§ 43-42-05 — Application of chapter

1. This chapter does not prohibit a person enrolled in a bona fide respiratory care training
program from performing those duties essential for completion of a student's clinical
service; provided, that the duties are performed under the supervision or direction of a
physician or registered respiratory therapist and the person is identified as a "student
respiratory therapist".
2. If examinations prepared by the national board for respiratory care are no longer
available or become unacceptable to the board, the board may develop, approve, and
use examinations for the licensure of registered respiratory therapists and certified
respiratory therapists.
3. This chapter does not prevent a licensed and qualified member of another health care
profession from performing any of the duties of a registered respiratory therapist, a
certified respiratory therapist, or a registered polysomnographic technologist that are
consistent with the accepted standards of that person's profession, provided the
person is not represented as a registered respiratory therapist, certified respiratory
therapist, or registered polysomnographic technologist.

4. This chapter does not prohibit self-care by a patient or the gratuitous care by a friend
or member of the family who does not represent or hold out to be a registered or
certified respiratory therapist.
5. This chapter does not prohibit a licensee under this chapter from performing advances
in the art or techniques of the licensee's licensed profession learned through formal or
specialized training.
6. This chapter does not prohibit an individual licensed or registered as a respiratory
therapist in another state or country from providing respiratory care in an emergency in
this state, providing respiratory care as a member of an organ harvesting team, or
from providing respiratory care on board an ambulance as part of the ambulance
treatment team.