CHAPTER 43-42RESPIRATORY CARE PRACTITIONERS43-42-01. Definitions. In this chapter, unless the context otherwise requires:1."Board" means the state board of respiratory care.2."Bona fide respiratory care training program" means a program of respiratory care<br>education which is accredited by the commission on accreditation of allied health<br>educational programs, or the commission's successor organization.3."Certification examination" means the entry level examination for respiratory<br>therapists administered by the national board for respiratory care.4."Certified respiratory therapist" means a person licensed by the board to practice<br>respiratory care under the direction or supervision of a physician or registered<br>respiratory therapist.5."National board for respiratory care" means the body issuing credentials for the<br>respiratory care profession, or the board's successor organization.6."Polysomnography" means the practice of attending, monitoring, and recording<br>physiologic data during sleep for the purpose of identifying and assisting in the<br>treatment of sleep-wake disorders.7."Registered polysomnographic technologist" means an individual licensed by the<br>board to practice polysomnography under supervision as prescribed by the board by<br>rule.8."Registered respiratory therapist" means a person licensed by the board to practice<br>respiratory care.9."Registry examination" means the advanced level examination for respiratory<br>therapists administered by the national board for respiratory care.10."Respiratory care" means the health specialty involving the treatment, management,<br>control, and care of patients with deficiencies and abnormalities of the<br>cardiorespiratory systems.Respiratory care is implemented on an order from alicensed physician, and includes the use of medical gases, air and oxygen<br>administering apparatuses, environmental control systems, humidification and<br>aerosols, drugs and medications, apparatuses for cardiorespiratory support and<br>control, postural drainage, chest percussion and vibration and breathing exercises,<br>pulmonaryrehabilitation,assistancewithcardiopulmonaryresuscitation,maintenance of natural and artificial airways, and insertion of artificial airways. The<br>term also includes testing techniques to assist in diagnosis, monitoring, treatment,<br>and research, including the measurement of cardiorespiratory volumes, pressures<br>and flows, and the drawing and analyzing of samples of arterial, capillary, and<br>venous blood.11."Respiratory therapist" means a certified respiratory therapist or a registered<br>respiratory therapist.12."Respiratory therapy" means respiratory care.13."Temporary respiratory therapist" means any individual who has successfully<br>completed a bona fide respiratory care training program and is licensed by the board<br>to practice respiratory care under the supervision or direction of either a physician,<br>certified respiratory therapist, or registered respiratory therapist.Page No. 143-42-02. State board of respiratory care.1.The state board of respiratory care is responsible for the enforcement and<br>administration of this chapter and for the adoption of any rules necessary to govern<br>the practice of respiratory care in this state.2.The board consists of seven members appointed by the governor. Four members<br>must be respiratory therapists, chosen from a list of eight respiratory therapists<br>supplied to the governor by the North Dakota society for respiratory care.Onemember must be a physician chosen from a list of two physicians supplied to the<br>governor by the North Dakota medical association. The governor shall appoint one<br>member to be a representative of the general public.One member must be aregistered polysomnographic technologist chosen from a list of candidates<br>recommendedtothegovernorbytheassociationofpolysomnographictechnologists.Members are appointed for terms of three years. Each memberholds office until the member's successor is duly appointed and qualified. A vacancy<br>in the office of any member may be filled for the unexpired term only. No member<br>may serve more than two successive complete terms.3.The board shall annually select a chairman from among its members. The board<br>shall meet at least twice each year and also shall meet upon the call of the<br>chairman.43-42-03.Respiratory therapist and polysomnographic technologist licensing -Fees.1.The board shall license as a registered respiratory therapist any applicant whom the<br>board determines to be qualified to perform the duties of a registered respiratory<br>therapist. In making this determination, the board shall require evidence that the<br>applicant has successfully completed a bona fide respiratory care training program<br>and has passed the registry examination.The board shall establish fees not inexcess of one hundred dollars for the issuance and renewal of a registered<br>respiratory therapist license.2.The board shall license as a certified respiratory therapist any applicant whom the<br>board determines to be qualified to perform the duties of a certified respiratory<br>therapist. In making this determination, the board shall require evidence that the<br>applicant has successfully completed a bona fide respiratory care training program<br>and has passed the certification examination. The board shall establish fees not in<br>excess of seventy dollars for the issuance and renewal of a certified respiratory<br>therapist license.3.The board shall license as a temporary respiratory therapist any applicant whom the<br>board determines to be qualified to perform duties as a temporary respiratory<br>therapist. In making this determination, the board shall require evidence that the<br>applicant has successfully completed a bona fide respiratory care training program.<br>The board shall establish fees not in excess of seventy dollars for the issuance of a<br>temporary respiratory therapist license.4.The board shall license as a registered polysomnographic technologist any applicant<br>whom the board determines to be qualified to perform the duties of a registered<br>polysomnographic technologist.In making this determination, the board shallrequire evidence that the applicant has complied with the rules adopted by the board<br>under section 43-42-04.1. The board shall establish fees not in excess of seventy<br>dollars for issuance and for renewal of a registered polysomnographic technologist<br>license.Page No. 25.The board may assess a late fee not in excess of twenty-five dollars for all license<br>renewal applications that are postmarked after December thirty-first of the year prior<br>to the year of renewal.6.The board shall refuse to license any applicant or shall suspend or revoke any<br>license after proper notice and a hearing, if the applicant:a.Is not qualified or competent to perform the duties of a registered respiratory<br>therapist, a certified respiratory therapist, a temporary respiratory therapist, or a<br>registered polysomnographic technologist.b.Has attempted to obtain or has obtained licensure under this chapter by fraud<br>or material misrepresentation.c.Has been found by the board to have been grossly negligent as a registered<br>respiratory therapist, certified respiratory therapist, temporary respiratory<br>therapist, or registered polysomnographic technologist.d.Has engaged in conduct as a registered respiratory therapist, certified<br>respiratorytherapist,temporaryrespiratorytherapist,orregisteredpolysomnographictechnologistwhichisunethical,unprofessional,ordetrimental to the health of the public.e.Has failed to demonstrate satisfactory completion of such continuing courses of<br>study in respiratory care as the board may require.f.Has been convicted or adjudged guilty of an offense, as defined by section<br>12.1-01-04, determined by the board to have a direct bearing upon that<br>individual's ability to practice respiratory care and is not sufficiently rehabilitated<br>as determined by the board in accordance with section 12.1-33-02.1.g.Is habitually drunk or is addicted to the use of a controlled substance as defined<br>in chapter 19-03.1.h.Has been declared mentally incompetent by a court of competent jurisdiction,<br>and who has not thereafter been lawfully declared competent.7.The board may impose a fee on any person subject to regulation under this chapter<br>to reimburse the board for all or part of the costs of administrative actions resulting in<br>disciplinary action, which are not reversed on appeal, including the amount paid by<br>the board for services from the office of administrative hearings, attorney's fees,<br>court costs, witness fees, staff time, and other expenses.8.Licenses issued under this chapter expire annually, but may be renewed upon<br>application to the board and payment of the annual renewal fee established by the<br>board. Licenses which have expired, been suspended, or been revoked may be<br>renewed or reissued upon satisfaction of any conditions that may be established by<br>the board, and after payment of a fee established by the board. Temporary licenses<br>may not be renewed.9.The board shall require as a condition of renewal and relicensure that the applicant<br>demonstrate satisfactory completion of continuing courses of study in respiratory<br>care.43-42-04.Respiratory care practice.The practice of respiratory care may beperformed in hospitals, as ambulatory or in-home care, and in other settings where respiratory<br>care is provided in accordance with a prescription of a licensed physician. In addition, respiratory<br>care may be provided during the transportation of a patient, and under any circumstances in<br>which an epidemic or public disaster necessitates respiratory care. A person may not practice,Page No. 3nor represent that the person is able to practice, as a registered respiratory therapist without<br>being licensed as a registered respiratory therapist, or as a certified respiratory therapist without<br>being licensed as a certified respiratory therapist, in accordance with this chapter.43-42-04.1. Polysomnography practice.1.After December 31, 2005, a person may not practice, nor represent that the person<br>is able to practice, polysomnography unless licensed under this chapter as a<br>registeredpolysomnographictechnologist.Aregisteredpolysomnographictechnologist may not practice respiratory care except as may be authorized by rules<br>adopted by the board.A registered polysomnographic technologist is limited inpractice to polysomnography within the scope of practice and limitations as provided<br>by rules adopted by the board.2.The board shall adopt rules regulating registered polysomnographic technologists<br>and establishing the scope of practice of a registered polysomnographic<br>technologist. The rules may include requirements for examination requirements for<br>licensure, education requirements for licensure, continuing courses of study in<br>polysomnography, and student practice.3.This section does not prohibit a respiratory therapist from practicing respiratory care.43-42-05. Application of chapter.1.This chapter does not prohibit a person enrolled in a bona fide respiratory care<br>training program from performing those duties essential for completion of a student's<br>clinical service; provided, that the duties are performed under the supervision or<br>direction of a physician or registered respiratory therapist and the person is identified<br>as a "student respiratory therapist".2.A graduate of a bona fide respiratory care training program, who has applied for<br>licensure under this chapter may practice respiratory care under the supervision or<br>direction of a physician or a registered or certified respiratory therapist; provided,<br>that the graduate holds a temporary respiratory therapist's license and is identified<br>as a "graduate respiratory therapist".An applicant shall take the entry levelcertification examination within six months following eligibility. Failure to pass any<br>examination that is taken results in termination of the privileges provided under this<br>subsection.3.If examinations prepared by the national board for respiratory care are no longer<br>available or become unacceptable to the board, the board may develop, approve,<br>and use examinations for the licensure of registered respiratory therapists and<br>certified respiratory therapists.4.This chapter does not prevent a licensed and qualified member of another health<br>care profession from performing any of the duties of a registered respiratory<br>therapist or a certified respiratory therapist that are consistent with the accepted<br>standards of that person's profession, provided the person is not represented as a<br>registered respiratory therapist or certified respiratory therapist.5.This chapter does not prohibit self-care by a patient or the gratuitous care by a friend<br>or member of the family who does not represent or hold out to be a registered or<br>certified respiratory therapist.6.This chapter does not prohibit a respiratory therapist from performing advances in<br>the art or techniques of respiratory care learned through formal or specialized<br>training.Page No. 47.This chapter does not prohibit an individual licensed or registered as a respiratory<br>therapist in another state or country from providing respiratory care in an emergency<br>in this state, providing respiratory care as a member of an organ harvesting team, or<br>from providing respiratory care on board an ambulance as part of the ambulance<br>treatment team.43-42-06. Reciprocity. An applicant for licensure under this chapter may be granted alicense upon satisfactory proof to the board that the applicant is licensed to practice respiratory<br>care under the laws of another state which impose substantially the same requirements as this<br>chapter, and upon payment of the annual license fee.43-42-07. Penalty. Any person who practices polysomnography or respiratory care inviolation of this chapter is guilty of an infraction.Page No. 5Document Outlinechapter 43-42 respiratory care practitioners
CHAPTER 43-42RESPIRATORY CARE PRACTITIONERS43-42-01. Definitions. In this chapter, unless the context otherwise requires:1."Board" means the state board of respiratory care.2."Bona fide respiratory care training program" means a program of respiratory care<br>education which is accredited by the commission on accreditation of allied health<br>educational programs, or the commission's successor organization.3."Certification examination" means the entry level examination for respiratory<br>therapists administered by the national board for respiratory care.4."Certified respiratory therapist" means a person licensed by the board to practice<br>respiratory care under the direction or supervision of a physician or registered<br>respiratory therapist.5."National board for respiratory care" means the body issuing credentials for the<br>respiratory care profession, or the board's successor organization.6."Polysomnography" means the practice of attending, monitoring, and recording<br>physiologic data during sleep for the purpose of identifying and assisting in the<br>treatment of sleep-wake disorders.7."Registered polysomnographic technologist" means an individual licensed by the<br>board to practice polysomnography under supervision as prescribed by the board by<br>rule.8."Registered respiratory therapist" means a person licensed by the board to practice<br>respiratory care.9."Registry examination" means the advanced level examination for respiratory<br>therapists administered by the national board for respiratory care.10."Respiratory care" means the health specialty involving the treatment, management,<br>control, and care of patients with deficiencies and abnormalities of the<br>cardiorespiratory systems.Respiratory care is implemented on an order from alicensed physician, and includes the use of medical gases, air and oxygen<br>administering apparatuses, environmental control systems, humidification and<br>aerosols, drugs and medications, apparatuses for cardiorespiratory support and<br>control, postural drainage, chest percussion and vibration and breathing exercises,<br>pulmonaryrehabilitation,assistancewithcardiopulmonaryresuscitation,maintenance of natural and artificial airways, and insertion of artificial airways. The<br>term also includes testing techniques to assist in diagnosis, monitoring, treatment,<br>and research, including the measurement of cardiorespiratory volumes, pressures<br>and flows, and the drawing and analyzing of samples of arterial, capillary, and<br>venous blood.11."Respiratory therapist" means a certified respiratory therapist or a registered<br>respiratory therapist.12."Respiratory therapy" means respiratory care.13."Temporary respiratory therapist" means any individual who has successfully<br>completed a bona fide respiratory care training program and is licensed by the board<br>to practice respiratory care under the supervision or direction of either a physician,<br>certified respiratory therapist, or registered respiratory therapist.Page No. 143-42-02. State board of respiratory care.1.The state board of respiratory care is responsible for the enforcement and<br>administration of this chapter and for the adoption of any rules necessary to govern<br>the practice of respiratory care in this state.2.The board consists of seven members appointed by the governor. Four members<br>must be respiratory therapists, chosen from a list of eight respiratory therapists<br>supplied to the governor by the North Dakota society for respiratory care.Onemember must be a physician chosen from a list of two physicians supplied to the<br>governor by the North Dakota medical association. The governor shall appoint one<br>member to be a representative of the general public.One member must be aregistered polysomnographic technologist chosen from a list of candidates<br>recommendedtothegovernorbytheassociationofpolysomnographictechnologists.Members are appointed for terms of three years. Each memberholds office until the member's successor is duly appointed and qualified. A vacancy<br>in the office of any member may be filled for the unexpired term only. No member<br>may serve more than two successive complete terms.3.The board shall annually select a chairman from among its members. The board<br>shall meet at least twice each year and also shall meet upon the call of the<br>chairman.43-42-03.Respiratory therapist and polysomnographic technologist licensing -Fees.1.The board shall license as a registered respiratory therapist any applicant whom the<br>board determines to be qualified to perform the duties of a registered respiratory<br>therapist. In making this determination, the board shall require evidence that the<br>applicant has successfully completed a bona fide respiratory care training program<br>and has passed the registry examination.The board shall establish fees not inexcess of one hundred dollars for the issuance and renewal of a registered<br>respiratory therapist license.2.The board shall license as a certified respiratory therapist any applicant whom the<br>board determines to be qualified to perform the duties of a certified respiratory<br>therapist. In making this determination, the board shall require evidence that the<br>applicant has successfully completed a bona fide respiratory care training program<br>and has passed the certification examination. The board shall establish fees not in<br>excess of seventy dollars for the issuance and renewal of a certified respiratory<br>therapist license.3.The board shall license as a temporary respiratory therapist any applicant whom the<br>board determines to be qualified to perform duties as a temporary respiratory<br>therapist. In making this determination, the board shall require evidence that the<br>applicant has successfully completed a bona fide respiratory care training program.<br>The board shall establish fees not in excess of seventy dollars for the issuance of a<br>temporary respiratory therapist license.4.The board shall license as a registered polysomnographic technologist any applicant<br>whom the board determines to be qualified to perform the duties of a registered<br>polysomnographic technologist.In making this determination, the board shallrequire evidence that the applicant has complied with the rules adopted by the board<br>under section 43-42-04.1. The board shall establish fees not in excess of seventy<br>dollars for issuance and for renewal of a registered polysomnographic technologist<br>license.Page No. 25.The board may assess a late fee not in excess of twenty-five dollars for all license<br>renewal applications that are postmarked after December thirty-first of the year prior<br>to the year of renewal.6.The board shall refuse to license any applicant or shall suspend or revoke any<br>license after proper notice and a hearing, if the applicant:a.Is not qualified or competent to perform the duties of a registered respiratory<br>therapist, a certified respiratory therapist, a temporary respiratory therapist, or a<br>registered polysomnographic technologist.b.Has attempted to obtain or has obtained licensure under this chapter by fraud<br>or material misrepresentation.c.Has been found by the board to have been grossly negligent as a registered<br>respiratory therapist, certified respiratory therapist, temporary respiratory<br>therapist, or registered polysomnographic technologist.d.Has engaged in conduct as a registered respiratory therapist, certified<br>respiratorytherapist,temporaryrespiratorytherapist,orregisteredpolysomnographictechnologistwhichisunethical,unprofessional,ordetrimental to the health of the public.e.Has failed to demonstrate satisfactory completion of such continuing courses of<br>study in respiratory care as the board may require.f.Has been convicted or adjudged guilty of an offense, as defined by section<br>12.1-01-04, determined by the board to have a direct bearing upon that<br>individual's ability to practice respiratory care and is not sufficiently rehabilitated<br>as determined by the board in accordance with section 12.1-33-02.1.g.Is habitually drunk or is addicted to the use of a controlled substance as defined<br>in chapter 19-03.1.h.Has been declared mentally incompetent by a court of competent jurisdiction,<br>and who has not thereafter been lawfully declared competent.7.The board may impose a fee on any person subject to regulation under this chapter<br>to reimburse the board for all or part of the costs of administrative actions resulting in<br>disciplinary action, which are not reversed on appeal, including the amount paid by<br>the board for services from the office of administrative hearings, attorney's fees,<br>court costs, witness fees, staff time, and other expenses.8.Licenses issued under this chapter expire annually, but may be renewed upon<br>application to the board and payment of the annual renewal fee established by the<br>board. Licenses which have expired, been suspended, or been revoked may be<br>renewed or reissued upon satisfaction of any conditions that may be established by<br>the board, and after payment of a fee established by the board. Temporary licenses<br>may not be renewed.9.The board shall require as a condition of renewal and relicensure that the applicant<br>demonstrate satisfactory completion of continuing courses of study in respiratory<br>care.43-42-04.Respiratory care practice.The practice of respiratory care may beperformed in hospitals, as ambulatory or in-home care, and in other settings where respiratory<br>care is provided in accordance with a prescription of a licensed physician. In addition, respiratory<br>care may be provided during the transportation of a patient, and under any circumstances in<br>which an epidemic or public disaster necessitates respiratory care. A person may not practice,Page No. 3nor represent that the person is able to practice, as a registered respiratory therapist without<br>being licensed as a registered respiratory therapist, or as a certified respiratory therapist without<br>being licensed as a certified respiratory therapist, in accordance with this chapter.43-42-04.1. Polysomnography practice.1.After December 31, 2005, a person may not practice, nor represent that the person<br>is able to practice, polysomnography unless licensed under this chapter as a<br>registeredpolysomnographictechnologist.Aregisteredpolysomnographictechnologist may not practice respiratory care except as may be authorized by rules<br>adopted by the board.A registered polysomnographic technologist is limited inpractice to polysomnography within the scope of practice and limitations as provided<br>by rules adopted by the board.2.The board shall adopt rules regulating registered polysomnographic technologists<br>and establishing the scope of practice of a registered polysomnographic<br>technologist. The rules may include requirements for examination requirements for<br>licensure, education requirements for licensure, continuing courses of study in<br>polysomnography, and student practice.3.This section does not prohibit a respiratory therapist from practicing respiratory care.43-42-05. Application of chapter.1.This chapter does not prohibit a person enrolled in a bona fide respiratory care<br>training program from performing those duties essential for completion of a student's<br>clinical service; provided, that the duties are performed under the supervision or<br>direction of a physician or registered respiratory therapist and the person is identified<br>as a "student respiratory therapist".2.A graduate of a bona fide respiratory care training program, who has applied for<br>licensure under this chapter may practice respiratory care under the supervision or<br>direction of a physician or a registered or certified respiratory therapist; provided,<br>that the graduate holds a temporary respiratory therapist's license and is identified<br>as a "graduate respiratory therapist".An applicant shall take the entry levelcertification examination within six months following eligibility. Failure to pass any<br>examination that is taken results in termination of the privileges provided under this<br>subsection.3.If examinations prepared by the national board for respiratory care are no longer<br>available or become unacceptable to the board, the board may develop, approve,<br>and use examinations for the licensure of registered respiratory therapists and<br>certified respiratory therapists.4.This chapter does not prevent a licensed and qualified member of another health<br>care profession from performing any of the duties of a registered respiratory<br>therapist or a certified respiratory therapist that are consistent with the accepted<br>standards of that person's profession, provided the person is not represented as a<br>registered respiratory therapist or certified respiratory therapist.5.This chapter does not prohibit self-care by a patient or the gratuitous care by a friend<br>or member of the family who does not represent or hold out to be a registered or<br>certified respiratory therapist.6.This chapter does not prohibit a respiratory therapist from performing advances in<br>the art or techniques of respiratory care learned through formal or specialized<br>training.Page No. 47.This chapter does not prohibit an individual licensed or registered as a respiratory<br>therapist in another state or country from providing respiratory care in an emergency<br>in this state, providing respiratory care as a member of an organ harvesting team, or<br>from providing respiratory care on board an ambulance as part of the ambulance<br>treatment team.43-42-06. Reciprocity. An applicant for licensure under this chapter may be granted alicense upon satisfactory proof to the board that the applicant is licensed to practice respiratory<br>care under the laws of another state which impose substantially the same requirements as this<br>chapter, and upon payment of the annual license fee.43-42-07. Penalty. Any person who practices polysomnography or respiratory care inviolation of this chapter is guilty of an infraction.Page No. 5Document Outlinechapter 43-42 respiratory care practitioners
CHAPTER 43-42RESPIRATORY CARE PRACTITIONERS43-42-01. Definitions. In this chapter, unless the context otherwise requires:1."Board" means the state board of respiratory care.2."Bona fide respiratory care training program" means a program of respiratory care<br>education which is accredited by the commission on accreditation of allied health<br>educational programs, or the commission's successor organization.3."Certification examination" means the entry level examination for respiratory<br>therapists administered by the national board for respiratory care.4."Certified respiratory therapist" means a person licensed by the board to practice<br>respiratory care under the direction or supervision of a physician or registered<br>respiratory therapist.5."National board for respiratory care" means the body issuing credentials for the<br>respiratory care profession, or the board's successor organization.6."Polysomnography" means the practice of attending, monitoring, and recording<br>physiologic data during sleep for the purpose of identifying and assisting in the<br>treatment of sleep-wake disorders.7."Registered polysomnographic technologist" means an individual licensed by the<br>board to practice polysomnography under supervision as prescribed by the board by<br>rule.8."Registered respiratory therapist" means a person licensed by the board to practice<br>respiratory care.9."Registry examination" means the advanced level examination for respiratory<br>therapists administered by the national board for respiratory care.10."Respiratory care" means the health specialty involving the treatment, management,<br>control, and care of patients with deficiencies and abnormalities of the<br>cardiorespiratory systems.Respiratory care is implemented on an order from alicensed physician, and includes the use of medical gases, air and oxygen<br>administering apparatuses, environmental control systems, humidification and<br>aerosols, drugs and medications, apparatuses for cardiorespiratory support and<br>control, postural drainage, chest percussion and vibration and breathing exercises,<br>pulmonaryrehabilitation,assistancewithcardiopulmonaryresuscitation,maintenance of natural and artificial airways, and insertion of artificial airways. The<br>term also includes testing techniques to assist in diagnosis, monitoring, treatment,<br>and research, including the measurement of cardiorespiratory volumes, pressures<br>and flows, and the drawing and analyzing of samples of arterial, capillary, and<br>venous blood.11."Respiratory therapist" means a certified respiratory therapist or a registered<br>respiratory therapist.12."Respiratory therapy" means respiratory care.13."Temporary respiratory therapist" means any individual who has successfully<br>completed a bona fide respiratory care training program and is licensed by the board<br>to practice respiratory care under the supervision or direction of either a physician,<br>certified respiratory therapist, or registered respiratory therapist.Page No. 143-42-02. State board of respiratory care.1.The state board of respiratory care is responsible for the enforcement and<br>administration of this chapter and for the adoption of any rules necessary to govern<br>the practice of respiratory care in this state.2.The board consists of seven members appointed by the governor. Four members<br>must be respiratory therapists, chosen from a list of eight respiratory therapists<br>supplied to the governor by the North Dakota society for respiratory care.Onemember must be a physician chosen from a list of two physicians supplied to the<br>governor by the North Dakota medical association. The governor shall appoint one<br>member to be a representative of the general public.One member must be aregistered polysomnographic technologist chosen from a list of candidates<br>recommendedtothegovernorbytheassociationofpolysomnographictechnologists.Members are appointed for terms of three years. Each memberholds office until the member's successor is duly appointed and qualified. A vacancy<br>in the office of any member may be filled for the unexpired term only. No member<br>may serve more than two successive complete terms.3.The board shall annually select a chairman from among its members. The board<br>shall meet at least twice each year and also shall meet upon the call of the<br>chairman.43-42-03.Respiratory therapist and polysomnographic technologist licensing -Fees.1.The board shall license as a registered respiratory therapist any applicant whom the<br>board determines to be qualified to perform the duties of a registered respiratory<br>therapist. In making this determination, the board shall require evidence that the<br>applicant has successfully completed a bona fide respiratory care training program<br>and has passed the registry examination.The board shall establish fees not inexcess of one hundred dollars for the issuance and renewal of a registered<br>respiratory therapist license.2.The board shall license as a certified respiratory therapist any applicant whom the<br>board determines to be qualified to perform the duties of a certified respiratory<br>therapist. In making this determination, the board shall require evidence that the<br>applicant has successfully completed a bona fide respiratory care training program<br>and has passed the certification examination. The board shall establish fees not in<br>excess of seventy dollars for the issuance and renewal of a certified respiratory<br>therapist license.3.The board shall license as a temporary respiratory therapist any applicant whom the<br>board determines to be qualified to perform duties as a temporary respiratory<br>therapist. In making this determination, the board shall require evidence that the<br>applicant has successfully completed a bona fide respiratory care training program.<br>The board shall establish fees not in excess of seventy dollars for the issuance of a<br>temporary respiratory therapist license.4.The board shall license as a registered polysomnographic technologist any applicant<br>whom the board determines to be qualified to perform the duties of a registered<br>polysomnographic technologist.In making this determination, the board shallrequire evidence that the applicant has complied with the rules adopted by the board<br>under section 43-42-04.1. The board shall establish fees not in excess of seventy<br>dollars for issuance and for renewal of a registered polysomnographic technologist<br>license.Page No. 25.The board may assess a late fee not in excess of twenty-five dollars for all license<br>renewal applications that are postmarked after December thirty-first of the year prior<br>to the year of renewal.6.The board shall refuse to license any applicant or shall suspend or revoke any<br>license after proper notice and a hearing, if the applicant:a.Is not qualified or competent to perform the duties of a registered respiratory<br>therapist, a certified respiratory therapist, a temporary respiratory therapist, or a<br>registered polysomnographic technologist.b.Has attempted to obtain or has obtained licensure under this chapter by fraud<br>or material misrepresentation.c.Has been found by the board to have been grossly negligent as a registered<br>respiratory therapist, certified respiratory therapist, temporary respiratory<br>therapist, or registered polysomnographic technologist.d.Has engaged in conduct as a registered respiratory therapist, certified<br>respiratorytherapist,temporaryrespiratorytherapist,orregisteredpolysomnographictechnologistwhichisunethical,unprofessional,ordetrimental to the health of the public.e.Has failed to demonstrate satisfactory completion of such continuing courses of<br>study in respiratory care as the board may require.f.Has been convicted or adjudged guilty of an offense, as defined by section<br>12.1-01-04, determined by the board to have a direct bearing upon that<br>individual's ability to practice respiratory care and is not sufficiently rehabilitated<br>as determined by the board in accordance with section 12.1-33-02.1.g.Is habitually drunk or is addicted to the use of a controlled substance as defined<br>in chapter 19-03.1.h.Has been declared mentally incompetent by a court of competent jurisdiction,<br>and who has not thereafter been lawfully declared competent.7.The board may impose a fee on any person subject to regulation under this chapter<br>to reimburse the board for all or part of the costs of administrative actions resulting in<br>disciplinary action, which are not reversed on appeal, including the amount paid by<br>the board for services from the office of administrative hearings, attorney's fees,<br>court costs, witness fees, staff time, and other expenses.8.Licenses issued under this chapter expire annually, but may be renewed upon<br>application to the board and payment of the annual renewal fee established by the<br>board. Licenses which have expired, been suspended, or been revoked may be<br>renewed or reissued upon satisfaction of any conditions that may be established by<br>the board, and after payment of a fee established by the board. Temporary licenses<br>may not be renewed.9.The board shall require as a condition of renewal and relicensure that the applicant<br>demonstrate satisfactory completion of continuing courses of study in respiratory<br>care.43-42-04.Respiratory care practice.The practice of respiratory care may beperformed in hospitals, as ambulatory or in-home care, and in other settings where respiratory<br>care is provided in accordance with a prescription of a licensed physician. In addition, respiratory<br>care may be provided during the transportation of a patient, and under any circumstances in<br>which an epidemic or public disaster necessitates respiratory care. A person may not practice,Page No. 3nor represent that the person is able to practice, as a registered respiratory therapist without<br>being licensed as a registered respiratory therapist, or as a certified respiratory therapist without<br>being licensed as a certified respiratory therapist, in accordance with this chapter.43-42-04.1. Polysomnography practice.1.After December 31, 2005, a person may not practice, nor represent that the person<br>is able to practice, polysomnography unless licensed under this chapter as a<br>registeredpolysomnographictechnologist.Aregisteredpolysomnographictechnologist may not practice respiratory care except as may be authorized by rules<br>adopted by the board.A registered polysomnographic technologist is limited inpractice to polysomnography within the scope of practice and limitations as provided<br>by rules adopted by the board.2.The board shall adopt rules regulating registered polysomnographic technologists<br>and establishing the scope of practice of a registered polysomnographic<br>technologist. The rules may include requirements for examination requirements for<br>licensure, education requirements for licensure, continuing courses of study in<br>polysomnography, and student practice.3.This section does not prohibit a respiratory therapist from practicing respiratory care.43-42-05. Application of chapter.1.This chapter does not prohibit a person enrolled in a bona fide respiratory care<br>training program from performing those duties essential for completion of a student's<br>clinical service; provided, that the duties are performed under the supervision or<br>direction of a physician or registered respiratory therapist and the person is identified<br>as a "student respiratory therapist".2.A graduate of a bona fide respiratory care training program, who has applied for<br>licensure under this chapter may practice respiratory care under the supervision or<br>direction of a physician or a registered or certified respiratory therapist; provided,<br>that the graduate holds a temporary respiratory therapist's license and is identified<br>as a "graduate respiratory therapist".An applicant shall take the entry levelcertification examination within six months following eligibility. Failure to pass any<br>examination that is taken results in termination of the privileges provided under this<br>subsection.3.If examinations prepared by the national board for respiratory care are no longer<br>available or become unacceptable to the board, the board may develop, approve,<br>and use examinations for the licensure of registered respiratory therapists and<br>certified respiratory therapists.4.This chapter does not prevent a licensed and qualified member of another health<br>care profession from performing any of the duties of a registered respiratory<br>therapist or a certified respiratory therapist that are consistent with the accepted<br>standards of that person's profession, provided the person is not represented as a<br>registered respiratory therapist or certified respiratory therapist.5.This chapter does not prohibit self-care by a patient or the gratuitous care by a friend<br>or member of the family who does not represent or hold out to be a registered or<br>certified respiratory therapist.6.This chapter does not prohibit a respiratory therapist from performing advances in<br>the art or techniques of respiratory care learned through formal or specialized<br>training.Page No. 47.This chapter does not prohibit an individual licensed or registered as a respiratory<br>therapist in another state or country from providing respiratory care in an emergency<br>in this state, providing respiratory care as a member of an organ harvesting team, or<br>from providing respiratory care on board an ambulance as part of the ambulance<br>treatment team.43-42-06. Reciprocity. An applicant for licensure under this chapter may be granted alicense upon satisfactory proof to the board that the applicant is licensed to practice respiratory<br>care under the laws of another state which impose substantially the same requirements as this<br>chapter, and upon payment of the annual license fee.43-42-07. Penalty. Any person who practices polysomnography or respiratory care inviolation of this chapter is guilty of an infraction.Page No. 5Document Outlinechapter 43-42 respiratory care practitioners
