TITLE XXX
OCCUPATIONS AND PROFESSIONS
Chapter 326-E
RESPIRATORY CARE PRACTICE
Section 326-E:1
326-E:1 Definitions. –
As used in this chapter and RSA 328-F:
I. "Board" means the advisory board of respiratory care practitioners.
II. "Certified pulmonary function technician" or "CPFT" means a person having successfully completed and achieved a passing score on the entry level examination in pulmonary function and maintained the related credential issued by the National Board for Respiratory Care, Inc.
III. "Consultation by telecommunication" means that a respiratory care practitioner renders professional or expert opinion or advice via telecommunications or computer technology from another location. It includes the transfer of data or exchange of educational or related information by any means of audio, video, or data communications.
III-a. "Executive director" means the executive director of the office of professional licensure and certification or designee.
IV. "National Board for Respiratory Care, Inc." or "NBRC" means the national voluntary health certifying board that evaluates the professional competence of respiratory therapists and pulmonary function technicians, or its successor organization.
V. "Nurse practitioner" means a person licensed to practice as an advanced practice registered nurse in this state pursuant to RSA 326-B:18.
VI. "Physician" means a person licensed to practice medicine in this state pursuant to RSA 329.
VII. "Physician assistant" means a person licensed to practice as a physician assistant pursuant to RSA 328-D.
VIII. "Registered polysomnographic technologist" or "RPSGT" means a person having successfully completed and achieved a passing score on the comprehensive registry examination for polysomnographic technologists administered by the Board of Registered Polysomnographic Technologists or its successor organization.
IX. "Registered pulmonary function technologist" or "RPFT" means a person having successfully completed and achieved a passing score on the advanced level examination in pulmonary function and maintained the related credential issued by the National Board for Respiratory Care, Inc.
X. "Respiratory care" means the treatment, management, diagnostic testing and evaluation of responses to respiratory or medical treatment and care of individuals or groups of individuals either having deficiencies or abnormalities of the cardiopulmonary system or requiring support of the cardiopulmonary system. Respiratory care is given in accordance with the prescription of a physician, nurse practitioner, or physician assistant. Respiratory care includes the implementation of respiratory care strategies and modalities, and the administration of pharmacological, diagnostic, and therapeutic agents necessary to implement a treatment, disease or injury prevention, rehabilitative or diagnostic regimen. Respiratory care includes, but is not limited to: initiating emergency procedures; providing health counseling and teaching; assembly, repair, testing and maintenance of respiratory equipment; and those respiratory care activities that require a substantial amount of scientific knowledge or technical skill.
XI. "Respiratory care educational program" means a program accredited by the American Medical Association's Committee on Allied Health Education and Accreditation in collaboration with the Joint Review Committee for Respiratory Therapy Education, by the Committee on Accreditation for Respiratory Care, or by the Commission on Accreditation of Allied Health Education Programs, or their successor organizations.
XII. "Respiratory care practitioner" means a person who is:
(a) Licensed in the practice or performance of respiratory care who has the knowledge and skill necessary to administer the functions defined in paragraph X of this section.
(b) Capable of serving as a resource in relation to the clinical and technical aspects of respiratory care as to the safe and effective methods for administering respiratory care modalities.
(c) Able to function in situations of unsupervised patient contact requiring individual judgment.
(d) Capable of supervising, directing, and teaching less skilled personnel in the provision of respiratory care services.
Source. 2003, 310:2. 2005, 293:9. 2009, 54:5, eff. July 21, 2009. 2022, 72:10, 11, eff. July 19, 2022.
Section 326-E:2
326-E:2 Rulemaking. –
The executive director, in consultation with the advisory board, shall adopt rules pursuant to RSA 541-A:
I. Specifying the limited scopes of practice permitted to certified pulmonary function technicians, registered pulmonary function technologists and registered polysomnographic technologists.
II. Relating to materiel management.
III. Specifying the eligibility requirements to be met by persons or entities seeking approval as providers of continuing education programs.
IV. Specifying the standards to be met by continuing education programs.
V. Specifying the professional organizations, or the standards to be met by professional organizations, whose approval of education programs qualifies the programs as board-approved continuing education.
VI. Respiratory care practice, including rules regarding the procedures for granting, revoking, and reinstating a license.
Source. 2003, 310:2, eff. July 1, 2003. 2021, 197:26, eff. July 1, 2021. 2022, 72:12, 13, eff. July 19, 2022.
Section 326-E:3
326-E:3 Requirements for Initial Licensure. –
I. An applicant for an initial license to practice respiratory care shall be of good professional character and shall:
(a) Be a graduate of a respiratory care educational program as defined in RSA 326-E:1, XI; or
(b) Have successfully completed and achieved a passing score for the entry level exam administered in English by the National Board for Respiratory Care, Inc. prior to July 31, 1977.
II. An applicant for initial licensure shall also be required to pass a standardized national examination administered in English by the National Board for Respiratory Care, Inc. or by a successor organization approved in rules adopted by the executive director, in consultation with the advisory board, pursuant to RSA 541-A.
III. An applicant for initial licensure shall be required to certify under oath that the applicant is not under investigation by any professional licensing board and that the applicant's credentials have not been suspended or revoked by any professional licensing board.
IV. An applicant for initial licensure who has not practiced as a respiratory care practitioner for at least 500 hours per year during the 4 years prior to filing the application shall be required to successfully complete continuing education and continuing competency requirements set forth in rules adopted by the executive director, in consultation with the advisory board, pursuant to RSA 541-A.
Source. 2003, 310:2, eff. July 1, 2003. 2022, 72:14, eff. July 19, 2022.
Section 326-E:4
326-E:4 Professional Identification. –
I. A person holding a license to practice respiratory care in this state shall use the title "respiratory care practitioner" and the abbreviation, "R.C.P.".
II. The licensee shall show his or her license when requested.
III. A person matriculated in an accredited respiratory care or polysomnographic technology education program shall display appropriate identification.
IV. A person or business entity, its employees, agents, or representatives shall not use in conjunction with that person's name or the activity of the business the words "respiratory care", "respiratory therapy", "respiratory care practitioner", "respiratory therapist", the letters "R.T." or "R.C.P", or any other words, abbreviations, or insignia indicating or implying directly or indirectly that respiratory care is provided or supplied, including the billing of services labeled as respiratory care, unless such services are provided by or under the direction of a respiratory care practitioner licensed under this chapter.
Source. 2003, 310:2, eff. July 1, 2003.
Section 326-E:5
326-E:5 Advisory Board of Respiratory Care Practitioners. –
The executive director shall establish an advisory board of respiratory care practitioners consisting of 3 members who shall be licensed respiratory care practitioners. Each member shall be appointed to a term of 3 years. No member shall serve more than 2 consecutive full terms. The advisory board shall advise the executive director regarding the implementation of this chapter.
Source. 2003, 310:2, eff. July 1, 2003. 2021, 197:28, I, eff. July 1, 2021. 2022, 72:15, eff. July 19, 2022.
Section 326-E:6
326-E:6 Exemptions From Licensure. –
I. This chapter shall not prohibit:
(a) A person matriculated in an education program approved by the board who is pursuing a degree in respiratory care or respiratory therapy from satisfying supervised clinical education requirements related to the person's respiratory care education while under direct supervision of a respiratory care practitioner or physician.
(b) A respiratory care practitioner from practicing in the Armed Forces, federal public health services, or the Department of Veterans Affairs, pursuant to federal regulations of health care providers.
(c) A respiratory care practitioner who is licensed in another jurisdiction of the United States from providing consultation by telecommunication.
(d) A respiratory care practitioner who is licensed in another jurisdiction of the United States or foreign educated respiratory care practitioner credentialed in another country from practicing respiratory care in conjunction with teaching or participating in an educational seminar of no more than 60 days in a calendar year.
(e) Respiratory care performed as part of a limited scope of practice, as defined by the executive director, in consultation with the advisory board, by certified pulmonary function technicians (CPFT), registered pulmonary function technologists (RPFT) or registered polysomnographic technologists (RPSGT) in a diagnostic laboratory or research setting.
(f) Respiratory care rendered in an emergency.
(g) Self care by a patient or gratuitous care by family members or friends who do not represent themselves as respiratory care practitioners.
(h) A respiratory care practitioner who is licensed in another jurisdiction of the United States or foreign educated respiratory care practitioner credentialed in another country from practicing respiratory care in conjunction with the interfacility transport of a critically ill patient.
(i) A polysomnography trainee from fulfilling the training and experiential clinical requirements established by the Board of Polysomnographic Technologists for eligibility for the RPSGT examination, while working under the indirect supervision of a physician, a respiratory care practitioner, or a RPSGT.
II. This chapter shall not restrict a person licensed under any other law of this state from engaging in the profession or practice for which that person is licensed if that person does not represent, imply, or claim that he or she is a respiratory care practitioner or a provider of respiratory care.
Source. 2003, 310:2, eff. July 1, 2003. 2022, 72:16, eff. July 19, 2022.
Section 326-E:7
326-E:7 Rights of Consumers. –
I. [Repealed.]
II. A respiratory care practitioner shall inform each patient that the patient has the freedom of choice in services and products.
III. Any person may submit a complaint in writing to the executive director regarding any licensee, entity, or other person potentially in violation of this chapter. Confidentiality shall be maintained subject to state and federal law.
IV. (a) Information relating to the respiratory care practitioner-patient relationship is confidential and shall not be related to a third party who is not involved with the patient's care without the prior written consent of the patient.
(b) Confidential communications between licensees and their patients are placed on the same legal basis as those between physician and patient, and, except as otherwise provided by law, no licensee shall be required to disclose such privileged communications. Confidential communications between a patient of a licensee and any person working under the supervision of such licensee to provide services that are customary and necessary for diagnosis and treatment are privileged to the same extent as would be the same communications between the supervising licensee and the patient.
(c) The privilege established in subparagraph (b) shall not apply to investigations and disciplinary proceedings conducted by any agency regulating health professions in this state.
Source. 2003, 310:2, eff. July 1, 2003. 2021, 197:28, II, eff. July 1, 2021. 2022, 72:17, eff. July 19, 2022.
Section 326-E:8
326-E:8 Responsibilities of the Respiratory Care Practitioner. –
I. The respiratory care practitioner is responsible for managing all aspects of the respiratory care of each patient under the orders of a physician, physician assistant, or nurse practitioner. The respiratory care practitioner shall provide:
(a) Written documentation of therapeutic effectiveness of care provided.
(b) Periodic written evaluation of each patient.
(c) Written documentation of diagnostic studies performed.
II. The respiratory care practitioner shall be aware of and abide by this chapter, and the rules adopted by the executive director, in consultation with the advisory board.
III. Each licensee shall provide his or her employer with a copy of his or her license, conditional license, current renewal verification or proof of reinstatement of license. This copy shall be available for public review upon request. The employer shall maintain a list of all persons providing respiratory care at his or her facility for review by the executive director upon request.
IV. In response to board inquires relevant to the status of their licenses or their practice of respiratory care, licensees shall provide complete and truthful information to the executive director.
V. Licensees shall notify the executive director if licenses, renewal verification cards, or other proofs of licensure are lost or stolen.
VI. Licensees shall maintain their current business and residential addresses on file with the office of professional licensure and certification. Changes in addresses shall be submitted no later than 30 days from the date of change.
VII. Each licensee shall notify the executive director of those acts or omissions that are violations of this chapter or are grounds for disciplinary action.
Source. 2003, 310:2, eff. July 1, 2003. 2022, 72:18, eff. July 19, 2022.
Section 326-E:9
326-E:9 Materiel Management. –
The assembly, delivery, maintenance, repair, and testing of respiratory care equipment and supplies shall be performed by respiratory care practitioners and other personnel in conformity with rules adopted by the board under RSA 541-A.
Source. 2003, 310:2, eff. July 1, 2003.
Section 326-E:10
326-E:10 Eligibility for License Renewal. –
Licensees are eligible for renewal of their licenses if the licensees:
I. Have not violated this chapter or RSA 328-F nor demonstrated poor professional character.
II. Meet any continuing education and continuing competency requirements established by the executive director, in consultation with the advisory board, in rules adopted pursuant to RSA 541-A.
Source. 2003, 310:2, eff. July 1, 2003. 2022, 72:19, eff. July 19, 2022.
Section 326-E:11
326-E:11 Approved Continuing Education Programs and Program Providers. –
I. Education programs accepted by the executive director, in consultation with the advisory board, in fulfillment of the continuing education required for license renewal are:
(a) Programs approved by the American Association for Respiratory Care, or its successor organization.
(b) Education programs approved by other approved professional organizations.
(c) Education programs sponsored by continuing education providers approved by the executive director, in consultation with the advisory board.
II. The executive director, in consultation with the advisory board, is authorized to approve, disapprove, or withdraw approval from providers of respiratory care continuing education programs.
III. The executive director, in consultation with the advisory board, shall establish, through rules adopted pursuant to RSA 541-A, eligibility requirements for the approval of persons and entities as providers of continuing education programs.
IV. The executive director, in consultation with the advisory board, shall set standards for the approval of continuing education programs and for the approval of providers of continuing education programs, including:
(a) Minimum qualifications of faculty.
(b) Curricular topics consistent with the knowledge and skills required for the practice of respiratory care, including biological, physical, social, behavioral, and respiratory care and medical sciences.
(c) Administrative aspects of the program or the provider.
Source. 2003, 310:2, eff. July 1, 2003. 2021, 197:27, eff. July 1, 2021. 2022, 72:20, eff. July 19, 2022.