§ 12-300-112 — Exceptions

(1) This article 300 does not prohibit:

(a) (I) Any practice of respiratory therapy that is an integral part of a program
of study by students enrolled in an accredited respiratory therapy program.
Students enrolled in respiratory therapy education programs shall be identified as
student respiratory therapists and shall only provide respiratory therapy under
direct supervision of a respiratory therapist on the premises who is available for
prompt consultation or treatment.

(II) The practice of respiratory therapy by pulmonary function technology
students or polysomnographic technology students that is an integral part of a
program of study that leads to certification or registration for their respective
disciplines. Students enrolled in those programs shall be identified as student
pulmonary functions technologists or student polysomnographic technologists
and shall practice only under the direct supervision of a respiratory therapist or
physician or under the supervision of an individual exempted from the provisions of
this article 300 pursuant to subsection (1)(g) of this section.

(III) The practice of respiratory therapy by polysomnographic technologists
who are not registered by or do not hold credentials from a nationally recognized
organization, but those polysomnographic technologists shall only practice under
the supervision of a respiratory therapist, a physician, or an individual exempted
from this article 300 pursuant to subsection (1)(g) of this section, and those
polysomnographic technologists' scope of practice must not exceed oxygen
titration with pulse oximetry and noninvasive positive pressure ventilation titration.

(b) Self-therapy by a patient or gratuitous therapy by a friend or family
member who does not represent himself or herself to be a respiratory therapist;

(c) Any service provided during an emergency that may be included in the
definition of the practice of respiratory therapy;

(d) Respiratory therapy services rendered in the course of assigned duties of
persons serving in the military or persons working in federal facilities;

(e) Respiratory therapy services rendered in the course of assigned duties of
persons delivering oxygen supplies, including the inspection and maintenance of
associated apparatus by a person who does not represent himself or herself as a
respiratory therapist;

(f) Any person registered, certified, or licensed in this state under this title 12
from engaging in the practice for which the person is registered, certified, or
licensed;

(g) The practice of procedures that fall within the definition of respiratory
therapy by certified pulmonary function technologists, registered pulmonary
function technologists, registered polysomnographic technologists, or others who
hold credentials from a nationally recognized organization as determined by the
director; except that the scope of practice of a registered polysomnographic
technologist must not exceed oxygen titration with pulse oximetry and noninvasive
positive pressure ventilation titration;

(h) The instruction or training of persons to administer emergency oxygen
during an aquatic emergency, when the instruction or training is provided by an
individual who has been certified to conduct the instruction or training by a
nationally recognized certifying agency; or

(i) The practice by an unlicensed person of procedures that fall within the
definition of respiratory therapy but that do not require the unlicensed person to
perform an assessment, to perform an invasive procedure as defined by the
director, or to alter care beyond the scope of approved protocols, so long as the
unlicensed person is under supervision as determined appropriate by the
respiratory therapist and after the respiratory therapist has considered all of the
following:

(I) The health status and mental and physical stability of the individual
receiving care;

(II) The complexity of the procedures;

(III) The training and competence of the unlicensed person;

(IV) The proximity and availability of the respiratory therapist when the
procedures are performed;

(V) The degree of supervision required for the unlicensed person;

(VI) The length and number of times that the procedure may be performed;
and

(VII) The predictability of the outcome of the procedure.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1589, � 1, effective October 1. L. 2024: (1)(a)(III) amended, (HB 24-1253), ch. 179, p. 974, � 4, effective August 7.