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State Legislative Update: Tobacco Taxes, Smoking Limitations, and Healthcare Personnel Shortages

This state legislative update covers the latest changes in tobacco taxes, smoking limitations, healthcare coverage, and licensing regulations for respiratory therapists. It also discusses challenges to RT practice acts and the impact on other healthcare professions, such as EMS and polysomnography. Additionally, it emphasizes the importance of RTs in pandemic flu preparations and the need for continued involvement and vigilance.

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State Legislative Update: Tobacco Taxes, Smoking Limitations, and Healthcare Personnel Shortages

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  1. State Legislative/Regulatory Update

  2. Legislation on: • raising tobacco taxes • redistributing Tobacco Settlement $ • limiting smoking in public places • expand smoking cessation coverage • change Medicaid DME coverage, some limit, some require, some reduce payment

  3. Study health care personnel shortages, usually includes RTs • Prohibits Alcohol Vaporizing Devices • Asthma management; some coverage • Health care facilities must report facility acquired infections: always include ventilator associated pneumonia

  4. STATE RT LICENSURE • Licensure • 48 states, DC & PR with state regulation, all but MN are full licensure laws. • Alaska and Hawaii no state regulation

  5. Some states have bills affecting all licensed professions, which includes RTs • disciplinary criteria • bill on student loan default and license renewal • Good Sam laws, protect from liability • Active duty military have longer to renew license

  6. RT Specific Legislation • CT- CEs added • KY-Licensure renewal times • UT-RT licensure is mandatory

  7. RT Licensure Regulations • Most changes are done via regs • All depends on amount of authority given in the law to the RT Boards/Cmtes./Councils • Recent changes • Fees- TX, AZ, IA, MO,VA • Renewal times-FL • Disciplinary Criteria –CA, FL • Continuing Ed issues- FL • Retired Status- FL

  8. Challenges to RT Practice ActOther Occupations: • EMS (paramedics & EMTS) • DOT curricula “out of hospital” • Staff shortages leads to state regs or legislative changes • Some states permit EMS in ED • Now states moving towards anywhere in the hospital Ex.: Nebraska and Iowa

  9. Polysomnography • Challenge to RT profession across the country • Efforts to create complete exemption for individuals who are not formally educated nor competency tested to perform RT services (polysom technician and trainees) • Successful in Illinois and Vermont • Limited Exemption in UT

  10. Other track: polysom licensure • Problem how do you license a cohort of individuals who are OJTs? • With no outside verifiable ed or testing standards, responsibility falls to newly created Polsyomnography Licensure Boards • Therefore can be anything Bd. wants it to be

  11. Polysom licensure is successful in • LA (RTs exempted) • NJ (RTS NOT exempted-may have to obtain Polysom license) • ND licensed under the RT Board License only RPSGTs • 2006 polysom licensure efforts underway in: • MD, NY

  12. Pandemic Flu Preparations • Feds are worried, billions being spent to prepare. • $ to states • Much concern if there are adequate numbers of ventilators • RTs should be part of state or hospital planning. You will be on the front lines

  13. Must stay involved, vigilant • Look for opportunities and challenges

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