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[Utah Code Table of Contents]
[TITLE 58. Table of Contents]
58-57-1 Short title.
This chapter is known as the "Respiratory Care Practices
Act."
1990
58-57-2 Definitions.
In addition to the definitions in Section 58-1-102 , as used in this chapter:
(1) "Board" means the Respiratory Care Licensing Board created in Section 58-57-3 .
(2) "Health care facility" means any facility or institution in which health care services are performed or furnished and includes a hospital, clinic, or emergency care center.
(3) "Physician" means a person licensed to practice medicine under Title 58, Chapter 67, Utah Medical Practice Act.
(4) "Practice of respiratory care" means the treatment, operation of equipment, management, diagnostic testing, and care of any human disease, deficiency, pain, injury, or other physical condition associated with the cardiopulmonary system under the qualified medical direction or supervision of a physician who has training and knowledge in the diagnosis, treatment, and assessment of respiratory problems. "Practice of respiratory care" includes:
(a) accepting and carrying out a licensed physician's written, verbal, or telephonic prescription or order specifically relating to respiratory care in a hospital or other health care setting and includes consultation with licensed nurses, as appropriate;
(b) administering respiratory care during transportation of a patient and under other circumstances where an emergency requires immediate respiratory care;
(c) serving as a resource to other health care professionals and hospital administrators in relation to the technical aspects of, and the safe and effective methods for, administering respiratory care;
(d) functioning in situations of patient contact requiring individual judgment in administering respiratory care under the general supervision of a qualified physician; and
(e) supervising, directing, or teaching personnel in the performance of respiratory care modalities as part of a respiratory care education program.
(5) "Respiratory care practitioner" means any person licensed to practice respiratory care under this chapter.
(6) "Unprofessional conduct" as defined in Section 58-1-501 and as may be further defined by rule includes:
(a) acting contrary to the instructions of the physician responsible for supervising the licensee;
(b) knowingly operating any respiratory care equipment that is unsafe or not in compliance with standards of condition or operation consistent with the patient's safety;
(c) permitting any person to operate respiratory care equipment who is not competent or not allowed to operate the equipment;
(d) revealing to any unauthorized person confidential or privileged information about a patient;
(e) using any controlled substance, unless the controlled substance is prescribed by a physician and used in accordance with the physician's instructions; and
(f) making any statement that is incorrect due to negligence,
willfulness, or intent to provide false information or entry
on any patient record or other record that is used for payment
of respiratory care services.
2003
58-57-3 Board created - Membership - Duties.
(1) There is created a five-member Respiratory Care Licensing Board consisting of the following persons:
(a) one physician who is a member of either the American Society of Anesthesiologists, the American College of Chest Physicians, the American Thoracic Society, or the American Academy of Pediatrics;
(b) three licensed respiratory care practitioners who have practiced respiratory care for a period of not less than three years immediately preceding their appointment to the board; and
(c) one member from the general public.
(2) The board shall be appointed and serve in accordance with Section 58-1-201 .
(3) The duties and responsibilities of the board shall
be in accordance with Sections
58-1-202
and
58-1-203
.
1993
58-57-4 Qualifications for a license.
(1) The division shall issue a respiratory care practitioner license to an applicant who meets the requirements specified in this section.
(2) An applicant seeking licensure as a respiratory care practitioner shall:
(a) submit an application on a form prescribed by the division;
(b) pay a fee as determined by the department pursuant to Section 63-38-3.2 ;
(c) show evidence of good moral character;
(d) possess a high school education or its equivalent, as determined by the division in collaboration with the board;
(e) have completed a respiratory care practitioner educational program that is approved by the board and is accredited by the American Medical Association; and
(f) pass an examination approved by the division in collaboration with the board.
(3) An applicant who has completed a respiratory care
practitioner education program approved by the board and
accredited by the American Medical Association and who, in
the opinion of the division and board, meets the requirements
for licensure except for passing the examination, may practice
under the direct supervision of a respiratory care practitioner
with an interim permit. An interim permit is valid only until
the applicant receives notice of the results of the examination.
1994
58-57-5 Licensure by endorsement.
If an applicant has completed a respiratory care practitioner
education program that is approved by the board and accredited
by the American Medical Association, the board may recommend
that the division issue a license without examination to
any applicant currently licensed by another state as a respiratory
care practitioner or its equivalent, if the requirements
for licensing in that state are at least as stringent as
the requirements under this chapter.
1990
58-57-6 Term of license - Expiration - Renewal.
(1) Each license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule. A renewal period may be extended or shortened by as much as one year to maintain established renewal cycles or to change an established renewal cycle.
(2) Each license automatically expires on the expiration
date shown on the license unless renewed by the licensee
in accordance with Section
58-1-308
.
1993
58-57-7 Exemptions from licensure.
(1) In addition to the exemptions from licensure in Section 58-1-307 , the following persons may engage in the practice of respiratory therapy subject to the stated circumstances and limitations without being licensed under this chapter:
(a) any person who provides gratuitous care for a member of his immediate family without representing himself as a licensed respiratory care practitioner;
(b) any person who is a licensed or qualified member of another health care profession, if this practice is consistent with the accepted standards of the profession and if the person does not represent himself as a respiratory care practitioner;
(c) any person who serves in the Armed Forces of the United States or any other agency of the federal government and is engaged in the performance of his official duties; and
(d) any person who acts under a certification issued pursuant to Title 26, Chapter 8a, Utah Emergency Medical Services System Act, while providing emergency medical services.
(2) Nothing in this chapter permits a respiratory care
practitioner to engage in the unauthorized practice of other
health disciplines.
1999
58-57-8 Grounds for denial of license - Disciplinary proceedings.
Grounds for refusal to issue a license to an applicant,
for refusal to renew the license of a licensee, to revoke,
suspend, restrict, or place on probation the license of a
licensee, to issue a public or private reprimand to a licensee,
and to issue cease and desist orders shall be in accordance
with Section
58-1-401
.
1993
58-57-10 Use of title or designation.
(1) Only a respiratory care practitioner may use the following titles or designations in this state:
(a) respiratory care practitioner;
(b) respiratory care therapist; or
(c) respiratory care technician.
(2) Any person who violates this section is guilty of
a class A misdemeanor.
1990
58-57-11 Provision for current practitioners.
(1) Any person who is practicing as a respiratory care practitioner under the supervision of a qualified physician as of July 1, 1990, shall receive a temporary license which is valid until August 31, 1991, if he:
(a) submits an application on which the supervising physician certifies that the applicant is competent to practice as a respiratory care practitioner and pays the required fee; or
(b) submits evidence of having successfully completed an education program approved by the division in collaboration with the board.
(2) To obtain a permanent license, a person practicing
as a respiratory care practitioner under the supervision
of a qualified physician as of July 1, 1990, shall fulfill
the requirements of Section
58-57-4
before August 1, 1991.
1990
58-57-12 Independent practice prohibited.
A respiratory care practitioner may not:
(1) practice independently of a physician or of a health care facility while under the supervision of a physician; or
(2) charge a fee for his services independently of a physician
or health care facility.
1990
