32-3521. Temporary licensure; exemptions; transactions by medical equipment dealers

A. An applicant who has filed an application for licensure may perform respiratory care services without a license if the services are performed under the direct supervision of a licensed respiratory care practitioner or a physician licensed pursuant to chapter 13 or 17 of this title from the date that he receives notice that his application is on file to the date that he receives his license. This period shall not exceed one year. During this period the board shall grant the applicant a temporary license. After that time period, the board shall review the applicant's excepted status and may renew the temporary license for an additional one hundred twenty days.

B. This chapter does not prohibit:

1. The performance of respiratory care services which are an integral part of a program of study by students enrolled in respiratory therapy training programs if the services are rendered under the supervision of a licensed respiratory care practitioner or a physician licensed pursuant to chapter 13 or 17 of this title.

2. Self-care by a patient or the gratuitous care by a friend or relative who does not purport to be a licensed respiratory care practitioner.

3. The performance of respiratory care services in case of an emergency, including an epidemic or public disaster.

4. The performance of respiratory care services by registered, certified or licensed individuals as provided pursuant to chapters 7, 8, 11, 13, 14, 15, 17, 18, 19, 21, 25, 28 and 29 of this title and title 36, chapter 21.1.

5. The performance of specific diagnostic testing techniques relating to respiratory care by a person under medical direction in a clinical laboratory that is regulated pursuant to title 36, chapter 4.1.

6. The performance of respiratory care services by a person employed as a respiratory therapist or respiratory therapy technician by the United States government or any of its agencies if that person provides respiratory therapy only under the direction or control of the federal government or an agency of the federal government.

7. Medical equipment dealers who comply with subsection C from taking a prescription for respiratory equipment, as long as that prescription is verified by a licensed respiratory therapist or respiratory therapy technician, and delivering oxygen equipment to or demonstrating the operation, safety and maintenance of oxygen equipment at a patient's home.

C. In a sale or lease of respiratory equipment by a medical equipment dealer to a patient, the terms of the sale or lease shall be in writing and signed by the parties describing the date of the sale or lease, the equipment to be sold or leased and the cost and method of payment for the equipment and shall include verification by a licensed respiratory therapist or respiratory therapy technician attesting that purchase or lease of the equipment is consistent with the prescription and the needs of the patient. The patient shall be provided a copy of all documents pertaining to the sale or lease at the time the documents are signed by the parties.

32-3521. Temporary licensure; exemptions; transactions by medical equipment dealers

A. An applicant who has filed an application for licensure may perform respiratory care services without a license if the services are performed under the direct supervision of a licensed respiratory care practitioner or a physician licensed pursuant to chapter 13 or 17 of this title from the date that he receives notice that his application is on file to the date that he receives his license. This period shall not exceed one year. During this period the board shall grant the applicant a temporary license. After that time period, the board shall review the applicant's excepted status and may renew the temporary license for an additional one hundred twenty days.

B. This chapter does not prohibit:

1. The performance of respiratory care services which are an integral part of a program of study by students enrolled in respiratory therapy training programs if the services are rendered under the supervision of a licensed respiratory care practitioner or a physician licensed pursuant to chapter 13 or 17 of this title.

2. Self-care by a patient or the gratuitous care by a friend or relative who does not purport to be a licensed respiratory care practitioner.

3. The performance of respiratory care services in case of an emergency, including an epidemic or public disaster.

4. The performance of respiratory care services by registered, certified or licensed individuals as provided pursuant to chapters 7, 8, 11, 13, 14, 15, 17, 18, 19, 21, 25, 28 and 29 of this title and title 36, chapter 21.1.

5. The performance of specific diagnostic testing techniques relating to respiratory care by a person under medical direction in a clinical laboratory that is regulated pursuant to title 36, chapter 4.1.

6. The performance of respiratory care services by a person employed as a respiratory therapist or respiratory therapy technician by the United States government or any of its agencies if that person provides respiratory therapy only under the direction or control of the federal government or an agency of the federal government.

7. Medical equipment dealers who comply with subsection C from taking a prescription for respiratory equipment, as long as that prescription is verified by a licensed respiratory therapist or respiratory therapy technician, and delivering oxygen equipment to or demonstrating the operation, safety and maintenance of oxygen equipment at a patient's home.

C. In a sale or lease of respiratory equipment by a medical equipment dealer to a patient, the terms of the sale or lease shall be in writing and signed by the parties describing the date of the sale or lease, the equipment to be sold or leased and the cost and method of payment for the equipment and shall include verification by a licensed respiratory therapist or respiratory therapy technician attesting that purchase or lease of the equipment is consistent with the prescription and the needs of the patient. The patient shall be provided a copy of all documents pertaining to the sale or lease at the time the documents are signed by the parties.