Professional Licensure
For more than 25 years, the AARC and its state affiliates have worked to enact state licensure laws regulating the practice of respiratory therapy in order to protect the public. The AARC developed a Model Practice Act to help guide state affiliates in developing these laws. In addition, a study was undertaken to explore what impact, if any, state regulation has on respiratory therapy salaries and vacancy rates.
AARC Model Practice Act
AARC’s Model Practice Act outlines provisions common in licensure laws including scope of practice, establishment of a state regulatory board, requirements for licensure, reciprocity, exemptions from licensure, disciplinary criteria, and offenses, among others. The AARC’s model is non-exclusive in that it does not prohibit the practice of respiratory therapy by other individuals determined to be competent. The AARC advocates the use of its model to uniformly regulate the practice of respiratory therapy across the states.
Defining Licensure, Certification, and Registration
AARC classifies these laws according to the definitions of licensure, certification, and registration developed by the Council on Licensure, Enforcement and Registration (CLEAR). CLEAR’s web site is www.clearhq.org
- Licensure: The most restrictive form of professional and occupational regulation. Often referred to as right-to-practice. Under licensure laws, it is illegal for a person to practice a profession without first meeting state or provincial standards.
- Certification: Under certification, the state grants title protection (right-to-title) to persons meeting predetermined standards. Those without certification may perform the duties of the occupation, but may not use the title.
- Registration: The least restrictive form of regulation. Usually takes the form of requiring individuals to file their names, addresses and qualifications with a government agency before practicing the occupation. This may include posting a bond or filing a fee.
A Matrix of State Licensure Information
Published each year inAARC Times, this matrix provides the contact, address, and telephone and fax numbers for the state boards for respiratory therapy. Also, this matrix includes the number of licensees in each state, the license renewal period, required number of continuing education hours, and fees. The AARC is beginning to add web sites for the state boards to this matrix.
State Policies on the Role of Home Medical Equipment Delivery Personnel under Respiratory Care Licensure Laws & Regulations
States with Respiratory Therapy Laws
Currently, 38 states, the District of Columbia and Puerto Rico have licensure laws, three states have certification laws, one state has a registration law, and eight states do not have laws regulating respiratory therapy.
State Respiratory Therapy Laws and Regulations (20 States)
Study on The Effect of State Regulation of Respiratory Therapy Practitioners on Salaries and Vacancy Rates
Researchers at the University of Alabama at Birmingham discovered that while there was a positive association between state regulation and the salaries of respiratory therapy department workers, it was small in relation to the effects of other factors such as credentials, education, and region of the country. In addition, this study found no consistent association between state regulation and vacancy rates in respiratory therapy.