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468.35 – Short title.

468.35 Short title.—This part shall be known and may be cited as the “Respiratory Care Act.” History.—ss. 1, 3, ch. 84-252; s. 4, ch. 91-429.

468.351 – Purpose and intent; application.

468.351 Purpose and intent; application.— (1)(a) The purpose in enacting this part is to provide for the licensure of persons who deliver respiratory care services and who meet certain requirements. The delivery of respiratory care services by persons licensed pursuant to this part shall not be construed to permit the practice of medicine. (b) It is the finding […]

468.352 – Definitions.

468.352 Definitions.—As used in this part, the term: (1) “Board” means the Board of Respiratory Care. (2) “Certified respiratory therapist” means any person licensed pursuant to this part who is certified by the National Board for Respiratory Care or its successor; who is employed to deliver respiratory care services, under the order of a physician licensed pursuant to […]

468.353 – Board of Respiratory Care; powers and duties.

468.353 Board of Respiratory Care; powers and duties.— (1) The board is authorized to establish minimum standards for the delivery of respiratory care services and to adopt those rules necessary to administer this part. (2) The board may administer oaths, summon witnesses, and take testimony in all matters relating to its duties under this part. (3) The board may […]

468.354 – Board of Respiratory Care; organization; function.

468.354 Board of Respiratory Care; organization; function.— (1) There is created within the department, the Board of Respiratory Care, composed of seven members appointed by the Governor and confirmed by the Senate. (2) The board shall include: (a) A registered respiratory therapist. (b) A certified respiratory therapist. (c) A respiratory care professional from each of the following areas: 1. Respiratory care education. […]

468.355 – Licensure requirements.

468.355 Licensure requirements.—To be eligible for licensure by the board, an applicant must be an active “certified respiratory therapist” or an active “registered respiratory therapist” as designated by the National Board for Respiratory Care, or its successor. History.—ss. 1, 3, ch. 84-252; s. 4, ch. 86-60; s. 4, ch. 91-429; s. 132, ch. 97-264; s. 179, […]

468.358 – Licensure by endorsement.

468.358 Licensure by endorsement.— (1) Licensure as a certified respiratory therapist shall be granted by endorsement to an individual who holds the “Certified Respiratory Therapist” credential issued by the National Board for Respiratory Care or an equivalent credential acceptable to the board. Licensure by this mechanism requires verification by oath and submission of evidence satisfactory to the […]

468.359 – Assumption of title and use of abbreviations.

468.359 Assumption of title and use of abbreviations.— (1) Only persons who are licensed pursuant to this part as respiratory care practitioners have the right to use the title “Respiratory Care Practitioner” and the abbreviation “RCP.” (2) Only persons who are licensed pursuant to this part as registered respiratory therapists have the right to use the title “Registered […]

468.36 – Current address.

468.36 Current address.—Every licensee shall file with the department the licensee’s current residence address as defined by board rule. History.—ss. 1, 3, ch. 84-252; s. 4, ch. 91-429; s. 293, ch. 97-103; s. 137, ch. 97-264.

468.361 – Renewal of licensure; continuing education.

468.361 Renewal of licensure; continuing education.— (1) The department shall provide by rule a method for the biennial renewal of licensure at fees set by the board. (2) The board shall prescribe by rule continuing education requirements, not to exceed 24 hours biennially, as a condition for renewal of licensure. The program criteria with respect thereto shall be […]

468.363 – Reactivation of licensure; continuing education.

468.363 Reactivation of licensure; continuing education.—The board shall prescribe by rule continuing education requirements as a condition of reactivating a license. The continuing education requirements for reactivating a license may not exceed 12 classroom hours for each year the license was inactive. History.—ss. 1, 3, ch. 84-252; s. 4, ch. 91-429; s. 198, ch. 94-119; s. […]

468.364 – Fees; establishment; disposition.

468.364 Fees; establishment; disposition.— (1) The board shall establish by rule fees for the following purposes: (a) Application, a fee not to exceed $50. (b) Initial licensure, a fee not to exceed $200. (c) Renewal of licensure, a fee not to exceed $200 biennially. (d) Renewal of inactive licensure, a fee not to exceed $50. (e) Reactivation, a fee not to exceed […]

468.365 – Disciplinary grounds and actions.

468.365 Disciplinary grounds and actions.— (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): (a) Procuring, attempting to procure, or renewing a license as provided by this part by bribery, by fraudulent misrepresentation, or through an error of the department or the board. (b) Having licensure, certification, registration, or […]

468.366 – Penalties for violations.

468.366 Penalties for violations.— (1) It is a violation of law for any person, including any firm, association, or corporation, to: (a) Sell or fraudulently obtain, attempt to obtain, or furnish to any person a diploma, license, or record, or aid or abet in the sale, procurement, or attempted procurement thereof. (b) Deliver respiratory care services, as defined by […]

468.367 – Injunctive relief.

468.367 Injunctive relief.—The department may, in its discretion, in lieu of or in addition to any remedy set forth in this part, file a proceeding in the name of the state seeking issuance of a restraining order, an injunction, or a writ of mandamus against any person who is or has been violating any of the […]

468.368 – Exemptions.

468.368 Exemptions.—This part may not be construed to prevent or restrict the practice, service, or activities of: (1) Any person licensed in this state by any other law from engaging in the profession or occupation for which he or she is licensed. (2) Any legally qualified person in the state or another state or territory who is employed […]