Occupational Board Reform Act

General Information

Committee of Jurisdiction:Health and Human Services
Occupation Regulated:Respiratory Care Practitioner
Occupational Board:Board of Respiratory Care
Contact:Nicole Barrett
Purpose:Licensure of respiratory care practitioners is designed to protect the public health, safety, and welfare by providing the requirements for licensure as a respiratory care practitioner, continuing education and disciplinary standards for this profession, and standards for safe practice of the profession.
Regulated Professionals:1425
Year Created:1986
Year Active:1986
Sunset Date:N/A

Authorization

Statutory Authorization:Board §§ 38-167 & 38-3203; Respiratory Care Practitioner §§ 38-3209 & 38-121
Parent Agency:Department of Health and Human Services

Membership

Number of Members:4
Who Appoints:State Board of Health
Legislative Approval:No
Qualifications of Members:Two respiratory care practitioners, one physician, and one public member
Per Diem:Yes
Expense Reimbursement:Yes
Term Length:5 years, up to 2 consecutive 5-year terms
Terms Rotate or Expire at Once:Terms Rotate

Meetings

Required FY 2024-2023:1
Held FY 2024-2023:4
Required FY 2023-2022:1
Held FY 2023-2022:3
Required FY 2022-2021:1
Held FY 2022-2021:3
Required FY 2021-2020:1
Held FY 2021-2020:3
Required FY 2020-2019:1
Held FY 2020-2019:2

Operations

Support Staff:6
Shared or Separate:Shared
FY 2024-2023 Budget:0
FY 2023-2022 Budget:0
FY 2022-2021 Budget:0
FY 2021-2020 Budget:0
FY 2020-2019 Budget:0
Other Funding Sources:None
Spending Authority:Licensure fees are deposited into the designated cash fund. Additional info sent to the Committee.

Other

Government Certificates Issued:595
Issued Certificate Descriptions:Licenses as a respiratory care practitioner have been issued by examination, or reciprocity.
Government Certificates Revoked:2
Revoked Certificate Descriptions:Revocation for unprofessional conduct (Practicing while impaired), failure to report convictions, and failure to file mandated reports.
Government Certificates Denied:37
Denied Certificate Descriptions:Application file closed without issuance of a license due to applicant not completing the application.
Government Certificates Penalties Against:11
Penalty Certificate Descriptions:Censure, Civil Penalty, Probation, Revocation, Suspension
Explanation of Effectiveness:https://nebraskalegislature.gov/pdf/SurveyDocs/explanation1731526805.pdf
Potential HarmRespiratory care practitioners possess the knowledge and skills to administer appropriate respiratory care to patients of all ages and needs, as well as being a resource to health care professionals relating to technical aspects of respiratory care. Potential harm would occur to the public if this occupation is no longer regulated. There would be no process to prohibit unqualified individuals from practicing respiratory care. Without a licensing process, members of the public receiving respiratory care may receive substandard care, putting them at risk for further health complications, serious injury, or death. There would also be no universal process to determine whether individuals met the minimum standards to operate as a respiratory care practitioner.
Regulation Comparison:https://nebraskalegislature.gov/pdf/SurveyDocs/comparison1731526805.pdf
Subject to Regulations of Act(LB407):Yes
Survey Submitted: November 13, 2024 01:40 PM