurs.
3. If an applicant submits an application to the board, pays therequired fees and the board completes a background check, the board may issuea one-time temporary permit to practice respiratory care for a period of sixmonths from the date the temporary permit is issued by the board. Suchtemporary permit shall automatically expire at the end of the six-month periodor upon issuance of a denial of a respiratory care practitioner license by theboard, whichever first occurs. The board may issue the temporary permitprovided by this section if the applicant:
(1) Is a veteran of the United States military services and suchapplicant has a minimum of six months' respiratory care experience during theprevious eighteen months as a member of the military and such experience isverified; or
(2) Is duly licensed as a respiratory care practitioner pursuant to thelaws of another state, the District of Columbia or territory of the UnitedStates, and submits an application for licensure as a respiratory carepractitioner in this state.
4. The holder of an educational or a temporary permit may only performand provide such services of a respiratory care practitioner, as defined insection 334.800, under the direct clinical supervision of a person licensed asa respiratory care practitioner in this state as set forth by rule. Theholder of a current and valid educational permit or temporary permit may notrepresent himself or herself as a respiratory care practitioner, use the titlerespiratory care practitioner or use the abbreviation "R.C.P.". Any holder ofan educational permit or a temporary permit shall show such permit uponrequest.
5. An applicant who completes the requirements of subsections 1 to 3 ofthis section and submits the necessary information for the background checkrequired by this section may obtain a conditional permit to practicerespiratory care in accordance with the provisions of sections 334.800 to334.910 pending the outcome of the background check subject to the followingrestrictions:
(1) The conditional permit shall only be issued if the applicant hasmade a prima facie showing that he or she meets all of the requirements for aneducational permit or temporary permit;
(2) The conditional permit shall only be effective until the board hashad an opportunity to investigate the applicant's qualifications to hold apermit pursuant to subsections 1 to 3 of this section and to notify theapplicant that his or her application for an educational or temporary permithas been granted or denied;
(3) If the applicant provides false or misleading information to theboard, the board may automatically terminate the conditional permit. If theboard automatically terminates a conditional permit, the board shall notifythe holder of the board's decision by certified mail or personal service;
(4) In no event shall such conditional permit be in effect for more thantwelve months after the date of its issuance;
(5) A conditional permit shall not be renewed; and
(6) No fee shall be charged for issuing a conditional permit.
(L. 1996 H.B. 999 § 10, A.L. 1999 H.B. 343, A.L. 2001 H.B. 567)