State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter43

CHAPTER 43 - RESPIRATORY CARE PRACTITIONERS

 

33-43-101. Short title.

 

This act shall be known and may be cited asthe "Respiratory Care Practice Act of 2003."

 

33-43-102. Definitions.

 

(a) As used in this chapter:

 

(i) "Board" means the state board for respiratorycare;

 

(ii) "Performance of respiratory care" meansrespiratory care in accordance with the prescription or verbal order of alicensed physician or other authorized health care professional and includesthe diagnostic and therapeutic use of the following:

 

(A) Administration of aerosols, humidification and medicalgases, except for the purpose of anesthesia;

 

(B) Hyperbaric therapy;

 

(C) Pharmacologic agents related to respiratory careprocedures;

 

(D) Mechanical or physiological ventilatory support;

 

(E) Bronchopulmonary hygiene;

 

(F) Cardiopulmonary resuscitation;

 

(G) Maintenance of the natural airway;

 

(H) Insertion and maintenance of artificial airways;

 

(J) Specific diagnostic and testing techniques employed in themonitoring, treatment and research of pulmonary abnormalities, includingmeasurements of ventilatory volumes, pressures and flows, collection ofspecimens of blood and blood gases, expired and inspired gas samples,respiratory secretions and pulmonary function testing;

 

(K) Hemodynamic and other related physiologic measurements ofthe cardiopulmonary system;

 

(M) Respiratory care telecommunications;

 

(N) Cardiopulmonary disease management;

 

(O) Tobacco cessation;

 

(P) Sleep diagnostic procedures; and

 

(Q) Neurodiagnostics.

 

(iii) "Practice of respiratory care" means serviceswhich may be performed in any clinic, hospital, skilled nursing facility andprivate dwelling or other place deemed appropriate or necessary by the board,in accordance with the prescription or verbal order of a physician or otherauthorized health care professional and shall be performed under thesupervision of a qualified medical director and shall include:

 

(A) Direct and indirect respiratory care services, includingthe administration of pharmacological, diagnostic and therapeutic agentsrelated to respiratory care procedures necessary to implement a treatment,disease prevention, pulmonary rehabilitative, or diagnostic regimen prescribedby a physician or other authorized health care professional;

 

(B) Transcription and implementation of the written or verbalorders of a physician or other authorized health care professional pertainingto the practice of respiratory care;

 

(C) Observing and monitoring signs and symptoms, generalbehavior, general physical response to respiratory care treatment anddiagnostic testing, including determining whether the signs, symptoms,reactions, behavior or general response exhibit abnormal characteristics;

 

(D) Implementation, based on observed abnormalities, ofappropriate reporting, referral, respiratory care protocols or changes intreatment, pursuant to a prescription by a person authorized to practicemedicine under the laws of the state of Wyoming;

 

(E) Initiation of emergency procedures under the regulations ofthe board or as otherwise permitted in this act.

 

(iv) "Qualified medical director" means a licensedphysician who has a special interest in the diagnosis and treatment ofrespiratory problems. The physician shall be, wherever possible, qualified byspecial training or experience in the management of acute and chronicrespiratory disorders. The physician shall be competent to monitor and assessthe quality, safety and appropriateness of the respiratory care services beingprovided. The medical director shall be accessible to and assure the competencyof the respiratory care practitioner as well as require that respiratory carebe ordered by a physician who has medical responsibility for that patient;

 

(v) "Respiratory care" means the allied healthprofession responsible for the treatment, management, diagnostic testing andcontrol of patients with deficiencies and abnormalities associated with thecardiopulmonary systems under the supervision of a qualified medical directorand includes the terms "inhalation therapy" and "respiratorytherapy";

 

(vi) "Respiratory care practitioner" means:

 

(A) A person employed in the practice of respiratory care whohas the knowledge and skill necessary to administer respiratory care as definedin paragraphs (ii) and (iii) of this subsection;

 

(B) A person who is capable of serving as a resource to thephysician in relation to the technical aspects of respiratory care as to safe andeffective methods for administering respiratory care modalities;

 

(C) A person who is able to function in situations ofunsupervised patient contact requiring individual judgment; and

 

(D) A person capable of supervising, directing or teaching lessskilled personnel in the provision of respiratory care services.

 

(vii) "This act" means W.S. 33-43-101 through33-43-118.

 

33-43-103. Board created; members; appointment; terms; qualification;removal; vacancies.

 

(a) There is created a state board for respiratory care withinthe department of administration and information to administer the provisionsof this act. The board shall consist of five (5) members. The initial boardshall consist of one (1) public member, one (1) physician member who is licensedin the state of Wyoming with a special interest in pulmonary medicine, andthree (3) members who shall have been engaged in the practice of respiratorycare for a period of not less than five (5) years immediately precedingappointment to the board. Thereafter, practitioner members shall be licensedunder this act prior to appointment to the board.

 

(b) The governor shall appoint the members of the board. Of theinitial members appointed to the board, the physician member and the publicmember shall be appointed for terms as specified in paragraphs (i) and (iii) ofthis subsection, and one (1) respiratory care practitioner shall be appointedfor a term of three (3) years, one (1) respiratory care practitioner shall beappointed for a term of two (2) years and one (1) respiratory care practitionershall be appointed for a term of one (1) year. Thereafter, the terms of officeof the members appointed shall be for the following periods:

 

(i) Physician member, three (3) years;

 

(ii) Respiratory care practitioner members, three (3) yearseach;

 

(iii) Public member, three (3) years.

 

(c) Vacancies in the board shall be filled by appointment bythe governor as provided in subsection (b) of this section for the balance ofan unexpired term and each member shall serve until his successor is appointedand qualified.

 

(d) The governor may remove any member from the board asprovided in W.S. 9-1-202.

 

33-43-104. Board meetings; elections; quorum.

 

(a) The board shall meet at least twice each year and shallelect a chairman at the first meeting each year. The board may convene at therequest of the chairman or as the board may determine for any other meeting asmay be deemed necessary to transact its business.

 

(b) Three (3) board members constitute a quorum.

 

33-43-105. Board responsibilities; duties.

 

(a) The board shall:

 

(i) Examine, license and renew the licenses of duly qualifiedapplicants;

 

(ii) Maintain an up-to-date list of every person licensed topractice respiratory therapy under this act. The list shall show the licensee'slast known place of employment, last known place of residence and the date andnumber of his license;

 

(iii) Keep a record of all proceedings of the board and make therecord available to the public for inspection during reasonable business hours;

 

(iv) Maintain an up-to-date list of persons whose licenses havebeen suspended, revoked or denied. This list shall include the names, socialsecurity numbers, type and cause of action, date and penalty incurred, and thelength of penalty. This list shall be available for public inspection duringreasonable business hours. This list shall be supplied to similar boards inother states upon request;

 

(v) Establish fees for licenses, permits, renewals andreinstatements in accordance with W.S. 33-1-201.

 

33-43-106. Board; general powers.

 

(a) The board may:

 

(i) In accordance with the Wyoming Administrative ProcedureAct, adopt rules and regulations not inconsistent with the law as may benecessary to enable it to carry into effect the provisions of this act;

 

(ii) Employ personnel as necessary to perform the functions ofthe board;

 

(iii) Establish relicensure requirements and procedures as areappropriate, including adopting and publishing a code of ethics;

 

(iv) Secure the services of resource consultants as deemednecessary by the board. Resource consultants shall receive travel and per diemexpenses in the same manner and amount as state employees, while engaged inconsultative service to the board;

 

(v) Enter into agreements or contracts with outsideorganizations for the purpose of developing, administering, grading orreporting the results of licensing examinations. The contracting organizationsshall be capable of providing an examination which meets the standards of thenational commission for health certifying agencies, or their equivalent, bevalidated, and nationally recognized as testing respiratory care competencies.

 

33-43-107. Compensation of board members; immunity.

 

(a) Members of the board shall not receive compensation fortheir services but shall receive mileage and per diem in the same manner andamount as state employees while engaged in the discharge of official duties.

 

(b) Members of the board shall have the same immunities frompersonal liability as state employees for actions taken in the performance oftheir duties under this act, as provided in W.S. 1-39-104.

 

33-43-108. Application for license; qualifications.

 

(a) An applicant for a license to practice respiratory careshall submit to the board written evidence, verified by oath, that theapplicant:

 

(i) Has completed an approved four (4) year high school courseof study or the equivalent thereof determined by the appropriate educationalagency; and

 

(ii) Has completed a respiratory care educational program. Arespiratory care educational program means a program accredited by the councilon allied health education programs (CAHEP) in collaboration with the committeeon accreditation for respiratory care (CoARC) or their successor organizations.

 

(b) The board may issue a license to practice respiratory careby endorsement to:

 

(i) An applicant who is currently licensed to practicerespiratory care under the laws of another state, territory or country if thequalifications of the applicant are deemed by the board to be equivalent tothose required in this state;

 

(ii) Applicants holding credentials, conferred by the nationalboard for respiratory care, as a certified respiratory therapist (CRT) or as aregistered respiratory therapist (RRT), provided the credential has not beensuspended or revoked.

 

(c) Applicants applying for licensure under subsection (b) ofthis section shall be required to certify under oath that their credentialshave not been suspended or revoked.

 

(d) Pursuant to rule and regulation, the board may grant alicense to an applicant under this section based upon written evidence,verified by oath, of previous practical experience in the capacity of arespiratory care practitioner submitted by the applicant under this section.

 

33-43-109. Licensure; fees.

 

Anapplicant applying for a license to practice respiratory care shall pay anadministrative fee to the board. Fees under this section shall be set by theboard in accordance with W.S. 33-1-201. If an applicant fails to complete therequirements for licensing within three (3) years from the date of filing, theapplication is deemed to be abandoned.

 

33-43-110. Temporary permits.

 

Upon payment of a fee set by the board inaccordance with W.S. 33-1-201, the board may issue a temporary permit topractice respiratory care for a period of six (6) months to an applicant forlicensing, pending compliance with the requirements for licensing, providingthe applicant shows written evidence, verified by oath, that the applicant iscurrently practicing, or has within the last six (6) months practicedrespiratory care in another state, territory or country and was licensed topractice respiratory care in that state or is a student in a committee onaccreditation for respiratory care (CoARC) approved respiratory care educationprogram who expects to graduate within the next thirty (30) calendar days. Uponnotification that a student in an approved program who has received a temporarypermit under this section fails to successfully complete the program, the boardshall revoke the temporary permit. On expiration of the permit and on paymentof an additional fee set by the board in accordance with W.S. 33-1-201, theboard may issue a permit to perform respiratory care for an additional periodnot to exceed twelve (12) months from the date of issuance of the originalpermit. Reapplication following abandonment of an application shall not entitlethe applicant to a permit.

 

33-43-111. Temporary licenses.

 

The board shall issue a license to performrespiratory care to an applicant, who, prior to July 1, 2003, has passed theentry level or advanced practitioner examinations administered by the nationalboard for respiratory care or its equivalent. Other applicants who are notstudents in a respiratory care education program and have not passed either ofthe examinations under this section or their equivalents prior to July 1, 2003,and who through written evidence, verified by oath, demonstrate that they arepresently functioning in the capacity of a respiratory care practitioner asdefined by this act, shall be given a temporary license to practice respiratorycare for a period up to five (5) years commencing July 1, 2003. The applicantsshall pass the licensure examination administered by the board during the five(5) year period in order to be issued a license to practice respiratory care.

 

33-43-112. Licensed respiratory care practitioner; use of L.R.C.P.professional.

 

(a) A person holding a license to practice respiratory care inthis state may use the title, "licensed respiratory carepractitioner" and the abbreviation, "L.R.C.P.".

 

(b) A licensee shall show his license when requested.

 

33-43-113. Renewal of license; lapse; reinstatement.

 

(a) A license shall be renewed annually except as hereafterprovided. The board shall mail notices and applications for renewal at leastsixty (60) calendar days prior to expiration for renewal of licenses to everyperson to whom a license was issued or renewed during the preceding renewalperiod. The licensee shall complete the application for renewal and return itto the board with the renewal fee set by the board in accordance with W.S.33-1-201 before the date of expiration.

 

(b) Upon receipt of the application for renewal and the fee,the board shall verify its contents and shall issue the license for the currentrenewal period, which shall be valid for the period stated thereon. The boardmay establish continuing education requirements for annual renewal of thelicense.

 

(c) A licensee who allows his license to lapse by failing torenew it, may be reinstated by the board upon payment of the renewal fee andreinstatement fee set by the board in accordance with W.S. 33-1-201 providedthat the request for reinstatement is made within thirty (30) days of the endof the renewal period.

 

(d) A respiratory care practitioner who does not engage in thepractice of respiratory care during the succeeding renewal period is notrequired to pay the renewal fee as long as he remains inactive. If he desiresto resume the practice of respiratory care, he shall notify the board of hisintent and shall satisfy the current requirements of the board in addition toremitting the renewal fee for the current renewal period and the reinstatementfee.

 

(e) The board is authorized to establish reasonable fees forreplacement and duplicate licenses.

 

33-43-114. Disposition of fees.

 

Fees received by the board and any moniescollected under this act shall be deposited with the state treasurer, who shallcredit the money to a separate account which shall only be used by the board todefray costs incurred in the administration of this act.

 

33-43-115. License revocation; discipline.

 

(a) The board may revoke, suspend or refuse to renew anylicense or permit or place on probation, or otherwise reprimand a licensee orpermit holder or deny a license to an applicant if, after hearing, it findsthat the person:

 

(i) Is guilty of fraud or deceit in procuring or attempting toprocure a license or renewal of license to practice respiratory care;

 

(ii) Is unfit or incompetent by reason of negligence, habits orother causes of incompetency as defined in the rules and regulationspromulgated by the board;

 

(iii) Is addicted to a drug or intoxicant to a degree to renderthe licensee unsafe or unfit to practice respiratory care;

 

(iv) Is guilty of unprofessional conduct as defined by the rulesestablished by the board, or has violated the code of ethics adopted andpublished by the board;

 

(v) Has practiced respiratory care after his license or permithas expired or has been suspended;

 

(vi) Has practiced respiratory care under cover of any permit orlicense illegally or fraudulently obtained or issued;

 

(vii) Has violated or aided or abetted others in violation of anyprovision of this act.

 

(b) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order.

 

33-43-116. Board hearings; investigations.

 

(a) Upon filing of written complaint with the board, charging aperson with having been guilty of any of the acts described in W.S. 33-43-115,the administrative secretary, or other authorized employee of the board shallmake an investigation. If the board finds reasonable grounds for the complaint,a time and place for a hearing shall be set, notice of which shall be served onthe licensee, permit holder or applicant at least fifteen (15) calendar daysprior thereto. The notice shall be by personal service or by certified orregistered mail sent to the last known address of the person.

 

(b) The board may issue subpoenas for the attendance ofwitnesses and the production of necessary evidence in any hearing before it.Upon request of the respondent or his counsel, the board shall issue subpoenason behalf of the respondent.

 

(c) Unless otherwise provided in this act, hearing proceduresshall be promulgated in accordance with, and a person aggrieved by a decisionof the board may take an appeal pursuant to, the Wyoming AdministrativeProcedure Act.

 

33-43-117. Exceptions.

 

(a) No person shall practice respiratory care or representhimself to be a respiratory care practitioner unless he is licensed under thisact, except as otherwise provided by this act.

 

(b) This act does not prohibit:

 

(i) The practice of respiratory care which is an integral partof the program of study by students enrolled in a respiratory care educationprogram recognized by the committee on accreditation for respiratory care(CoARC) or its successor. Students enrolled in a respiratory therapy careeducation program shall be identified as "student-respiratory carepractitioner" and shall only provide respiratory care under directclinical supervision;

 

(ii) Self-care by a patient, or gratuitous care by a friend orfamily member who does not represent or hold himself out to be a respiratorycare practitioner;

 

(iii) Respiratory care services rendered in the course of anemergency;

 

(iv) Respiratory care rendered by persons in the militaryservices or working in federal facilities when functioning in the course oftheir assigned duties;

 

(v) The respiratory care practitioner from performing advancesin the art and techniques of respiratory care learned through formalized orspecialized training;

 

(vi) An individual, other than a respiratory care practitioner,employed by a home medical equipment company, from installing and maintaininghome respiratory equipment, provided he does not perform patient assessment orpatient care relating to home respiratory care.

 

(c) Nothing in this act is intended to limit, preclude orotherwise interfere with the practices of other persons and health providerslicensed by appropriate agencies of the state of Wyoming.

 

(d) An individual who, by passing an examination which includescontent in one (1) or more of the functions included in this act, offered by atesting body certified by the national commission for health certifyingagencies or its equivalent, shall not be prohibited from performing proceduresfor which they were tested.

 

(e) Nothing in this act shall be construed to permit thepractice of medicine.

 

33-43-118. Offenses.

 

(a) It is a violation of this act for any person to:

 

(i) Sell, fraudulently obtain or furnish any respiratory carepermit, license or record, or aid or abet therein;

 

(ii) Practice respiratory care under cover of any respiratorycare diploma, permit, license or record illegally or fraudulently obtained orissued;

 

(iii) Practice respiratory care unless duly licensed or otherwiseauthorized to do so under the provisions of this act;

 

(iv) Impersonate in any manner or pretend to be a respiratorycare practitioner or use the title, "licensed respiratory carepractitioner," the letters, "L.R.C.P.," or any other words,letters, signs, symbols or devices to indicate the person using them is alicensed respiratory care practitioner, unless duly authorized by license orpermit to perform under the provisions of this act;

 

(v) Practice respiratory care during the time his license orpermit is suspended, revoked or expired;

 

(vi) Fail to notify the board of the suspension, probation orrevocation of any past or currently held licenses, certifications orregistrations required to practice respiratory care in this or any otherjurisdiction;

 

(vii) Knowingly employ unlicensed persons in the practice ofrespiratory care in the capacity of a respiratory care practitioner;

 

(viii) Make false representations or impersonate or act as a proxyfor another person or allow or aid any person to impersonate him in connectionwith any examination for licensing or request to be examined or licensed;

 

(ix) Otherwise violate any provision of this act.

 

(b) Any violation of this act is a misdemeanor and uponconviction shall be punishable by a fine of not more than one thousand dollars($1,000.00), imprisonment for not more than six (6) months, or both fine andimprisonment for each offense.

 

State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter43

CHAPTER 43 - RESPIRATORY CARE PRACTITIONERS

 

33-43-101. Short title.

 

This act shall be known and may be cited asthe "Respiratory Care Practice Act of 2003."

 

33-43-102. Definitions.

 

(a) As used in this chapter:

 

(i) "Board" means the state board for respiratorycare;

 

(ii) "Performance of respiratory care" meansrespiratory care in accordance with the prescription or verbal order of alicensed physician or other authorized health care professional and includesthe diagnostic and therapeutic use of the following:

 

(A) Administration of aerosols, humidification and medicalgases, except for the purpose of anesthesia;

 

(B) Hyperbaric therapy;

 

(C) Pharmacologic agents related to respiratory careprocedures;

 

(D) Mechanical or physiological ventilatory support;

 

(E) Bronchopulmonary hygiene;

 

(F) Cardiopulmonary resuscitation;

 

(G) Maintenance of the natural airway;

 

(H) Insertion and maintenance of artificial airways;

 

(J) Specific diagnostic and testing techniques employed in themonitoring, treatment and research of pulmonary abnormalities, includingmeasurements of ventilatory volumes, pressures and flows, collection ofspecimens of blood and blood gases, expired and inspired gas samples,respiratory secretions and pulmonary function testing;

 

(K) Hemodynamic and other related physiologic measurements ofthe cardiopulmonary system;

 

(M) Respiratory care telecommunications;

 

(N) Cardiopulmonary disease management;

 

(O) Tobacco cessation;

 

(P) Sleep diagnostic procedures; and

 

(Q) Neurodiagnostics.

 

(iii) "Practice of respiratory care" means serviceswhich may be performed in any clinic, hospital, skilled nursing facility andprivate dwelling or other place deemed appropriate or necessary by the board,in accordance with the prescription or verbal order of a physician or otherauthorized health care professional and shall be performed under thesupervision of a qualified medical director and shall include:

 

(A) Direct and indirect respiratory care services, includingthe administration of pharmacological, diagnostic and therapeutic agentsrelated to respiratory care procedures necessary to implement a treatment,disease prevention, pulmonary rehabilitative, or diagnostic regimen prescribedby a physician or other authorized health care professional;

 

(B) Transcription and implementation of the written or verbalorders of a physician or other authorized health care professional pertainingto the practice of respiratory care;

 

(C) Observing and monitoring signs and symptoms, generalbehavior, general physical response to respiratory care treatment anddiagnostic testing, including determining whether the signs, symptoms,reactions, behavior or general response exhibit abnormal characteristics;

 

(D) Implementation, based on observed abnormalities, ofappropriate reporting, referral, respiratory care protocols or changes intreatment, pursuant to a prescription by a person authorized to practicemedicine under the laws of the state of Wyoming;

 

(E) Initiation of emergency procedures under the regulations ofthe board or as otherwise permitted in this act.

 

(iv) "Qualified medical director" means a licensedphysician who has a special interest in the diagnosis and treatment ofrespiratory problems. The physician shall be, wherever possible, qualified byspecial training or experience in the management of acute and chronicrespiratory disorders. The physician shall be competent to monitor and assessthe quality, safety and appropriateness of the respiratory care services beingprovided. The medical director shall be accessible to and assure the competencyof the respiratory care practitioner as well as require that respiratory carebe ordered by a physician who has medical responsibility for that patient;

 

(v) "Respiratory care" means the allied healthprofession responsible for the treatment, management, diagnostic testing andcontrol of patients with deficiencies and abnormalities associated with thecardiopulmonary systems under the supervision of a qualified medical directorand includes the terms "inhalation therapy" and "respiratorytherapy";

 

(vi) "Respiratory care practitioner" means:

 

(A) A person employed in the practice of respiratory care whohas the knowledge and skill necessary to administer respiratory care as definedin paragraphs (ii) and (iii) of this subsection;

 

(B) A person who is capable of serving as a resource to thephysician in relation to the technical aspects of respiratory care as to safe andeffective methods for administering respiratory care modalities;

 

(C) A person who is able to function in situations ofunsupervised patient contact requiring individual judgment; and

 

(D) A person capable of supervising, directing or teaching lessskilled personnel in the provision of respiratory care services.

 

(vii) "This act" means W.S. 33-43-101 through33-43-118.

 

33-43-103. Board created; members; appointment; terms; qualification;removal; vacancies.

 

(a) There is created a state board for respiratory care withinthe department of administration and information to administer the provisionsof this act. The board shall consist of five (5) members. The initial boardshall consist of one (1) public member, one (1) physician member who is licensedin the state of Wyoming with a special interest in pulmonary medicine, andthree (3) members who shall have been engaged in the practice of respiratorycare for a period of not less than five (5) years immediately precedingappointment to the board. Thereafter, practitioner members shall be licensedunder this act prior to appointment to the board.

 

(b) The governor shall appoint the members of the board. Of theinitial members appointed to the board, the physician member and the publicmember shall be appointed for terms as specified in paragraphs (i) and (iii) ofthis subsection, and one (1) respiratory care practitioner shall be appointedfor a term of three (3) years, one (1) respiratory care practitioner shall beappointed for a term of two (2) years and one (1) respiratory care practitionershall be appointed for a term of one (1) year. Thereafter, the terms of officeof the members appointed shall be for the following periods:

 

(i) Physician member, three (3) years;

 

(ii) Respiratory care practitioner members, three (3) yearseach;

 

(iii) Public member, three (3) years.

 

(c) Vacancies in the board shall be filled by appointment bythe governor as provided in subsection (b) of this section for the balance ofan unexpired term and each member shall serve until his successor is appointedand qualified.

 

(d) The governor may remove any member from the board asprovided in W.S. 9-1-202.

 

33-43-104. Board meetings; elections; quorum.

 

(a) The board shall meet at least twice each year and shallelect a chairman at the first meeting each year. The board may convene at therequest of the chairman or as the board may determine for any other meeting asmay be deemed necessary to transact its business.

 

(b) Three (3) board members constitute a quorum.

 

33-43-105. Board responsibilities; duties.

 

(a) The board shall:

 

(i) Examine, license and renew the licenses of duly qualifiedapplicants;

 

(ii) Maintain an up-to-date list of every person licensed topractice respiratory therapy under this act. The list shall show the licensee'slast known place of employment, last known place of residence and the date andnumber of his license;

 

(iii) Keep a record of all proceedings of the board and make therecord available to the public for inspection during reasonable business hours;

 

(iv) Maintain an up-to-date list of persons whose licenses havebeen suspended, revoked or denied. This list shall include the names, socialsecurity numbers, type and cause of action, date and penalty incurred, and thelength of penalty. This list shall be available for public inspection duringreasonable business hours. This list shall be supplied to similar boards inother states upon request;

 

(v) Establish fees for licenses, permits, renewals andreinstatements in accordance with W.S. 33-1-201.

 

33-43-106. Board; general powers.

 

(a) The board may:

 

(i) In accordance with the Wyoming Administrative ProcedureAct, adopt rules and regulations not inconsistent with the law as may benecessary to enable it to carry into effect the provisions of this act;

 

(ii) Employ personnel as necessary to perform the functions ofthe board;

 

(iii) Establish relicensure requirements and procedures as areappropriate, including adopting and publishing a code of ethics;

 

(iv) Secure the services of resource consultants as deemednecessary by the board. Resource consultants shall receive travel and per diemexpenses in the same manner and amount as state employees, while engaged inconsultative service to the board;

 

(v) Enter into agreements or contracts with outsideorganizations for the purpose of developing, administering, grading orreporting the results of licensing examinations. The contracting organizationsshall be capable of providing an examination which meets the standards of thenational commission for health certifying agencies, or their equivalent, bevalidated, and nationally recognized as testing respiratory care competencies.

 

33-43-107. Compensation of board members; immunity.

 

(a) Members of the board shall not receive compensation fortheir services but shall receive mileage and per diem in the same manner andamount as state employees while engaged in the discharge of official duties.

 

(b) Members of the board shall have the same immunities frompersonal liability as state employees for actions taken in the performance oftheir duties under this act, as provided in W.S. 1-39-104.

 

33-43-108. Application for license; qualifications.

 

(a) An applicant for a license to practice respiratory careshall submit to the board written evidence, verified by oath, that theapplicant:

 

(i) Has completed an approved four (4) year high school courseof study or the equivalent thereof determined by the appropriate educationalagency; and

 

(ii) Has completed a respiratory care educational program. Arespiratory care educational program means a program accredited by the councilon allied health education programs (CAHEP) in collaboration with the committeeon accreditation for respiratory care (CoARC) or their successor organizations.

 

(b) The board may issue a license to practice respiratory careby endorsement to:

 

(i) An applicant who is currently licensed to practicerespiratory care under the laws of another state, territory or country if thequalifications of the applicant are deemed by the board to be equivalent tothose required in this state;

 

(ii) Applicants holding credentials, conferred by the nationalboard for respiratory care, as a certified respiratory therapist (CRT) or as aregistered respiratory therapist (RRT), provided the credential has not beensuspended or revoked.

 

(c) Applicants applying for licensure under subsection (b) ofthis section shall be required to certify under oath that their credentialshave not been suspended or revoked.

 

(d) Pursuant to rule and regulation, the board may grant alicense to an applicant under this section based upon written evidence,verified by oath, of previous practical experience in the capacity of arespiratory care practitioner submitted by the applicant under this section.

 

33-43-109. Licensure; fees.

 

Anapplicant applying for a license to practice respiratory care shall pay anadministrative fee to the board. Fees under this section shall be set by theboard in accordance with W.S. 33-1-201. If an applicant fails to complete therequirements for licensing within three (3) years from the date of filing, theapplication is deemed to be abandoned.

 

33-43-110. Temporary permits.

 

Upon payment of a fee set by the board inaccordance with W.S. 33-1-201, the board may issue a temporary permit topractice respiratory care for a period of six (6) months to an applicant forlicensing, pending compliance with the requirements for licensing, providingthe applicant shows written evidence, verified by oath, that the applicant iscurrently practicing, or has within the last six (6) months practicedrespiratory care in another state, territory or country and was licensed topractice respiratory care in that state or is a student in a committee onaccreditation for respiratory care (CoARC) approved respiratory care educationprogram who expects to graduate within the next thirty (30) calendar days. Uponnotification that a student in an approved program who has received a temporarypermit under this section fails to successfully complete the program, the boardshall revoke the temporary permit. On expiration of the permit and on paymentof an additional fee set by the board in accordance with W.S. 33-1-201, theboard may issue a permit to perform respiratory care for an additional periodnot to exceed twelve (12) months from the date of issuance of the originalpermit. Reapplication following abandonment of an application shall not entitlethe applicant to a permit.

 

33-43-111. Temporary licenses.

 

The board shall issue a license to performrespiratory care to an applicant, who, prior to July 1, 2003, has passed theentry level or advanced practitioner examinations administered by the nationalboard for respiratory care or its equivalent. Other applicants who are notstudents in a respiratory care education program and have not passed either ofthe examinations under this section or their equivalents prior to July 1, 2003,and who through written evidence, verified by oath, demonstrate that they arepresently functioning in the capacity of a respiratory care practitioner asdefined by this act, shall be given a temporary license to practice respiratorycare for a period up to five (5) years commencing July 1, 2003. The applicantsshall pass the licensure examination administered by the board during the five(5) year period in order to be issued a license to practice respiratory care.

 

33-43-112. Licensed respiratory care practitioner; use of L.R.C.P.professional.

 

(a) A person holding a license to practice respiratory care inthis state may use the title, "licensed respiratory carepractitioner" and the abbreviation, "L.R.C.P.".

 

(b) A licensee shall show his license when requested.

 

33-43-113. Renewal of license; lapse; reinstatement.

 

(a) A license shall be renewed annually except as hereafterprovided. The board shall mail notices and applications for renewal at leastsixty (60) calendar days prior to expiration for renewal of licenses to everyperson to whom a license was issued or renewed during the preceding renewalperiod. The licensee shall complete the application for renewal and return itto the board with the renewal fee set by the board in accordance with W.S.33-1-201 before the date of expiration.

 

(b) Upon receipt of the application for renewal and the fee,the board shall verify its contents and shall issue the license for the currentrenewal period, which shall be valid for the period stated thereon. The boardmay establish continuing education requirements for annual renewal of thelicense.

 

(c) A licensee who allows his license to lapse by failing torenew it, may be reinstated by the board upon payment of the renewal fee andreinstatement fee set by the board in accordance with W.S. 33-1-201 providedthat the request for reinstatement is made within thirty (30) days of the endof the renewal period.

 

(d) A respiratory care practitioner who does not engage in thepractice of respiratory care during the succeeding renewal period is notrequired to pay the renewal fee as long as he remains inactive. If he desiresto resume the practice of respiratory care, he shall notify the board of hisintent and shall satisfy the current requirements of the board in addition toremitting the renewal fee for the current renewal period and the reinstatementfee.

 

(e) The board is authorized to establish reasonable fees forreplacement and duplicate licenses.

 

33-43-114. Disposition of fees.

 

Fees received by the board and any moniescollected under this act shall be deposited with the state treasurer, who shallcredit the money to a separate account which shall only be used by the board todefray costs incurred in the administration of this act.

 

33-43-115. License revocation; discipline.

 

(a) The board may revoke, suspend or refuse to renew anylicense or permit or place on probation, or otherwise reprimand a licensee orpermit holder or deny a license to an applicant if, after hearing, it findsthat the person:

 

(i) Is guilty of fraud or deceit in procuring or attempting toprocure a license or renewal of license to practice respiratory care;

 

(ii) Is unfit or incompetent by reason of negligence, habits orother causes of incompetency as defined in the rules and regulationspromulgated by the board;

 

(iii) Is addicted to a drug or intoxicant to a degree to renderthe licensee unsafe or unfit to practice respiratory care;

 

(iv) Is guilty of unprofessional conduct as defined by the rulesestablished by the board, or has violated the code of ethics adopted andpublished by the board;

 

(v) Has practiced respiratory care after his license or permithas expired or has been suspended;

 

(vi) Has practiced respiratory care under cover of any permit orlicense illegally or fraudulently obtained or issued;

 

(vii) Has violated or aided or abetted others in violation of anyprovision of this act.

 

(b) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order.

 

33-43-116. Board hearings; investigations.

 

(a) Upon filing of written complaint with the board, charging aperson with having been guilty of any of the acts described in W.S. 33-43-115,the administrative secretary, or other authorized employee of the board shallmake an investigation. If the board finds reasonable grounds for the complaint,a time and place for a hearing shall be set, notice of which shall be served onthe licensee, permit holder or applicant at least fifteen (15) calendar daysprior thereto. The notice shall be by personal service or by certified orregistered mail sent to the last known address of the person.

 

(b) The board may issue subpoenas for the attendance ofwitnesses and the production of necessary evidence in any hearing before it.Upon request of the respondent or his counsel, the board shall issue subpoenason behalf of the respondent.

 

(c) Unless otherwise provided in this act, hearing proceduresshall be promulgated in accordance with, and a person aggrieved by a decisionof the board may take an appeal pursuant to, the Wyoming AdministrativeProcedure Act.

 

33-43-117. Exceptions.

 

(a) No person shall practice respiratory care or representhimself to be a respiratory care practitioner unless he is licensed under thisact, except as otherwise provided by this act.

 

(b) This act does not prohibit:

 

(i) The practice of respiratory care which is an integral partof the program of study by students enrolled in a respiratory care educationprogram recognized by the committee on accreditation for respiratory care(CoARC) or its successor. Students enrolled in a respiratory therapy careeducation program shall be identified as "student-respiratory carepractitioner" and shall only provide respiratory care under directclinical supervision;

 

(ii) Self-care by a patient, or gratuitous care by a friend orfamily member who does not represent or hold himself out to be a respiratorycare practitioner;

 

(iii) Respiratory care services rendered in the course of anemergency;

 

(iv) Respiratory care rendered by persons in the militaryservices or working in federal facilities when functioning in the course oftheir assigned duties;

 

(v) The respiratory care practitioner from performing advancesin the art and techniques of respiratory care learned through formalized orspecialized training;

 

(vi) An individual, other than a respiratory care practitioner,employed by a home medical equipment company, from installing and maintaininghome respiratory equipment, provided he does not perform patient assessment orpatient care relating to home respiratory care.

 

(c) Nothing in this act is intended to limit, preclude orotherwise interfere with the practices of other persons and health providerslicensed by appropriate agencies of the state of Wyoming.

 

(d) An individual who, by passing an examination which includescontent in one (1) or more of the functions included in this act, offered by atesting body certified by the national commission for health certifyingagencies or its equivalent, shall not be prohibited from performing proceduresfor which they were tested.

 

(e) Nothing in this act shall be construed to permit thepractice of medicine.

 

33-43-118. Offenses.

 

(a) It is a violation of this act for any person to:

 

(i) Sell, fraudulently obtain or furnish any respiratory carepermit, license or record, or aid or abet therein;

 

(ii) Practice respiratory care under cover of any respiratorycare diploma, permit, license or record illegally or fraudulently obtained orissued;

 

(iii) Practice respiratory care unless duly licensed or otherwiseauthorized to do so under the provisions of this act;

 

(iv) Impersonate in any manner or pretend to be a respiratorycare practitioner or use the title, "licensed respiratory carepractitioner," the letters, "L.R.C.P.," or any other words,letters, signs, symbols or devices to indicate the person using them is alicensed respiratory care practitioner, unless duly authorized by license orpermit to perform under the provisions of this act;

 

(v) Practice respiratory care during the time his license orpermit is suspended, revoked or expired;

 

(vi) Fail to notify the board of the suspension, probation orrevocation of any past or currently held licenses, certifications orregistrations required to practice respiratory care in this or any otherjurisdiction;

 

(vii) Knowingly employ unlicensed persons in the practice ofrespiratory care in the capacity of a respiratory care practitioner;

 

(viii) Make false representations or impersonate or act as a proxyfor another person or allow or aid any person to impersonate him in connectionwith any examination for licensing or request to be examined or licensed;

 

(ix) Otherwise violate any provision of this act.

 

(b) Any violation of this act is a misdemeanor and uponconviction shall be punishable by a fine of not more than one thousand dollars($1,000.00), imprisonment for not more than six (6) months, or both fine andimprisonment for each offense.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter43

CHAPTER 43 - RESPIRATORY CARE PRACTITIONERS

 

33-43-101. Short title.

 

This act shall be known and may be cited asthe "Respiratory Care Practice Act of 2003."

 

33-43-102. Definitions.

 

(a) As used in this chapter:

 

(i) "Board" means the state board for respiratorycare;

 

(ii) "Performance of respiratory care" meansrespiratory care in accordance with the prescription or verbal order of alicensed physician or other authorized health care professional and includesthe diagnostic and therapeutic use of the following:

 

(A) Administration of aerosols, humidification and medicalgases, except for the purpose of anesthesia;

 

(B) Hyperbaric therapy;

 

(C) Pharmacologic agents related to respiratory careprocedures;

 

(D) Mechanical or physiological ventilatory support;

 

(E) Bronchopulmonary hygiene;

 

(F) Cardiopulmonary resuscitation;

 

(G) Maintenance of the natural airway;

 

(H) Insertion and maintenance of artificial airways;

 

(J) Specific diagnostic and testing techniques employed in themonitoring, treatment and research of pulmonary abnormalities, includingmeasurements of ventilatory volumes, pressures and flows, collection ofspecimens of blood and blood gases, expired and inspired gas samples,respiratory secretions and pulmonary function testing;

 

(K) Hemodynamic and other related physiologic measurements ofthe cardiopulmonary system;

 

(M) Respiratory care telecommunications;

 

(N) Cardiopulmonary disease management;

 

(O) Tobacco cessation;

 

(P) Sleep diagnostic procedures; and

 

(Q) Neurodiagnostics.

 

(iii) "Practice of respiratory care" means serviceswhich may be performed in any clinic, hospital, skilled nursing facility andprivate dwelling or other place deemed appropriate or necessary by the board,in accordance with the prescription or verbal order of a physician or otherauthorized health care professional and shall be performed under thesupervision of a qualified medical director and shall include:

 

(A) Direct and indirect respiratory care services, includingthe administration of pharmacological, diagnostic and therapeutic agentsrelated to respiratory care procedures necessary to implement a treatment,disease prevention, pulmonary rehabilitative, or diagnostic regimen prescribedby a physician or other authorized health care professional;

 

(B) Transcription and implementation of the written or verbalorders of a physician or other authorized health care professional pertainingto the practice of respiratory care;

 

(C) Observing and monitoring signs and symptoms, generalbehavior, general physical response to respiratory care treatment anddiagnostic testing, including determining whether the signs, symptoms,reactions, behavior or general response exhibit abnormal characteristics;

 

(D) Implementation, based on observed abnormalities, ofappropriate reporting, referral, respiratory care protocols or changes intreatment, pursuant to a prescription by a person authorized to practicemedicine under the laws of the state of Wyoming;

 

(E) Initiation of emergency procedures under the regulations ofthe board or as otherwise permitted in this act.

 

(iv) "Qualified medical director" means a licensedphysician who has a special interest in the diagnosis and treatment ofrespiratory problems. The physician shall be, wherever possible, qualified byspecial training or experience in the management of acute and chronicrespiratory disorders. The physician shall be competent to monitor and assessthe quality, safety and appropriateness of the respiratory care services beingprovided. The medical director shall be accessible to and assure the competencyof the respiratory care practitioner as well as require that respiratory carebe ordered by a physician who has medical responsibility for that patient;

 

(v) "Respiratory care" means the allied healthprofession responsible for the treatment, management, diagnostic testing andcontrol of patients with deficiencies and abnormalities associated with thecardiopulmonary systems under the supervision of a qualified medical directorand includes the terms "inhalation therapy" and "respiratorytherapy";

 

(vi) "Respiratory care practitioner" means:

 

(A) A person employed in the practice of respiratory care whohas the knowledge and skill necessary to administer respiratory care as definedin paragraphs (ii) and (iii) of this subsection;

 

(B) A person who is capable of serving as a resource to thephysician in relation to the technical aspects of respiratory care as to safe andeffective methods for administering respiratory care modalities;

 

(C) A person who is able to function in situations ofunsupervised patient contact requiring individual judgment; and

 

(D) A person capable of supervising, directing or teaching lessskilled personnel in the provision of respiratory care services.

 

(vii) "This act" means W.S. 33-43-101 through33-43-118.

 

33-43-103. Board created; members; appointment; terms; qualification;removal; vacancies.

 

(a) There is created a state board for respiratory care withinthe department of administration and information to administer the provisionsof this act. The board shall consist of five (5) members. The initial boardshall consist of one (1) public member, one (1) physician member who is licensedin the state of Wyoming with a special interest in pulmonary medicine, andthree (3) members who shall have been engaged in the practice of respiratorycare for a period of not less than five (5) years immediately precedingappointment to the board. Thereafter, practitioner members shall be licensedunder this act prior to appointment to the board.

 

(b) The governor shall appoint the members of the board. Of theinitial members appointed to the board, the physician member and the publicmember shall be appointed for terms as specified in paragraphs (i) and (iii) ofthis subsection, and one (1) respiratory care practitioner shall be appointedfor a term of three (3) years, one (1) respiratory care practitioner shall beappointed for a term of two (2) years and one (1) respiratory care practitionershall be appointed for a term of one (1) year. Thereafter, the terms of officeof the members appointed shall be for the following periods:

 

(i) Physician member, three (3) years;

 

(ii) Respiratory care practitioner members, three (3) yearseach;

 

(iii) Public member, three (3) years.

 

(c) Vacancies in the board shall be filled by appointment bythe governor as provided in subsection (b) of this section for the balance ofan unexpired term and each member shall serve until his successor is appointedand qualified.

 

(d) The governor may remove any member from the board asprovided in W.S. 9-1-202.

 

33-43-104. Board meetings; elections; quorum.

 

(a) The board shall meet at least twice each year and shallelect a chairman at the first meeting each year. The board may convene at therequest of the chairman or as the board may determine for any other meeting asmay be deemed necessary to transact its business.

 

(b) Three (3) board members constitute a quorum.

 

33-43-105. Board responsibilities; duties.

 

(a) The board shall:

 

(i) Examine, license and renew the licenses of duly qualifiedapplicants;

 

(ii) Maintain an up-to-date list of every person licensed topractice respiratory therapy under this act. The list shall show the licensee'slast known place of employment, last known place of residence and the date andnumber of his license;

 

(iii) Keep a record of all proceedings of the board and make therecord available to the public for inspection during reasonable business hours;

 

(iv) Maintain an up-to-date list of persons whose licenses havebeen suspended, revoked or denied. This list shall include the names, socialsecurity numbers, type and cause of action, date and penalty incurred, and thelength of penalty. This list shall be available for public inspection duringreasonable business hours. This list shall be supplied to similar boards inother states upon request;

 

(v) Establish fees for licenses, permits, renewals andreinstatements in accordance with W.S. 33-1-201.

 

33-43-106. Board; general powers.

 

(a) The board may:

 

(i) In accordance with the Wyoming Administrative ProcedureAct, adopt rules and regulations not inconsistent with the law as may benecessary to enable it to carry into effect the provisions of this act;

 

(ii) Employ personnel as necessary to perform the functions ofthe board;

 

(iii) Establish relicensure requirements and procedures as areappropriate, including adopting and publishing a code of ethics;

 

(iv) Secure the services of resource consultants as deemednecessary by the board. Resource consultants shall receive travel and per diemexpenses in the same manner and amount as state employees, while engaged inconsultative service to the board;

 

(v) Enter into agreements or contracts with outsideorganizations for the purpose of developing, administering, grading orreporting the results of licensing examinations. The contracting organizationsshall be capable of providing an examination which meets the standards of thenational commission for health certifying agencies, or their equivalent, bevalidated, and nationally recognized as testing respiratory care competencies.

 

33-43-107. Compensation of board members; immunity.

 

(a) Members of the board shall not receive compensation fortheir services but shall receive mileage and per diem in the same manner andamount as state employees while engaged in the discharge of official duties.

 

(b) Members of the board shall have the same immunities frompersonal liability as state employees for actions taken in the performance oftheir duties under this act, as provided in W.S. 1-39-104.

 

33-43-108. Application for license; qualifications.

 

(a) An applicant for a license to practice respiratory careshall submit to the board written evidence, verified by oath, that theapplicant:

 

(i) Has completed an approved four (4) year high school courseof study or the equivalent thereof determined by the appropriate educationalagency; and

 

(ii) Has completed a respiratory care educational program. Arespiratory care educational program means a program accredited by the councilon allied health education programs (CAHEP) in collaboration with the committeeon accreditation for respiratory care (CoARC) or their successor organizations.

 

(b) The board may issue a license to practice respiratory careby endorsement to:

 

(i) An applicant who is currently licensed to practicerespiratory care under the laws of another state, territory or country if thequalifications of the applicant are deemed by the board to be equivalent tothose required in this state;

 

(ii) Applicants holding credentials, conferred by the nationalboard for respiratory care, as a certified respiratory therapist (CRT) or as aregistered respiratory therapist (RRT), provided the credential has not beensuspended or revoked.

 

(c) Applicants applying for licensure under subsection (b) ofthis section shall be required to certify under oath that their credentialshave not been suspended or revoked.

 

(d) Pursuant to rule and regulation, the board may grant alicense to an applicant under this section based upon written evidence,verified by oath, of previous practical experience in the capacity of arespiratory care practitioner submitted by the applicant under this section.

 

33-43-109. Licensure; fees.

 

Anapplicant applying for a license to practice respiratory care shall pay anadministrative fee to the board. Fees under this section shall be set by theboard in accordance with W.S. 33-1-201. If an applicant fails to complete therequirements for licensing within three (3) years from the date of filing, theapplication is deemed to be abandoned.

 

33-43-110. Temporary permits.

 

Upon payment of a fee set by the board inaccordance with W.S. 33-1-201, the board may issue a temporary permit topractice respiratory care for a period of six (6) months to an applicant forlicensing, pending compliance with the requirements for licensing, providingthe applicant shows written evidence, verified by oath, that the applicant iscurrently practicing, or has within the last six (6) months practicedrespiratory care in another state, territory or country and was licensed topractice respiratory care in that state or is a student in a committee onaccreditation for respiratory care (CoARC) approved respiratory care educationprogram who expects to graduate within the next thirty (30) calendar days. Uponnotification that a student in an approved program who has received a temporarypermit under this section fails to successfully complete the program, the boardshall revoke the temporary permit. On expiration of the permit and on paymentof an additional fee set by the board in accordance with W.S. 33-1-201, theboard may issue a permit to perform respiratory care for an additional periodnot to exceed twelve (12) months from the date of issuance of the originalpermit. Reapplication following abandonment of an application shall not entitlethe applicant to a permit.

 

33-43-111. Temporary licenses.

 

The board shall issue a license to performrespiratory care to an applicant, who, prior to July 1, 2003, has passed theentry level or advanced practitioner examinations administered by the nationalboard for respiratory care or its equivalent. Other applicants who are notstudents in a respiratory care education program and have not passed either ofthe examinations under this section or their equivalents prior to July 1, 2003,and who through written evidence, verified by oath, demonstrate that they arepresently functioning in the capacity of a respiratory care practitioner asdefined by this act, shall be given a temporary license to practice respiratorycare for a period up to five (5) years commencing July 1, 2003. The applicantsshall pass the licensure examination administered by the board during the five(5) year period in order to be issued a license to practice respiratory care.

 

33-43-112. Licensed respiratory care practitioner; use of L.R.C.P.professional.

 

(a) A person holding a license to practice respiratory care inthis state may use the title, "licensed respiratory carepractitioner" and the abbreviation, "L.R.C.P.".

 

(b) A licensee shall show his license when requested.

 

33-43-113. Renewal of license; lapse; reinstatement.

 

(a) A license shall be renewed annually except as hereafterprovided. The board shall mail notices and applications for renewal at leastsixty (60) calendar days prior to expiration for renewal of licenses to everyperson to whom a license was issued or renewed during the preceding renewalperiod. The licensee shall complete the application for renewal and return itto the board with the renewal fee set by the board in accordance with W.S.33-1-201 before the date of expiration.

 

(b) Upon receipt of the application for renewal and the fee,the board shall verify its contents and shall issue the license for the currentrenewal period, which shall be valid for the period stated thereon. The boardmay establish continuing education requirements for annual renewal of thelicense.

 

(c) A licensee who allows his license to lapse by failing torenew it, may be reinstated by the board upon payment of the renewal fee andreinstatement fee set by the board in accordance with W.S. 33-1-201 providedthat the request for reinstatement is made within thirty (30) days of the endof the renewal period.

 

(d) A respiratory care practitioner who does not engage in thepractice of respiratory care during the succeeding renewal period is notrequired to pay the renewal fee as long as he remains inactive. If he desiresto resume the practice of respiratory care, he shall notify the board of hisintent and shall satisfy the current requirements of the board in addition toremitting the renewal fee for the current renewal period and the reinstatementfee.

 

(e) The board is authorized to establish reasonable fees forreplacement and duplicate licenses.

 

33-43-114. Disposition of fees.

 

Fees received by the board and any moniescollected under this act shall be deposited with the state treasurer, who shallcredit the money to a separate account which shall only be used by the board todefray costs incurred in the administration of this act.

 

33-43-115. License revocation; discipline.

 

(a) The board may revoke, suspend or refuse to renew anylicense or permit or place on probation, or otherwise reprimand a licensee orpermit holder or deny a license to an applicant if, after hearing, it findsthat the person:

 

(i) Is guilty of fraud or deceit in procuring or attempting toprocure a license or renewal of license to practice respiratory care;

 

(ii) Is unfit or incompetent by reason of negligence, habits orother causes of incompetency as defined in the rules and regulationspromulgated by the board;

 

(iii) Is addicted to a drug or intoxicant to a degree to renderthe licensee unsafe or unfit to practice respiratory care;

 

(iv) Is guilty of unprofessional conduct as defined by the rulesestablished by the board, or has violated the code of ethics adopted andpublished by the board;

 

(v) Has practiced respiratory care after his license or permithas expired or has been suspended;

 

(vi) Has practiced respiratory care under cover of any permit orlicense illegally or fraudulently obtained or issued;

 

(vii) Has violated or aided or abetted others in violation of anyprovision of this act.

 

(b) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order.

 

33-43-116. Board hearings; investigations.

 

(a) Upon filing of written complaint with the board, charging aperson with having been guilty of any of the acts described in W.S. 33-43-115,the administrative secretary, or other authorized employee of the board shallmake an investigation. If the board finds reasonable grounds for the complaint,a time and place for a hearing shall be set, notice of which shall be served onthe licensee, permit holder or applicant at least fifteen (15) calendar daysprior thereto. The notice shall be by personal service or by certified orregistered mail sent to the last known address of the person.

 

(b) The board may issue subpoenas for the attendance ofwitnesses and the production of necessary evidence in any hearing before it.Upon request of the respondent or his counsel, the board shall issue subpoenason behalf of the respondent.

 

(c) Unless otherwise provided in this act, hearing proceduresshall be promulgated in accordance with, and a person aggrieved by a decisionof the board may take an appeal pursuant to, the Wyoming AdministrativeProcedure Act.

 

33-43-117. Exceptions.

 

(a) No person shall practice respiratory care or representhimself to be a respiratory care practitioner unless he is licensed under thisact, except as otherwise provided by this act.

 

(b) This act does not prohibit:

 

(i) The practice of respiratory care which is an integral partof the program of study by students enrolled in a respiratory care educationprogram recognized by the committee on accreditation for respiratory care(CoARC) or its successor. Students enrolled in a respiratory therapy careeducation program shall be identified as "student-respiratory carepractitioner" and shall only provide respiratory care under directclinical supervision;

 

(ii) Self-care by a patient, or gratuitous care by a friend orfamily member who does not represent or hold himself out to be a respiratorycare practitioner;

 

(iii) Respiratory care services rendered in the course of anemergency;

 

(iv) Respiratory care rendered by persons in the militaryservices or working in federal facilities when functioning in the course oftheir assigned duties;

 

(v) The respiratory care practitioner from performing advancesin the art and techniques of respiratory care learned through formalized orspecialized training;

 

(vi) An individual, other than a respiratory care practitioner,employed by a home medical equipment company, from installing and maintaininghome respiratory equipment, provided he does not perform patient assessment orpatient care relating to home respiratory care.

 

(c) Nothing in this act is intended to limit, preclude orotherwise interfere with the practices of other persons and health providerslicensed by appropriate agencies of the state of Wyoming.

 

(d) An individual who, by passing an examination which includescontent in one (1) or more of the functions included in this act, offered by atesting body certified by the national commission for health certifyingagencies or its equivalent, shall not be prohibited from performing proceduresfor which they were tested.

 

(e) Nothing in this act shall be construed to permit thepractice of medicine.

 

33-43-118. Offenses.

 

(a) It is a violation of this act for any person to:

 

(i) Sell, fraudulently obtain or furnish any respiratory carepermit, license or record, or aid or abet therein;

 

(ii) Practice respiratory care under cover of any respiratorycare diploma, permit, license or record illegally or fraudulently obtained orissued;

 

(iii) Practice respiratory care unless duly licensed or otherwiseauthorized to do so under the provisions of this act;

 

(iv) Impersonate in any manner or pretend to be a respiratorycare practitioner or use the title, "licensed respiratory carepractitioner," the letters, "L.R.C.P.," or any other words,letters, signs, symbols or devices to indicate the person using them is alicensed respiratory care practitioner, unless duly authorized by license orpermit to perform under the provisions of this act;

 

(v) Practice respiratory care during the time his license orpermit is suspended, revoked or expired;

 

(vi) Fail to notify the board of the suspension, probation orrevocation of any past or currently held licenses, certifications orregistrations required to practice respiratory care in this or any otherjurisdiction;

 

(vii) Knowingly employ unlicensed persons in the practice ofrespiratory care in the capacity of a respiratory care practitioner;

 

(viii) Make false representations or impersonate or act as a proxyfor another person or allow or aid any person to impersonate him in connectionwith any examination for licensing or request to be examined or licensed;

 

(ix) Otherwise violate any provision of this act.

 

(b) Any violation of this act is a misdemeanor and uponconviction shall be punishable by a fine of not more than one thousand dollars($1,000.00), imprisonment for not more than six (6) months, or both fine andimprisonment for each offense.

 

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