T54CH43

Title 54 > T54CH43

Sections (14)

54-4301

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 43 RESPIRATORY CARE PRACTICE ACT 54-4301. SHORT TITLE. This act shall be known and may be cited as the Respiratory Care Practice Act. History: [54-4301, added 2021, ch. 21, sec. 2, p. 54.]

54-4302

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 43 RESPIRATORY CARE PRACTICE ACT 54-4302. LEGISLATIVE INTENT. To promote the highest degree of professional conduct on the part of persons providing respiratory care to the public and to assure the availability of respiratory care services of high quality to persons in need of such services, it is the intent of the legislature to provide for the licensure and regulation of persons offering respiratory care services to the public. History: [54-4302, added 2021, ch. 21, sec. 2, p. 55.]

54-4303

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 43 RESPIRATORY CARE PRACTICE ACT 54-4303. DEFINITIONS. As used in this chapter: (1) Allied health advisory board means the Idaho allied health advisory board established pursuant to chapter 1, title 54 , Idaho Code. (2) Board means the state board of medicine. (3) Certified respiratory therapist or CRT means the professional designation earned by a person who has successfully completed the entry level examination required by the board. (4) Polysomnographic technician means a person who holds a permit and meets requirements as set forth in section 54-4307 , Idaho Code. (5) Polysomnographic technologist means a person who holds a permit and meets requirements as set forth in section 54-4307 , Idaho Code. (6) Polysomnography means the process of analysis, attended monitoring, and recording of physiologic data during sleep and wakefulness to assist in the assessment and diagnosis of sleep/wake disorders and other disorders, syndromes, and dysfunctions that are sleep-related, manifest during sleep, or disrupt normal sleep/wake cycles and activities. (7) Polysomnography-related respiratory care services means the limited practice of respiratory care in the provision of polysomnography services. (8) Practice of respiratory care means the provision of cardiopulmonary care services as directed by a qualified health care practitioner licensed in the state, including but not limited to the diagnostic and therapeutic use of the following: (a) Except for the purpose of anesthesia, administration of medical gases, aerosols, and humidification; (b) Environmental control mechanisms and hyperbaric therapy; (c) Pharmacologic agents related to respiratory care procedures; (d) Mechanical or physiological ventilatory support; (e) Bronchopulmonary hygiene; (f) Cardiopulmonary resuscitation; (g) Maintenance of artificial airways; (h) Specific diagnostic and testing techniques employed in the medical management of patients to assist in diagnosis, monitoring, treatment, and research of pulmonary abnormalities, including measurement of ventilatory volumes, pressures, and flows, collection of specimens of blood and blood gases, expired and inspired gas samples, respiratory secretions, and pulmonary functioning testing; (i) Hemodynamic and other related physiologic measurements of the cardiopulmonary system; (j) Accepting and carrying out a practitioner’s written, verbal, or telephonic prescription or order specifically relating to respiratory care in a hospital or other health care setting; and (k) Functioning in situations of patient contact requiring individual judgment in administering respiratory care under the general supervision of a qualified practitioner. (9) Registered respiratory therapist or RRT means the professional designation earned by a person who has successfully completed the written registry and clinical simulation examinations administered by the national board for respiratory care. (10) Respirator

54-4305

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 43 RESPIRATORY CARE PRACTICE ACT 54-4305. FEES. In accordance with section 54-103 , Idaho Code, all fees received under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund. All costs and expenses incurred by the board or the allied health advisory board under the provisions of this chapter shall be a charge against and paid from said fund for such purposes, and the moneys collected pursuant to this section shall be immediately available for the administration of this chapter. History: [54-4305, added 2024, ch. 61, sec. 27, p. 301.]

54-4306

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 43 RESPIRATORY CARE PRACTICE ACT 54-4306. LICENSE OR PERMIT REQUIRED — provisional license or permit. (1) Except as otherwise provided in this chapter, it shall be unlawful for any person to practice or offer to practice respiratory care or polysomnography-related respiratory care or for a person or entity to represent a person to be a respiratory care or polysomnography-related respiratory care practitioner unless such person is licensed or holds a valid permit under the provisions of this chapter or is exempt from the requirements of this chapter. (2) The board may issue provisional licenses or permits to graduates of approved respiratory care or polysomnography-related respiratory care education programs seeking to qualify for licensure pursuant to this chapter. Provisional licenses and permits shall be issued upon such terms and conditions as the board may determine necessary to ensure safe and qualified performance of respiratory care or polysomnography-related respiratory care functions. The issuance of a provisional license or permit shall be as set forth in this chapter and pursuant to board rule. History: [54-4306, added 2021, ch. 21, sec. 2, p. 57.]

54-4307

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 43 RESPIRATORY CARE PRACTICE ACT 54-4307. POLYSOMNOGRAPHY-RELATED RESPIRATORY CARE. (1) Only persons who are licensed as respiratory care practitioners or who are exempt from licensure pursuant to section 54-4312 , Idaho Code, or who hold a permit issued by the board under the provisions of this chapter may provide polysomnography-related respiratory care services. (2) An applicant for a permit to provide polysomnography-related respiratory care services must: (a) Submit an application to the board on forms prescribed by the board and pay the permit fee required under this chapter; (b) Not have been convicted of an offense or disciplined by a licensing body in a manner that bears, in the judgment of the board, a demonstrable relationship to the provision of polysomnography-related respiratory care services; (c) Be a high school graduate or have passed a general educational development (GED) examination and earned a GED certificate; and (d) Be currently certified in cardiopulmonary resuscitation. (3) A polysomnographic technologist applicant must have successfully completed the certification examination approved by the board. (4) A polysomnographic technician applicant must have successfully completed a polysomnography program of not less than one (1) year duration, associated with a nationally accredited educational facility. History: [54-4307, added 2021, ch. 21, sec. 2, p. 57.]

54-4308

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 43 RESPIRATORY CARE PRACTICE ACT 54-4308. REQUIREMENTS FOR LICENSURE. (1) A person who meets the requirements for licensure under the provisions of this section and who is not exempt from the requirements of this chapter pursuant to section 54-4312 , Idaho Code, shall apply to the allied health advisory board for the issuance of a license. The completed application shall be on a form provided by the board. (2) The board shall issue a license to an applicant if the applicant makes a satisfactory showing to the allied health advisory board that he has: (a) Not been convicted of a crime deemed relevant in accordance with section 67-9411 (1), Idaho Code; (b) Not been subjected to disciplinary action in any state or territory of the United States or in any foreign country arising from a showing of gross negligence or intentional misconduct directly related to the provision of respiratory care; and (c) Successfully received respiratory care credentialing by a board-approved national accrediting organization. History: [54-4308, added 2021, ch. 21, sec. 2, p. 57; am. 2024, ch. 61, sec. 28, p. 301.]

54-4309

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 43 RESPIRATORY CARE PRACTICE ACT 54-4309. ISSUANCE OF LICENSE OR PERMIT. The board shall issue a license to any person who meets the requirements of this chapter upon payment of the prescribed fees. The board may, in its discretion, by rule or regulation, provide for the proration of fees charged in conjunction with the initial application by a person for a license if such license shall, upon issuance, remain valid for less than one (1) full calendar year before the required renewal date as provided for in section 54-4310 , Idaho Code. History: [54-4309, added 2021, ch. 21, sec. 2, p. 58.]

54-4310

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 43 RESPIRATORY CARE PRACTICE ACT 54-4310. LICENSE OR PERMIT EXPIRATION AND RENEWAL. (1) A license or permit issued under the provisions of this chapter shall be subject to renewal every two (2) years and shall expire unless renewed in the manner prescribed by the rules for licensing and permitting related to respiratory care upon payment of a renewal fee. (2) Each individual applicant for renewal of an active license shall, on or before the expiration of the license, submit satisfactory proof to the licensing board of successful completion of no fewer than twelve (12) hours of board-approved continuing education in addition to any other requirements for renewal. (3) Upon application, the board shall grant inactive status to the holder of a license who does not practice or provide respiratory care. (4) The board shall establish the following fees relating to licensing, which fees shall be established in an amount sufficient to defray all costs necessary for the administration of this chapter: (a) Initial license and examination fee; (b) Renewal of license fee; (c) Inactive license fee; and (d) Provisional license or permit fee. (5) No license that has been expired for more than twenty-four (24) months may be renewed. The applicant shall comply with the requirements of section 54-4308 , Idaho Code, for obtaining an initial license. History: [54-4310, added 2021, ch. 21, sec. 2, p. 58; am. 2024, ch. 61, sec. 29, p. 301; am. 2024, ch. 86, sec. 40, p. 414.]

54-4311

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 43 RESPIRATORY CARE PRACTICE ACT 54-4311. SUSPENSION AND REVOCATION OF LICENSE OR PERMIT — REFUSAL TO RENEW. (1) Subject to the provisions of chapter 52, title 67 , Idaho Code, the board may deny a license or permit or refuse to renew a license or permit, may suspend or revoke a license or permit, or may impose probationary conditions if the holder of a license or permit or applicant for a license or permit has been found guilty of conduct that has endangered or is likely to endanger the health, welfare, or safety of the public. Such conduct includes but is not limited to: (a) Obtaining a license or permit by means of fraud, misrepresentation, or concealment of material facts; (b) Violating any of the grounds for discipline set forth in the rules established by the board; (c) Being convicted of a crime that would have a direct and adverse bearing on the licensee’s or permit holder’s ability to practice or perform respiratory care competently; (d) The unauthorized practice of medicine; (e) Violating any provision of this chapter or any of the rules and regulations promulgated by the board under the authority of this chapter; or (f) Being found mentally incompetent by a court of competent jurisdiction or being found mentally incompetent or unfit by the board to provide respiratory care. (2) A denial, refusal to renew, suspension, revocation, or imposition of probationary conditions upon a license or permit may be ordered by the board after a hearing in the manner provided by this chapter and the rules adopted by the board. History: [54-4311, added 2021, ch. 21, sec. 2, p. 58.]

54-4312

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 43 RESPIRATORY CARE PRACTICE ACT 54-4312. EXEMPTIONS. (1) Nothing in this chapter is to be construed as preventing or restricting the performance of respiratory care or requiring licensure or a permit pursuant to this chapter: (a) Of any person authorized in this state under any other law who carries out only those professional duties and functions for which such person has been specifically trained and for which professional designations are conferred; (b) Of certified pulmonary function technologists and registered pulmonary function technologists who carry out only those professional duties and functions for which such persons have been specifically trained and for which such professional designations are conferred; (c) Of any person employed as a respiratory therapist by the government of the United States or any agency thereof if such person practices or provides respiratory care solely under the direction or control of the organization by which such person is employed; (d) Of any person actively pursuing in good faith a full-time supervised course of study leading to a degree or certificate in respiratory care in an American medical association accredited or approved educational program, or the equivalent as determined by the board, where the practice or provision of respiratory care by such person is supervised by a respiratory care practitioner or by a licensed physician; (e) Of any person performing respiratory care in the state for purposes of continuing education, consulting, or training, if these services are performed for no more than thirty (30) days in a calendar year in association with a respiratory care practitioner licensed under this chapter or in association with a licensed physician, if: (i) The person is licensed as a respiratory care practitioner or the equivalent, as determined by the board, in good standing in another state or the District of Columbia or in a territory of the United States; or (ii) The person is a certified respiratory therapist or registered respiratory therapist; or (f) Of any person who administers cardiopulmonary resuscitation in an emergency situation. (2) A person claiming an exemption under subsection (1)(c) or (1)(e) of this section shall apply for a license or a permit as provided for in this chapter in the event the facts upon which such claim for exemption is based change or cease to exist eliminating the grounds for such claim for exemption. Such application shall be filed with the board as soon as possible after the loss of the claim to exemption but no later than thirty (30) calendar days after the right to the exemption ceases. Such person may practice or perform respiratory care after the loss of such exemption and prior to application for or issuance by the board of a license or permit only under the direct supervision of a respiratory care practitioner or a licensed physician. (3) A person claiming exemption under the provisions of

54-4313

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 43 RESPIRATORY CARE PRACTICE ACT 54-4313. MISREPRESENTATION — CONSUMER PROTECTION ACT. (1) The board may bring any action in the district court for a temporary restraining order, preliminary injunction, or permanent injunction against any person who violates the provisions of this chapter, who falsely holds himself out as a respiratory care practitioner, or who practices or provides respiratory care in violation of this chapter. (2) Any person who falsely holds himself out as a respiratory care practitioner shall be guilty of using a method, act, or practice that is declared to be unlawful as provided in chapter 6, title 48 , Idaho Code. History: [54-4313, added 2021, ch. 21, sec. 2, p. 60.]

54-4314

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 43 RESPIRATORY CARE PRACTICE ACT 54-4314. PENALTIES. Any person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor. History: [54-4314, added 2021, ch. 21, sec. 2, p. 60.]

54-4315

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 43 RESPIRATORY CARE PRACTICE ACT 54-4315. SEVERABILITY. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this chapter. History: [54-4315, added 2021, ch. 21, sec. 2, p. 60.]