Position
Statements on the Practice of Respiratory Care
Unlike a statute
or rule, upon which the Board may rely as an independent basis
for initiating disciplinary action, a position statement does
not have the force and effect of law. Position statements are
used to state the Ohio Respiratory Care Board's policy, promote
certain minimum guidelines, and highlight safety concerns. Through
a position statement, the Board can also put the public and the
profession on notice of what it considers to be the appropriate
standard of care.
The Board cannot initiate disciplinary action solely for a licensee's
failure to comply with a stated Board position. However, the Board
does have statutory authority under Chapters 4761.09 of the Ohio
Revised Code, to pursue individual disciplinary actions and under
rule 4761-10-01 (I)(1) of the Ohio Administrative Code, the Board
can use position statement to determine adherence with acceptable
and prevailing professional standards and guidelines for the practice
of respiratory care.
