Reinstatement

PURPOSE: This rule outlines the process for reinstating a lapsed license to practice as a respiratory care practitioner and complies with the provisions of House Bill 343 of the 90th General Assembly. (1) Failure of a licensee to renew a license prior to the expiration of a license will result in the lapse of a license. (2) A licensee whose license has been lapsed for fewer than thirty (30) days may obtain renewal of that license by mailing the complete renewal application pursuant to 20 CSR 2255-2.040 and proper renewal fee to the board postmarked no later than the thirtieth day of lapse. Satisfactory explanation of the lapse will be presumed. The board at its discretion may not renew the license of any licensee who is subject to disciplinary action, but the board shall advise the licensee of the statutory right to file a complaint with the Administrative Hearing Commission (AHC). (3) A licensee whose license has been lapsed for more than thirty (30) days but less than four (4) years may obtain renewal of that license by mailing the completed lapsed renewal application to the board. The lapsed renewal application shall be accompanied by the late renewal fee and the renewal fee for each year the license was lapsed in addition to the current renewal fee. In addition to verification of completion of twenty-four (24) hours of approved continuing education within the preceding two (2) years, the lapsed renewal application shall also include the following: (A) A statement that the licensee is not presently practicing as a respiratory care practitioner in Missouri; and (B) A statement indicating whether the licensee practiced as a respiratory care practitioner in Missouri while the license was lapsed and, if so, how long and where; and (C) If the licensee was practicing as a respiratory care practitioner in Missouri while the license was lapsed, s/he shall submit a notarized statement indicating that s/he has ceased working as soon as s/he realized that the license was lapsed. In addition, the licensee shall cause his/her employer to submit a statement on the employee’s letterhead stationary or a notarized statement indicating that the licensee ceased working as soon as s/he realized that the license was lapsed. (4) Failure of the licensee to renew a license for a period of more than four (4) years after the expiration of the license, shall be treated in the same manner as a person who has never been licensed and must reapply for licensure under the licensing requirements in effect at the time the person applies to resume the practice of respiratory care. In addition, the applicant shall submit evidence of completion of at least twenty-four (24) hours of approved continuing education within the preceding two (2) years. (5) The requirements of section (4) may be waived by the board if a licensee whose license has been inactive for four (4) or more years provides evidence to the board that s/he has been actively engaged in the practice of respiratory care in another state for at least two (2) consecutive years immediately prior to making application to renew in Missouri. “Actively engaged” shall mean that the applicant worked a minimum of twenty (20) hours per week in a clinical setting. If the board grants a waiver under this section, the applicant shall comply with the requirements of section (3). (6) Following review by the board, the licensee shall be informed in writing of the decision regarding the application for licensure. (7) Licensees that are approved will receive one (1) license. Duplicate licenses may be provided upon payment of the appropriate fee pursuant to rules promulgated by the board. AUTHORITY: sections 334.800, 334.840.2, 334.850, 334.910, and 334.920, RSMo 2000 and sections 334.870 and 334.880.2, RSMo Supp. 2007.* This rule originally filed as 4 CSR 255-2.060. Original rule filed June 25, 1998, effective Jan. 30, 1999. Amended: Filed Dec. 30, 1999, effective June 30, 2000. Rescinded and readopted: Filed Jan. 31, 2001, effective Aug. 30, 2001. Amended: Filed April 5, 2002, effective Nov. 30, 2002. Moved to 20 CSR 2255-2.060, effective Aug. 28, 2006. Amended: Filed June 16, 2008, effective Dec. 30, 2008. ** *Original authority: 334.800, RSMo 1996, amended 1999; 334.840, RSMo 1996; 334.850, RSMo 1996, amended 1999; 334.870, RSMo 1996, amended 2001; 334.880, RSMo 1996, amended 1999, 2001; 334.910, RSMo 1996, amended 1999; and 334.920, RSMo 1996, amended 1999. **Pursuant to Executive Order 21-07, 20 CSR 2255-2.060 was suspended from April 7, 2020 through April 12, 2021. Pursuant to Executive Order 21-09, 20 CSR 2255-2.060 was suspended from July 19, 2021 through December 31, 2021.