Oklahoma § 59-2042 - Practice of respiratory care without license prohibited Exceptions - Practices of other health care personnel not to be

§ 59-2042. Practice of respiratory care without license prohibited Exceptions - Practices of other health care personnel not to be

limited - Performance of specific functions qualified by examination

not prohibited.

A. No person shall practice respiratory care or represent

themselves to be a respiratory care practitioner unless licensed

under the Respiratory Care Practice Act, except as otherwise

provided by the Respiratory Care Practice Act.

B. The Respiratory Care Practice Act does not prohibit:

1. The practice of respiratory care which is an integral part

of the program of study by students enrolled in a respiratory care

education program recognized by the State Board of Medical Licensure

and Supervision. Students enrolled in respiratory therapy education

programs shall be identified as "student - RCP" and shall only

provide respiratory care under clinical supervision;

2. Self-care by a patient, or gratuitous care by a friend or

family member who does not represent or hold out to be a respiratory

care practitioner;

3. Monitoring, installation or delivery of medical devices,

gases and equipment and the maintenance thereof by a nonlicensed

person for the express purpose of self-care by a patient or

gratuitous care by a friend or family member;

4. Respiratory care services rendered in the course of an

emergency;

5. Persons in the military services or working in federal

facilities from rendering respiratory care services when functioning

in the course of their assigned duties;

6. The respiratory care practitioner from performing advances

in the art and techniques of respiratory care learned through

formalized or specialized training; and

7. For purposes of continuing education, consulting, or

training, any person performing respiratory care in the state, if

these services are performed for no more than thirty (30) days in a

calendar year in association with a respiratory care practitioner

licensed pursuant to the Respiratory Care Practice Act or in

association with a licensed physician or surgeon, if:

a.

the person is licensed as a respiratory care

practitioner or the equivalent, as determined by the

Oklahoma Statutes - Title 59. Professions and Occupations

State Board of Medical Licensure and Supervision, in

good standing in another state or the District of

Columbia, or

b.

the person holds a professional respiratory care

credential as conferred by the National Board for

Respiratory Care or its successor or equivalent

accrediting agency as identified by the Respiratory

Care Advisory Committee and approved by the State

Board of Medical Licensure and Supervision.

C. Nothing in the Respiratory Care Practice Act shall limit,

preclude, or otherwise interfere with the lawful practices of

persons working under the supervision of the responsible physician.

In addition, nothing in the Respiratory Care Practice Act shall

interfere with the practices of health care personnel who are

formally trained and licensed by appropriate agencies of this state.

D. An individual who, by passing an examination which includes

content in one or more of the functions included in the Respiratory

Care Practice Act, and who has passed an examination that meets the

standards of the National Commission for Health Certifying Agencies

(NCHCA) or an equivalent organization, shall not be prohibited from

performing the procedures for which they were tested. An individual

who has demonstrated competency in one or more areas covered by the

Respiratory Care Practice Act may perform only those functions for

which the individual is qualified by examination to perform. The

standards of the National Commission for Health Certifying Agencies

shall serve to evaluate those examinations and examining

organizations.

E. Practitioners regulated under the Respiratory Care Practice

Act shall be covered under the "Good Samaritan Act", Section 5 et

seq. of Title 76 of the Oklahoma Statutes.

Added by Laws 1995, c. 171, § 17, eff. Nov. 1, 1995. Amended by

Laws 2013, c. 72, § 5, eff. November 1, 2013.