Section 6.   Med 20.03 (1) (d) is amended to read:
  Med 20.03 (1) (d) Written verification that Evidence the applicant has passed the national board for respiratory care certification examination examinations required in under s. Med 20.04 (1).
Section 7.   Med 20.03 (1) (e) and (f) (intro.) are repealed.
Section 8.   Med 20.03 (1) (f) 1. is renumbered Med 20.03 (1) (f) and amended to read:
  Med 20.03 (1) (f) Satisfactory evidence that Evidence the applicant is a graduate of a school with a course of instruction in respiratory care approved by the commission Commission on accreditation Accreditation of allied health education programs for Respiratory Care of the American medical association.
Section 9.   Med 20.03 (1) (f) 2. and 3. and (2) are repealed.
Section 10.   Med 20.03 (3) and (Note) are amended to read:
  Med 20.03 (3)An application for certification is not complete until the board has received both the completed application form and written verification of a passing grade directly from the national board for respiratory care National Board for Respiratory Care.
  (Note) Application forms are available on request to the board office, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708 from the department of safety and professional services at (608) 266-2112 or from the department’s website at http://dsps.wi.gov.
Section 11.   Med 20.04 (1) and (2) are amended to read:
  Med 20.04 (1)An applicant for certification as a respiratory care practitioner shall pass the national board for respiratory care CRTT examination TMC. The passing score for the TMC is 88 on the 2-digit scale.
  (2)An applicant for certification as a respiratory care practitioner shall pass a state board statutes and rules examination conducted by the council as evidenced by documents submitted directly to the council by the department's office of examinations. The passing score for the examination under this subsection is 85 percent.
Section 12.   Med 20.04 (3) is renumbered Med 20.04 (4m) and amended to read:
  Med 20.04 (4m)The board designates the council as its agent for conducting oral examinations. At the request of the council, the board shall provide a medical consultant to the council to provide assistance assist in evaluating applicants examined under sub. (4) (a) and (b). The passing score for an oral examination is 90 percent.
Section 13.   Med 20.04 (4) (e) and (f) are amended to read:
  Med 20.04 (4) (e) Has not practiced respiratory care for more than 1,200 hours or less during the last 3 years.
  (f) Has practiced respiratory care over 1,200 hours in the last 3 years, but practice was limited.
Section 14.   Med 20.04 (4) (L) is created to read:
  Med 20.04 (4) (L) Has violated s. Med 20.06 (5m).
Section 15.   Med 20.04 (6), (7), and (8) are amended to read:
  Med 20.04 (6)Where both written and oral examinations are required, they shall be scored separately and the applicant shall achieve a passing grade score on all examinations to qualify for a certificate.
  (7)An applicant who fails to receive a passing score on an examination under sub. (2) or (4) may reapply by payment of the fee specified in s. 440.05, Stats. If an applicant fails an the examination under sub. (2) 3 times, the applicant may not retake that state board the examination unless the applicant submits proof evidence of having completed further professional training or education as the board may prescribe. An applicant for an oral examination may reapply for an oral examination twice at not less than 4-month intervals.
  (8)If after receipt of additional information from applicants who have been treated for alcohol or drug abuse or impairment or from applicants who have been treated for an acute or chronic psychological impairment the council decides that an oral examination shall be administered, the An oral examination concerning the circumstances described in sub. (4) (a) or (b) shall be limited to a determination whether, at the time of application, the applicant's disability appears to pose an actual risk to the health, safety, or welfare of patient or public arising arises from the applicant's demonstrated inability to safely carry out necessary duties and responsibilities inherent to the practice of respiratory care.
Section 16.   Med 20.05 is repealed.
Section 17.   Med 20.055 (1) (a), (c), and (Note) are amended to read:
  Med 20.055 (1) (a) A completed application on a form provided by the board.
  (c) Written verification that Evidence the applicant has passed the national board for respiratory care certified therapy technician examination TMC.
  (Note) Application forms are available from the Department department of Safety safety and Professional Services, Division of Professional Credential Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin, 53708, professional services at (608) 266-2112 or from the department's website at http://dsps.wi.gov.  
Section 18.   Med 20.06 (1) to (5) are amended to read:
  Med 20.06 (1)An applicant who fails the oral or statutes and rules examination may request a review of that examination by filing a written request and required fee with the board within 30 days of the date on which examination results were mailed received by the applicant.
  (2)Examination reviews are shall be by appointment only.
  (3)An applicant may not review the statutes and rules examination for not more than one hour.
  (4)An applicant may not review the oral examination for not more than 2 hours.
  (5)An applicant shall review an examination in the presence of a board-assigned proctor. The applicant No other person may not be accompanied accompany an applicant during the a review by any person other than the proctor.
Section 19.   Med 20.06 (5m) is created to read:
  Med 20.06 (5m) (a) An applicant may not use any device capable of recording audio, photographic, or video content, or capable of viewing or playing back such content, during a review. A violation of this subsection shall void the applicant’s application and require the applicant to reapply for licensure.
  (b) A violation of this subsection constitutes knowingly engaging in fraud, misrepresentation, or dishonesty in applying for or procuring a license.
Section 20.   Med 20.06 (6) is renumbered Med 20.06 (6) (intro.) and amended to read:
  Med 20.06 (6) (intro.)At the beginning of the a review, the applicant proctor shall be provided provide the applicant with a copy of the questions, a copy of the applicant's answer sheet or oral tape and a copy of the master answer sheet. all of the following:
Section 21.   Med 20.06 (6) (a) to (d) are created to read:
  Med 20.06 (6) (a) A copy of the examination questions.
  (b) A copy of or, if the applicant is reviewing an oral examination, audio recording of the applicant’s answers to the examination questions.
  (c) If an applicant is reviewing the statutes and rules examination, a copy of the master answer sheet.
  (d) A form on which the applicant may write comments, questions, or claims of error regarding the examination.
Section 22.   Med 20.06 (7) and (8) are amended to read:
  Med 20.06 (7)The applicant may review the examination in the presence of a proctor. The applicant shall be provided with a form on which to write comments, questions or claims of error regarding any item in the examination. Bound An applicant may consult bound reference books shall be permitted materials during a review. Applicants shall not remove any notes from the area. Notes The form under sub. (6) (d) and any other notes taken by an applicant during a review shall be retained by the proctor and, if requested by an applicant, made available to the applicant for use at a hearing, if desired. The A proctor shall may not defend the examination nor or attempt to refute claims of error during the a review.
  (8)An applicant may not review the an examination more than once.
Section 23.   Med 20.07 (2) is amended to read:
  Med 20.07 (2)The board shall review the claim, make a determination of the validity of the objections, and notify the applicant in writing of the board's decision and any resulting grade changes to the applicant’s exam score.
Section 24.   Med 20.07 (Note) is repealed.
Section 25. Effective date. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.
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