State Codes and Statutes

Statutes > Utah > Title-58 > Chapter-57 > 58-57-2

58-57-2. Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Board" means the Respiratory Care Licensing Board created in Section 58-57-3.
(2) "Health care facility" means any facility or institution in which health care servicesare performed or furnished and includes a hospital, clinic, or emergency care center.
(3) "Practice of respiratory care":
(a) means the treatment, operation of equipment, management, diagnostic testing, andcare of any human disease, deficiency, pain, injury, or other physical condition associated withthe cardiopulmonary system under the qualified medical direction or supervision of a practitionerwho has training and knowledge in the diagnosis, treatment, and assessment of respiratoryproblems;
(b) includes:
(i) accepting and carrying out a practitioner's written, verbal, or telephonic prescriptionor order specifically relating to respiratory care in a hospital or other health care setting andincludes consultation with licensed nurses, as appropriate;
(ii) administering respiratory care during transportation of a patient and under othercircumstances where an emergency requires immediate respiratory care;
(iii) serving as a resource to other health care professionals and hospital administrators inrelation to the technical aspects of, and the safe and effective methods for, administeringrespiratory care;
(iv) functioning in situations of patient contact requiring individual judgment inadministering respiratory care under the general supervision of a qualified practitioner; and
(v) supervising, directing, or teaching personnel in the performance of respiratory caremodalities as part of a respiratory care education program; and
(c) does not include a person who delivers, installs, or maintains respiratory relateddurable medical equipment and who gives instructions regarding the use of that equipment aslong as that person does not perform clinical evaluation or treatment of the patient.
(4) "Practitioner" means an individual currently licensed, registered, or otherwiseauthorized by the appropriate jurisdiction to prescribe and administer drugs and order respiratorycare in the course of professional practice.
(5) "Respiratory care practitioner" means any person licensed to practice respiratory careunder this chapter.
(6) "Respiratory related durable medical equipment" means:
(a) medical grade oxygen;
(b) equipment and supplies related to medical gases;
(c) apnea monitors;
(d) oximeters;
(e) noninvasive positive pressure generators, except those with back-up respiratory rateor when used invasively;
(f) bilirubin lights;
(g) suctioning equipment;
(h) large volume nebulizers with compressors, except when used invasively inconjunction with an artificial airway;
(i) medication nebulizers;
(j) enteral nutrition equipment; and

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(k) other respiratory related equipment intended for use in the home as defined by thedivision by rule.
(7) "Unlawful conduct" is defined in Sections 58-1-501 and 58-57-14.
(8) "Unprofessional conduct" as defined in Section 58-1-501 and as may be furtherdefined by rule includes:
(a) acting contrary to the instructions of the practitioner responsible for supervising thelicensee;
(b) knowingly operating any respiratory care equipment that is unsafe or not incompliance with standards of condition or operation consistent with the patient's safety;
(c) permitting any person to operate respiratory care equipment who is not competent ornot allowed to operate the equipment;
(d) revealing to any unauthorized person confidential or privileged information about apatient;
(e) using any controlled substance, unless the controlled substance is prescribed by apractitioner and used in accordance with the practitioner's instructions; and
(f) making any statement that is incorrect due to negligence, willfulness, or intent toprovide false information or entry on any patient record or other record that is used for paymentof respiratory care services.

Amended by Chapter 106, 2006 General Session