Laws, Regulations and Opinions

Below you will find the link to the Legislative Research Commission to view the Laws (KRS) and the Administrative Regulations (KAR) for the KY Respiratory Care Board.

The following links point to PDF files located within the Legislative Research Commission web site.

KRS Chapter 314A00
Statutes Last Updated June 21, 2005

• .010 Definitions for chapter.
   
• .100 Scope of practice.
   
• .105 Permitted activities.
     
• .110 Requirements for mandatory certification -- Limited mandatory certificate.
   
• .112 Requirements for limited mandatory certification. 
   
• .115 Renewal of mandatory certificate.
   
• .200 Board of Respiratory Care.
   
• .205 Powers and duties of board.
   
• .210 Review of board order.
   
• .215 Compensation of board members -- Board personnel -- Deposit of money received from fees, certificates, and charges.
    
• .220 Mandatory certificate fees -- Renewal, restoration, and reinstatement.  
   
• .225 Denial, suspension, probation, or revocation of certificate -- Grounds -- Administrative fine -- Reprimand or admonishment -- Reinstatement of certificate.
   
• .230 Duty of treating respiratory care practitioner utilizing telehealth to ensure patient's informed consent and maintain confidentiality -- Board to promulgate administrative regulations -- Definition of "telehealth".
   
• .990 Penalties.

Chapter 29 Board of Respiratory Care

• 010 Activities under limited mandatory certification 
    
• 015 Fees 
       
• 020 Code of ethics; unprofessional conduct 
   
• 030 Complaint processing procedures 
   
• 040 Posthearing procedures 
   
• 050 Continuing education requirements 
     
• 060 Continuing education requirements for persons on inactive status; waiver  
   
• 070 Scope of practice 

KBRC Opinion Statements on:

Delivery, setup, and demonstration of respiratory care equipment in the home by unlicensed/non-certified personnel. Opinion Statement on Delivery [PDF - 15KB]

Home Care - Setup for prescribed (OCD) Opinion Statement Home Care [PDF - 13.5]

Statement Regarding Hospital Verbal Orders - Dec. 16,2005 Opinion Statement Hospital Verbal Orders [PDF - 12.4]
12/19/2007 UPDATE ON VERBAL ORDERS:
To whom it may concern:

     The question has come before the Kentucky Board of Respiratory Care regarding the legality of Respiratory Therapist taking and writing a verbal order from a physician. This question has been posed to the board in the past and an opinion has been stated. Kentucky Revised Statutes 314.A100 (3) states "The respiratory care practitioner may transcribe and implement a physician's written or verbal orders pertaining to the practice of respiratory care procedures as defined in this section." Kentucky Administrative Regulations 20:016,B,5 is the copy I have received of the law to which the question has originated. As you are aware a statute of any law overrides a regulation of any other law. Therefore KRS 314.A100 will take precedent over KAR 20:016. Rest assured that Respiratory Therapists in your facility that take verbal orders are completely within the scope of the law.
If you have any further questions please feel free to contact me or you may contact the KBRC council, Cheryl Lalonde Assistant Attorney General @ cheryl.lalonde@ag.ky.gov.

Tamara G McDaniel, RRT
Kentucky Board of Respiratory Care

Statement Regarding NBRC Credentials. NBRC Credentials Statement