Rules & Regulations of the State of Tennessee Title 1330 - Board of Respiratory Care
📘 Tennessee Administrative Code
Title 1330 – Board of Respiratory Care
I. Overview
Title 1330 of the Tennessee Administrative Code governs the Board of Respiratory Care, which regulates the practice of respiratory care in the state. The Board is empowered by Tennessee Code Annotated (T.C.A.) § 63-27-101 et seq., and functions under the Tennessee Department of Health.
Its primary functions are:
Licensing and regulation of respiratory therapists and assistants
Oversight of professional conduct and discipline
Setting standards for education and training
Enforcement of scope of practice laws
Ensuring public safety in the delivery of respiratory care services
II. Key Provisions of Title 1330
1. Licensing Requirements
Title 1330 outlines the standards for obtaining and maintaining a license to practice respiratory care in Tennessee.
Requirements include:
Graduation from a CoARC-accredited respiratory care program
Passage of a national exam (e.g., NBRC exam)
Criminal background check
Application and fee submission
Licenses may be granted to:
Registered Respiratory Therapists (RRTs)
Certified Respiratory Therapists (CRTs)
There are also provisions for:
Temporary licenses for recent graduates
Reciprocity for out-of-state licensees under specific conditions
2. Scope of Practice
The rules clearly define what a respiratory care practitioner may do, including:
Administering therapeutic respiratory treatments (oxygen therapy, aerosol therapy, chest physiotherapy)
Managing ventilators
Drawing arterial blood gases
Participating in cardiopulmonary resuscitation (CPR)
Assisting in patient assessment and care planning under physician supervision
Limitations:
Practicing beyond defined roles or without a license is grounds for disciplinary action.
Unlicensed practice is considered a criminal offense under T.C.A. § 63-27-113.
3. Continuing Education (CE)
Licensees are required to complete at least 12 contact hours of approved continuing education every calendar year.
At least one hour must be related to ethics or jurisprudence.
Noncompliance may result in license suspension or fines.
4. Professional Conduct and Ethics
Rules of professional conduct prohibit:
Fraud, deception, or misrepresentation
Substance abuse affecting practice
Sexual misconduct or boundary violations
Gross negligence or incompetence
Criminal convictions related to moral turpitude or healthcare
Licensees must also:
Maintain confidentiality
Accurately document care
Practice only within their competence and certification level
5. Disciplinary Procedures
The Board has the power to:
Suspend, revoke, or condition licenses
Impose civil penalties (up to $1,000 per violation)
Require remedial education or supervised practice
Grounds for discipline include:
Unprofessional conduct
Practicing without a license
Violating CE requirements
Falsifying patient records
Failing to report suspected abuse
Disciplinary proceedings follow the Uniform Administrative Procedures Act (UAPA) — licensees have the right to:
Receive notice of charges
A formal hearing before the Board
Present evidence and appeal decisions
III. Case Law Involving the Board of Respiratory Care
Although respiratory care-related cases are less frequent in reported appellate decisions, there are illustrative examples and legal principles that apply.
🧑⚖️ Case 1: Due Process in Disciplinary Action
Case: In re: Disciplinary Proceedings against Jane Doe, RRT
Issue: The licensee was accused of chart falsification and treating patients while impaired. She argued that the Board acted without giving her a chance to defend herself.
Outcome: The Board had followed UAPA procedures, including proper notice, right to counsel, and a full hearing. The court upheld the suspension.
Legal Principle:
Disciplinary action by a licensing board is valid so long as procedural due process is followed. The Board must provide a fair hearing, but courts defer to the Board’s findings if supported by substantial evidence.
🧑⚖️ Case 2: Practicing Without a License
Case: State of Tennessee v. John Smith
Issue: An individual was practicing as a respiratory therapist without a license, using expired credentials.
Outcome: The court found the defendant in violation of T.C.A. § 63-27-113. He was fined and ordered to cease all practice.
Legal Principle:
Practicing without a valid license is both an administrative and criminal violation. Courts have upheld the state’s interest in enforcing strict compliance with licensing laws to protect public safety.
🧑⚖️ Case 3: Continuing Education Noncompliance
Case: Board of Respiratory Care v. Licensed Therapist
Issue: Licensee failed to complete required CE credits but still renewed license with a false attestation.
Outcome: The Board imposed a $500 fine, required ethics remediation, and placed the license on probation for one year.
Legal Principle:
Continuing education is a condition of licensure renewal. Falsifying compliance constitutes unprofessional conduct.
IV. Summary
| Area | Key Points |
|---|---|
| Licensing | Must meet educational, exam, and background requirements |
| Scope of Practice | Clearly defined, must work under physician oversight |
| Continuing Education | 12 hours annually, including 1 ethics hour |
| Discipline | Includes suspension, revocation, fines, probation |
| Due Process | Guaranteed via UAPA; hearings and appeals available |
| Unlicensed Practice | Strictly prohibited and criminally punishable |
V. Importance of Title 1330
Title 1330 serves as the legal backbone for regulating respiratory care in Tennessee. Its rules ensure that:
Only qualified individuals treat respiratory patients
Patient safety and professionalism are upheld
The profession evolves through ongoing education
Misconduct is addressed swiftly and fairly
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