CHAPTER 3. VIOLATIONS AND SANCTIONS

IC 25-34.5-3
    Chapter 3. Violations and Sanctions

IC 25-34.5-3-1
Representations by uncertified persons
    Sec. 1. A person may not:
        (1) practice respiratory care;
        (2) profess to be a respiratory care practitioner;
        (3) use the title "respiratory care practitioner"; or
        (4) use any initials, words, letters, abbreviations, or insigniaindicating or implying that the person is a respiratory carepractitioner licensed under this article;
unless the person is licensed under this article.
As added by P.L.242-1989, SEC.1. Amended by P.L.48-1991,SEC.69; P.L.60-2000, SEC.21.

IC 25-34.5-3-2
Criminal charges
    Sec. 2. A person who violates this chapter commits a Class Bmisdemeanor. In addition to any other penalty imposed for aviolation of this chapter, the board may, in the name of the state ofIndiana through the attorney general, petition a circuit or superiorcourt to enjoin the person who is violating this chapter frompracticing respiratory care in violation of this chapter.
As added by P.L.242-1989, SEC.1. Amended by P.L.60-2000,SEC.22.

IC 25-34.5-3-3
Practice of health care professionals not affected
    Sec. 3. This article does not prohibit a licensed, registered, orcertified health care professional from practicing within the scope ofthe health care professional's license, registration, or certification.
As added by P.L.60-2000, SEC.23.

IC 25-34.5-3-4
Examination requirement for practice by health carenonprofessional
    Sec. 4. Except as provided in IC 25-34.5-2-6.4(a), an individualwho is not licensed, registered, or certified as a health careprofessional may perform a respiratory care practice only when theindividual passes an examination covering the practice that is offeredby a testing body approved by the committee.
As added by P.L.60-2000, SEC.24.

IC 25-34.5-3-5
Conditions for operation of equipment by health carenonprofessional
    Sec. 5. An individual who is not licensed, registered, or certifiedas a health care professional may deliver, set up, calibrate, anddemonstrate the mechanical operation of respiratory care equipment

in a residential setting only when the following conditions are met:
        (1) The individual's employer documents that the individual hasobtained adequate training and demonstrated competence underthe supervision of a practitioner or other licensed, registered, orcertified health care professional.
        (2) The individual does not teach, administer, or practicerespiratory care.
        (3) The individual does not attach the respiratory careequipment to the patient or instruct the patient, the patient'sfamily, or the patient's caregiver on the equipment's clinical useas a treatment device.
        (4) All instructions to the patient, family, or caregiver regardingthe clinical use of the equipment, patient monitoring, patientassessment, or other procedures designed to evaluate theeffectiveness of the treatment are performed by a practitioner orother licensed, registered, or certified health care professional.
As added by P.L.60-2000, SEC.25.

IC 25-34.5-3-6
Performing CPR; repairing equipment
    Sec. 6. This article does not prohibit an individual who is notlicensed as a respiratory care practitioner from doing any of thefollowing:
        (1) Performing cardiopulmonary resuscitation.
        (2) Repairing equipment used in the practice of respiratory care.
As added by P.L.60-2000, SEC.26.

IC 25-34.5-3-7
Employee acting under supervision of physician not affected
    Sec. 7. This article does not affect the applicability ofIC 25-22.5-1-2(a)(19).
As added by P.L.60-2000, SEC.27.

IC 25-34.5-3-8
Laboratory tests by nonpractitioner
    Sec. 8. This article does not prohibit an individual who is not apractitioner from performing laboratory tests in a clinical laboratoryholding a federal Clinical Laboratory Improvement Act (CLIA)certificate or a CLIA certificate of accreditation if the individualsatisfies the specified federal qualification standards.
As added by P.L.60-2000, SEC.28.