ADMINISTRATIVE CODE

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1456 RESPIRATORY CARE PRACTICE ACT

Section 1456.05 Application for Licensure as a Respiratory Care Practitioner Under Section 50(b) of the Act (Grandfather) (Repealed)

Section 1456.09 Requirements for Licensure Under Section 50(b) of the Act (Grandfather)

Section 1456.10 Definitions

Section 1456.20 Approved Respiratory Care Training Program

Section 1456.30 Application for Licensure on the Basis of Examination

Section 1456.40 Application for Licensure for Graduates from a Nonapproved Program

Section 1456.50 Examination

Section 1456.60 Endorsement

Section 1456.70 Renewals

Section 1456.75 Fees

Section 1456.80 Inactive Status

Section 1456.90 Restoration

Section 1456.100 Unprofessional Conduct

Section 1456.110 Continuing Education

Section 1456.120 Granting Variances

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1456 RESPIRATORY CARE PRACTICE ACT
SECTION 1456.05 APPLICATION FOR LICENSURE AS A RESPIRATORY CARE PRACTITIONER UNDER SECTION 50(B) OF THE ACT (GRANDFATHER) (REPEALED)

Section 1456.05 Application for Licensure as a Respiratory Care Practitioner Under Section 50(b) of the Act (Grandfather) (Repealed)

(Source: Repealed at 24 Ill. Reg. 606, effective December 31, 1999)

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1456 RESPIRATORY CARE PRACTICE ACT
SECTION 1456.09 REQUIREMENTS FOR LICENSURE UNDER SECTION 50(B) OF THE ACT (GRANDFATHER)

Section 1456.09 Requirements for Licensure Under Section 50(b) of the Act (Grandfather)

a) Any person seeking a license under Section 50(b) of the Respiratory Care Practice Act (the Act) shall file an application with the Division, on forms provided by the Division. The application shall be postmarked no later than December 31, 2006 and shall include the following:

1) Verification of experience as a respiratory care practitioner as defined in Section 10 of the Act for at least 3 years, with a minimum of 400 hours per year, during the 5 years preceding December 31, 2005 in all aspects of respiratory care as defined by the Act. Experience must be obtained under the supervision of a certified or licensed respiratory therapist, registered nurse or a licensed health care professional as defined by Section 50 of the Act;

2) Certification of experience, on forms provided by the Division, signed by a certified respiratory therapist, licensed registered nurse or a licensed health care professional as defined by Section 50 of the Act;

3) Certification, on forms provided by the Division, from a jurisdiction in which the applicant was originally licensed and is currently licensed, if applicable, stating:

A) The time during which the applicant was licensed in that jurisdiction, including the date of original issuance of the license; and

B) Whether the file on the applicant contains any record of disciplinary actions taken or pending;

4) The required fee set forth in Section 1456.75 of this Part.

b) When the accuracy of any submitted documentation or experience is questioned by the Division because of lack of information, discrepancies or conflicts in the information given or a need for clarification, the applicant seeking licensure shall be requested to:

1) Provide information as may be necessary; and/or

2) Appear for an interview before the Board to explain the relevance or sufficiency, clarify information, or clear up any discrepancies or conflicts in information.

(Source: Added at 30 Ill. Reg. 14455, effective August 28, 2006)

Section 1456.10 Definitions

"Act" means the Respiratory Care Practice Act.

"Board" means the Respiratory Care Board.

"Department" means the Department of Financial and Professional Regulation.

"Director" means the Director of the Division of Professional Regulation with the authority delegated by the Secretary.

"Division" means the Department of Financial and Professional Regulation-Division of Professional Regulation.

"Respiratory care practitioner" means a person who is licensed by the Division and meets all of the following criteria:

the person is engaged in the practice of cardiorespiratory care and has the knowledge and skill necessary to administer respiratory care.

the person is capable of serving as a resource to the licensed physician in relation to the technical aspects of cardiorespiratory care and the safe and effective methods for administering cardiorespiratory care modalities.

the person is able to function in situations of unsupervised patient contact requiring great individual judgment.

the person is capable of supervising, directing, or teaching less skilled personnel in the provision of respiratory care services. (Section 10 of the Respiratory Care Practice Act [225 ILCS 106/10])

"Secretary" means the Secretary of the Department of Financial and Professional Regulation.

(Source: Amended at 30 Ill. Reg. 14455, effective August 28, 2006)

Section 1456.20 Approved Respiratory Care Training Program

a) The Department shall, upon the recommendation of the Respiratory Care Board (the Board), approve a respiratory care program if it meets the criteria set forth in this Section. The institution:

1) Is regionally accredited or legally recognized and authorized by the jurisdiction in which it is located to confer the appropriate degree or certificate;

2) Has a faculty that consists of a sufficient number of full-time instructors to ensure educational obligations to the students are fulfilled. The faculty must have demonstrated competence as evidenced by appropriate degrees or experience in their areas of teaching from professional colleges or institutions;

3) Has a program director, clinical coordinator and medical director; and

4) Has 62 semester hours or the equivalent of a 12 month course of study which includes, but not limited to, all of the following curriculum/subject areas with structured laboratory and clinical experience:

A) Basic Sciences:

Biology

Cardiopulmonary anatomy and physiology

Chemistry

Human anatomy and physiology

Computer science

Mathematics

Microbiology

Pharmacology

Physics

Psychology

B) Clinical Sciences:

Cardiopulmonary diseases

General medical and surgical specialties

Pathology

Pediatrics and perinatology

C) Respiratory Care Content Areas:

Aerosol therapy

Airway management

Assessment of patients' cardiopulmonary status

Cardiopulmonary diagnostics and interpretation

Cardiopulmonary monitoring and interpretation

Cardiopulmonary rehabilitation and home care

Cardiopulmonary resuscitation

Chest physiotherapy

Ethics of respiratory care and medical care

Gas therapy

General patient care

Humidity therapy

Hyperinflation therapy

Mechanical ventilation management

Oxygen therapy

Pediatrics and perinatology

b) Individuals applying for licensure who are deficient in any of the content areas set forth in subsection (a)(4) may complete any one or all of these courses in an approved respiratory care program. The applicant will be required to submit proof to the Division that he or she has passed the a courses. Proof shall include, but not be limited to, transcript, curriculum, program materials and course materials.

c) When the accuracy of any submitted documentation or the relevance or sufficiency of the course work is questioned by the Division or the Board, the applicant will be required to provide such information as may be necessary and/or appear for an interview before the Board to explain such relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

d) In determining whether a program should be approved, the Division, upon recommendation of the Board, shall take into consideration, but not be bound by, accreditation or approval by the Committee on Accreditation for Respiratory Care Education (CoARC), or its successor organization, or accreditation by the American Medical Association Committee on Allied Health Education and Accreditation (CAHEA), or its successor, the Commission on Accreditation of Allied Health Education Programs (CAAHEP).

e) The Division, upon recommendation of the Board, has determined that all respiratory therapy programs accredited or approved by CoARC, or its successor organization, or accredited by CAHEA, or its successor CAAHEP, meet the minimum criteria set forth in this Section and are, therefore, approved.

(Source: Amended at 30 Ill. Reg. 14455, effective August 28, 2006)

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1456 RESPIRATORY CARE PRACTICE ACT
SECTION 1456.30 APPLICATION FOR LICENSURE ON THE BASIS OF EXAMINATION

Section 1456.30 Application for Licensure on the Basis of Examination

a) An applicant for a respiratory care practitioner license shall apply on forms approved by the Division. The application shall include:

1) Verification of successful completion of an approved respiratory therapy program as set forth in Section 1456.20(e) of this Part.

2) Proof of passage of the Entry Level Certified Respiratory Therapist (CRT) Examination or the Registered Respiratory Therapists (RRT) Examination (Written Registry Examination and Clinical Simulation Examination) of the National Board for Respiratory Care submitted directly from the testing entity within 5 years after making application.

3) The required fee specified in Section 1456.75 of this Part.

b) In lieu of the documents required in subsections (a)(1) and (2), an applicant may submit certification as a Certified Respiratory Therapist or as a Registered Respiratory Therapist from the National Board for Respiratory Care.

c) If the applicant has ever been licensed in another jurisdiction, he/she shall also submit a certification, on forms provided by the Division, from the jurisdiction in which the applicant was originally licensed and in which the applicant is currently licensed, stating:

1) The time during which the applicant was licensed in that jurisdiction, including the date of the original issuance of the license;

2) A description of the examination in that jurisdiction; and

3) Whether the file on the applicant contains any record of disciplinary actions taken or pending.

d) When the accuracy of any submitted documentation or experience is questioned by the Division or the Board because of lack of information, discrepancies or conflicts in information given or a need for clarification, the applicant seeking licensure shall be requested to:

1) Provide such information as may be necessary; and/or

2) Appear for an interview before the Board to explain such relevance or sufficiency, clarify information, or clear up any discrepancies or conflicts in information.

(Source: Amended at 30 Ill. Reg. 14455, effective August 28, 2006)

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1456 RESPIRATORY CARE PRACTICE ACT
SECTION 1456.40 APPLICATION FOR LICENSURE FOR GRADUATES FROM A NONAPPROVED PROGRAM

Section 1456.40 Application for Licensure for Graduates from a Nonapproved Program

a) An applicant for a respiratory care practitioner license from a nonapproved program shall apply on forms approved by the Division. The application shall include:

1) Transcripts and verification of successful completion of a respiratory therapy program which shall meet the requirements set forth in Section 1456.20 of this Part. The applicant shall be responsible for submitting the program materials for evaluation. If the documentation is insufficient to evaluate the program, the applicant will be requested to submit additional materials; and

2) The required fee specified in Section 1456.75.

b) If the applicant has ever been licensed in another jurisdiction, he/she shall also submit a certification, on forms provided by the Division, from the jurisdiction in which the applicant was originally licensed and in which the applicant is currently licensed, stating:

1) The time during which the applicant was licensed in that jurisdiction, including the date of the original issuance of the license;

2) A description of the examination in that jurisdiction; and

3) Whether the file on the applicant contains any record of disciplinary actions taken or pending.

c) Upon approval of the applicant's program by the Division, the applicant may sit for the examination set forth in Section 1456.50 of this Part.

1) Provide such information as may be necessary; and/or

2) Appear for an interview before the Board to explain such relevance or sufficiency, clarify information, or clear up any discrepancies or conflicts in information.

(Source: Amended at 30 Ill. Reg. 14455, effective August 28, 2006)

Section 1456.50 Examination

a) The examination for licensed respiratory care practitioners shall be the Certified Respiratory Therapist (CRT) of the National Board for Respiratory Care.

b) Candidates for the examination shall make application and pay the examination fee directly to the designated testing service.

c) Application to the testing services for purposes of the examination shall not constitute application to the Division for licensure.

d) In lieu of the Entry Level Certified Respiratory Therapist (CRT) Examination of the National Board for Respiratory Care, the Division will accept the Registered Respiratory Therapists (RRT) Examination (Written Registry Examination and Clinical Simulation Examination) of the National Board for Respiratory Care.

(Source: Amended at 30 Ill. Reg. 14455, effective August 28, 2006)

Section 1456.60 Endorsement

a) An applicant who is licensed/registered under the laws of another state or territory of the United States who wishes to be licensed in Illinois as a respiratory care practitioner shall file an application with the Division, on forms provided by the Division, which includes:

1) Verification of meeting education requirements as set forth in Section 1456.20 of this Part;

2) Proof of passage of the Entry Level Certified Respiratory Therapist (CRT) Examination or Registered Respiratory Therapists (RRT) Examination (Written Registry Examination and Clinical Simulation Examination) of the National Board for Respiratory Care submitted directly from the testing reporting service;

3) Certification from the jurisdiction of original licensure and the jurisdiction in which the applicant is currently licensed and practicing, if other than original, stating the time during which the applicant was licensed in that state, whether the file on the applicant contains any disciplinary actions taken or pending, and the applicant's license number; and

4) The required fee specified in Section 1456.75.

b) In lieu of the documents required in subsections (a)(1) and (2), an applicant may submit certification from the National Board for Respiratory Care.

c) The Division shall examine each endorsement application to determine whether the requirements and examination in the jurisdiction at the date of licensing were substantially equivalent to the requirements and examination of the Act or the applicant possesses individual qualifications which were substantially equivalent to the requirements of the Act.

d) The Division shall either issue a license by endorsement to the applicant or notify the applicant in writing of the reasons for the denial of the application.

(Source: Amended at 30 Ill. Reg. 14455, effective August 28, 2006)

Section 1456.70 Renewals

a) The first renewal period for licensure under the Act shall be October 31, 1999. Thereafter, every license issued under the Act shall expire on October 31 of odd numbered years. The holder of a license may renew such license during the month preceding the expiration date by paying the required fee. Beginning with the October 31, 2001 renewal and every renewal thereafter, a renewal applicant will be required to complete 24 hours of continuing education as set forth in Section 1456.110 of this Part.

b) It is the responsibility of each licensee to notify the Division of any change of address. Failure to receive a renewal form from the Division shall not constitute an excuse for failure to pay the renewal fee.

c) Practicing or offering to practice on a license that has expired shall be considered unlicensed activity and shall be grounds for discipline pursuant to Section 95 of the Act.

(Source: Amended at 30 Ill. Reg. 14455, effective August 28, 2006)

Section 1456.75 Fees

The following fees shall be paid to the Department and are not refundable:

a) Application Fees

1) The fee for application for a license as a respiratory care practitioner is $100. In addition, applicants for an examination shall be required to pay, either to the Department or to the designated testing service, a fee covering the cost of determining an applicant's eligibility and providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Division or the designated testing service, shall result in the forfeiture of the examination fee.

2) The fee for application for a continuing education sponsor is $500. (State agencies, State colleges and State universities in Illinois shall be exempt from paying this fee.)

b) Renewal Fees

1) The fee for the renewal of a license shall be calculated at the rate of $60 per year.

2) The fee for the renewal as a continuing education sponsor is $250 for the renewal period (see Section 1456.110(c)(3)).

c) General Fees

1) The fee for the restoration of a license other than from inactive status is $20 plus payment of all lapsed renewal fees, but not to exceed $300.

2) The fee for the issuance of a duplicate license, for the issuance of a replacement license for a license that has been lost or destroyed, or for the issuance of a license with a change of name or address, other than during the renewal period, is $20. No fee is required for name and address changes on Division records when no duplicate license is issued.

3) The fee for a certification of a licensee's record for any purpose is $20.

4) The fee to have the scoring of an examination authorized by the Division reviewed and verified is $20 plus any fees charged by the applicable testing service.

5) The fee for a wall certificate showing licensure shall be the actual cost of producing the certificate.

6) The fee for a roster of persons licensed as respiratory care practitioners in this State shall be the actual cost of producing the roster.

(Source: Amended at 30 Ill. Reg. 14455, effective August 28, 2006)

Section 1456.80 Inactive Status

a) Licensed respiratory care practitioners who notify the Division, on forms provided by the Division, may place their licenses on inactive status and shall be excused from paying renewal fees until they notify the Division in writing of the intention to resume active practice.

b) Any licensed respiratory care practitioner seeking restoration from inactive status shall do so in accordance with Section 1456.90 of this Part.

c) Any respiratory care practitioner whose license is on inactive status shall not use the title "licensed respiratory care practitioner" in the State of Illinois. Any person violating this subsection shall be considered to be practicing without a license and shall be subject to the disciplinary provisions of the Act.

(Source: Amended at 30 Ill. Reg. 14455, effective August 28, 2006)

Section 1456.90 Restoration

a) Any respiratory care practitioner whose license has expired or has been placed on inactive status for 5 years or less may have the license restored by paying the fees required by Section 1456.75. Individuals restoring a license after April 30, 2001 will be required to submit proof of 24 hours of continuing education as set forth in Section 1456.110 of this Part.

b) Any person seeking restoration of a license that has been expired or placed on inactive status for more than 5 years shall file an application, on forms supplied by the Division, for review by the Board, together with the fee required by Section 1456.75. Individuals restoring a license after April 30, 2001 will be required to submit proof of 24 hours of continuing education as set forth in Section 1456.110 of this Part. The applicant also shall submit:

1) Sworn evidence of active practice in another jurisdiction. Such evidence shall include a statement from an appropriate board or licensing authority in the other jurisdiction that the licensee was authorized to practice; or

2) An affidavit attesting to military service as provided in Section 65(d) of the Act; or

3) Proof of passage of a respiratory care examination set forth in Section 1456.50 of this Part during the period the registration was lapsed or on inactive status.

c) Any person seeking restoration of a license within 2 years after discharge from military service pursuant to Section 65 of the Act will be required to pay only the current renewal fee and will not be required to submit proof of meeting the continuing education requirements.

d) When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Division because of lack of information, discrepancies or conflicts in information given, or a need for clarification, the licensee seeking restoration shall be requested to:

1) Provide such information as may be necessary; and/or

2) Appear for an interview before the Board to explain such relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

e) Upon recommendation of the Board and approval by the Director, an applicant shall have the license restored or be notified in writing of the reason for denying the application.

(Source: Amended at 30 Ill. Reg. 14455, effective August 28, 2006)

Section 1456.100 Unprofessional Conduct

a) Pursuant to Section 95 of the Act, unprofessional conduct in the practice of respiratory care shall include but not be limited to:

1) Procuring, attempting to procure or renewing a license as provided by this Part by bribery, by fraudulent misrepresentation or through an error of the Board or the Division;

2) Willfully making or filing a false report or record, willfully failing to file a report or record required by State or federal law, or willfully impeding or obstructing such filing or inducing another person to do so. Such reports or records include only those reports or records which require the signature of a respiratory care practitioner licensed pursuant to this Part;

3) Circulating untruthful, fraudulent, deceptive or misleading advertising;

4) Engaging or attempting to engage in the possession, sale or distribution of controlled substances for any purpose other than a legitimate purpose;

5) Willfully failing to report any violation of this Part;

6) Willfully or repeatedly violating a lawful order of the Board or the Division previously entered in a disciplinary hearing;

7) Accepting and performing professional responsibilities which the licensee knows, or has reason to know, he/she is not competent to perform;

8) Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows, or has reason to know, that such person is not qualified by training, experience or licensure to perform them;

9) Gross or repeated malpractice or the failure to deliver respiratory care services with that level of care, skill and treatment which is recognized by a reasonably prudent respiratory care practitioner with similar professional training as being acceptable under similar conditions and circumstances;

10) Paying or receiving any commission, bonus, kickback or rebate, to or from, or engaging in any split-fee arrangement in any form whatsoever with, a person, organization or agency, either directly or indirectly, for goods or services rendered to patients referred by or to providers of health care goods and services, including, but not limited to, hospitals, nursing homes, clinical laboratories, ambulatory surgical centers or pharmacies. The provisions of this subsection shall not be construed to prevent the licensee from receiving a fee for professional consultation services;

11) Failing to document in the medical records actions taken by the licensee and justification for those actions; and

12) Performing professional services which have not been duly ordered.

b) The Division hereby incorporates by reference the "Statement of Ethics and Professional Conduct" (July 2004) of the American Association for Respiratory Care, 1720 Regal Row, Dallas, Texas 75235, with no later amendments or editions.

(Source: Amended at 30 Ill. Reg. 14455, effective August 28, 2006)

Section 1456.110 Continuing Education

a) Continuing Education Hour Requirements

1) Every renewal applicant shall complete 24 hours of Continuing Education (CE) relevant to the practice of respiratory care required during each prerenewal period. A prerenewal period is the 24 months preceding October 31 in the year of the renewal.

2) A CE hour equals 50 minutes. After completion of the initial CE hour, credit may be given in one-half hour increments.

3) Courses that are part of the curriculum of a university, college or other educational institution shall be allotted CE credit at the rate of 15 CE hours for each semester hour or 10 CE hours for each quarter hour of school credit awarded.

4) A licensee who serves as an instructor, speaker or discussion leader of a CE program will be allowed CE course credit for actual presentation time, plus actual preparation time of up to 2 hours for each hour of presentation. Preparation time shall not be allowed for presentations of the same course and will only be allowed for additional study or research. In no case shall credit for actual time of presentation and preparation be given for more than 12 hours during any renewal period.

5) A renewal applicant is not required to comply with CE requirements for the first renewal following the original issuance of the license.

6) Respiratory Care Practitioners licensed in Illinois but residing and practicing in other states must comply with the CE requirements set forth in this Section.

7) A renewal applicant shall receive 6 continuing education hours for passage of the Advanced Practitioner, Clinical Simulation or any other NBRC examination beyond entry level. CE credit will not be granted for examinations taken more than once.

b) Approved Continuing Education

1) All continuing education hours must be earned by verified attendance at or participation in a program which is offered by an approved continuing education sponsor who meets the requirements set forth in subsection (c).

2) Continuing education credit hours used to satisfy the CE requirements of another state may be submitted for approval for fulfillment of the CE requirements of the State of Illinois.

3) Credit shall not be given for courses taken in Illinois from unapproved sponsors.

c) Continuing Education Sponsors and Programs

1) Approved sponsor, as used in this Section, shall mean:

A) The American Association for Respiratory Care or its affiliates;

B) The Illinois Society for Respiratory Care or its affiliates;

C) American Medical Association or the Illinois State Medical Society or its affiliates;

D) American Hospital Association or Illinois Hospital Association or its affiliates;

E) Illinois Nurses Association or the American Nursing Association or its affiliates;

F) American Lung Association or its affiliates;

G) The American Heart Association or its affiliates; or

H) Any other person, firm, association, corporation, or group that has been approved and authorized by the Division pursuant to subsection (c)(2) of this Section upon the recommendation of the Board to coordinate and present continuing education courses or programs.

2) Entities seeking a license as a CE sponsor pursuant to subsection (c)(1)(H) shall file a sponsor application, along with the required fee set forth in Section 1456.75. (State agencies, State colleges and State universities in Illinois shall be exempt from paying this fee.) The applicant shall certify to the following:

A) That all courses and programs offered by the sponsor for CE credit will comply with the criteria in subsection (c) of this Section and all other criteria in this Section. The applicant shall be required to submit a sample 3 hour CE program with course materials, presenter qualifications and course outline for review prior to being approved as a CE sponsor;

B) That the sponsor will be responsible for verifying attendance at each course or program, and provide a certification of attendance as set forth in subsection (c)(8); and

C) That upon request by the Division, the sponsor will submit such evidence as is necessary to establish compliance with this Section. Such evidence shall be required when the Division has reason to believe that there is not full compliance with the statute and this Part and that this information is necessary to ensure compliance.

3) Each sponsor shall submit by October 31 of each odd numbered year a sponsor application along with the renewal fee set forth in Section 1456.75. With the application the sponsor shall be required to submit to the Division a list of all courses and programs offered in the prerenewal period, which includes a description, location, date and time the course was offered.

4) Each CE program shall provide a mechanism for written evaluation of the program and instructor by the participants. Such evaluation forms shall be kept for 5 years and shall be made available to the Division upon written request.

5) All courses and programs shall:

A) Contribute to the advancement, extension and enhancement of professional clinical skills and scientific knowledge in the practice of respiratory care;

B) Provide experiences which contain scientific integrity, relevant subject matter and course materials; and

C) Be developed and presented by persons with education and/or experience in the subject matter of the program.

6) All programs given by approved sponsors shall be open to all licensed respiratory care practitioners and not be limited to the members of a single organization or a group and shall specify the number of CE hours that may be applied toward Illinois CE requirements for licensure renewal.

7) Certificate of Attendance

A) It shall be the responsibility of the sponsor to provide each participant in a program with a certificate of attendance signed by the sponsor. The sponsor's certificate of attendance shall contain:

i) The name and address of the sponsor;

ii) The name and address of the participant and his/her respiratory care practitioner license number;

iii) A detailed statement of the subject matter;

iv) The number of hours actually attended in each topic;

v) The date of the program;

vi) Signature of the sponsor.

B) The sponsor shall maintain these records for not less than 5 years.

8) The sponsor shall be responsible for assuring verified continued attendance at each program. No renewal applicant shall receive credit for time not actually spent attending the program.

9) Upon the failure of a sponsor to comply with any of the foregoing requirements, the Division, after notice to the sponsor and hearing before and recommendation by the Board pursuant to the Administrative Hearing Rules (see 68 Ill. Adm. Code 1110) shall thereafter refuse to accept CE credit for attendance at or participation in any of that sponsor's CE programs until such time as the Division receives reasonably satisfactory assurances of compliance with this Section.

d) Continuing Education Earned in Other Jurisdictions

1) If a licensee has earned CE hours in another jurisdiction from a nonapproved sponsor for which he or she will be claiming credit toward full compliance in Illinois, that applicant shall submit an application along with a $20 processing fee prior to taking the program or 90 days prior to the expiration date of the license. The Board shall review and recommend approval or disapproval of this program using the criteria set forth in this Section.

2) If a licensee fails to submit an out of state CE approval form within the required time, late approval may be obtained by submitting the application with the $20 processing fee plus a $10 per hour late fee not to exceed $150. The Board shall review and recommend approval or disapproval of this program using the criteria set forth in this Section.

e) Certification of Compliance with CE Requirements

1) Each renewal applicant shall certify, on the renewal application, full compliance with CE requirements set forth in subsection (a).

2) The Division may require additional evidence demonstrating compliance with the CE requirements. It is the responsibility of each renewal applicant to retain or otherwise produce evidence of such compliance.

3) When there appears to be a lack of compliance with CE requirements, an applicant will be notified and may request an interview with the Board, at which time the Board may recommend that steps be taken to begin formal disciplinary proceedings as required by Section 10-65 of the Illinois Administrative Procedure Act [5 ILCS 100/10-65].

f) Waiver of CE Requirements

1) Any renewal applicant seeking renewal of his/her license without having fully complied with these CE requirements shall file with the Division a renewal application, the renewal fee set forth in Section 75(d) of the Act, a statement setting forth the facts concerning such non-compliance, and a request for waiver of the CE requirements on the basis of such facts. If the Division, upon the written recommendation of the Board, finds from such affidavit or any other evidence submitted that good cause has been shown for granting a waiver, the Division shall waive enforcement of such requirements for the renewal period for which the applicant has applied.

2) Good cause shall be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable prerenewal period because of:

A) Full-time service in the armed forces of the United States of America during a substantial part of such period; or

B) Extreme hardship, which shall be determined on an individual basis by the Board and shall be limited to documentation of:

i) An incapacitating illness documented by a currently licensed physician,

ii) A physical inability to travel to the sites of approved programs, or

iii) Any other similar extenuating circumstances.

3) If an interview with the Board is requested at the time the request for such waiver is filed with the Division, the renewal applicant shall be given at least 20 days written notice of the date, time and place of such interview by certified mail, return receipt requested.

4) Any renewal applicant who submits a request for waiver pursuant to subsection (f)(1) of this Section shall be deemed to be in good standing until the Division's final decision on the application has been made.

(Source: Amended at 30 Ill. Reg. 14455, effective August 28, 2006)

Section 1456.120 Granting Variances

a) The Director may grant variances from this Part in individual cases when he or she finds that:

1) The provision from which the variance is granted is not statutorily mandated;

2) No party will be injured by the granting of the variance; and

3) The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

b) The Director shall notify the Board of the granting of the variance, and the reasons for granting the variance, at the next meeting of the Board.

(Source: Amended at 30 Ill. Reg. 14455, effective August 28, 2006)