As Reported by the House Health and Aging Committee

130th General Assembly
Regular Session
2013-2014
Am. H. B. No. 165


Representative Roegner 

Cosponsors: Representatives Thompson, Wachtmann 



A BILL
To amend sections 4761.01 and 4761.11 of the Revised 1
Code to exempt certified hyperbaric technologists 2
from the laws governing the practice of 3
respiratory care.4


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 4761.01 and 4761.11 of the Revised 5
Code be amended to read as follows:6

       Sec. 4761.01.  As used in this chapter:7

       (A) "Respiratory care" means rendering or offering to render 8
to individuals, groups, organizations, or the public any service 9
involving the evaluation of cardiopulmonary function, the 10
treatment of cardiopulmonary impairment, the assessment of 11
treatment effectiveness, and the care of patients with 12
deficiencies and abnormalities associated with the cardiopulmonary 13
system. The practice of respiratory care includes:14

       (1) Obtaining, analyzing, testing, measuring, and monitoring 15
blood and gas samples in the determination of cardiopulmonary 16
parameters and related physiologic data, including flows, 17
pressures, and volumes, and the use of equipment employed for this 18
purpose;19

       (2) Administering, monitoring, recording the results of, and 20
instructing in the use of medical gases, aerosols, and 21
bronchopulmonary hygiene techniques, including drainage, 22
aspiration, and sampling, and applying, maintaining, and 23
instructing in the use of artificial airways, ventilators, and 24
other life support equipment employed in the treatment of 25
cardiopulmonary impairment and provided in collaboration with 26
other licensed health care professionals responsible for providing 27
care;28

       (3) Performing cardiopulmonary resuscitation and respiratory 29
rehabilitation techniques;30

       (4) Administering medications for the testing or treatment of 31
cardiopulmonary impairment.32

       (B) "Respiratory care professional" means a person who is 33
licensed under this chapter to practice the full range of 34
respiratory care services as defined in division (A) of this 35
section.36

       (C) "Physician" means an individual authorized under Chapter 37
4731. of the Revised Code to practice medicine and surgery or 38
osteopathic medicine and surgery.39

       (D) "Registered nurse" means an individual licensed under 40
Chapter 4723. of the Revised Code to engage in the practice of 41
nursing as a registered nurse.42

       (E) "Hospital" means a facility that meets the operating 43
standards of section 3727.02 of the Revised Code.44

       (F) "Nursing facility" has the same meaning as in section 45
5111.20 of the Revised Code.46

       (G) "Certified hyperbaric technologist" means a person who 47
administers hyperbaric oxygen therapy and is certified as a 48
hyperbaric technologist by the national board of diving and 49
hyperbaric medical technology or its successor organization.50

       (H) "Hyperbaric oxygen therapy" means the administration of 51
pure oxygen in a pressurized room or chamber, except that it does 52
not include ventilator management.53

       Sec. 4761.11.  (A) Nothing in this chapter shall be construed 54
to prevent or restrict the practice, services, or activities of 55
any person who:56

       (1) Is a health care professional licensed by this state 57
providing respiratory care services included in the scope of 58
practice established by the license held, as long as the person 59
does not represent that the person is engaged in the practice of 60
respiratory care;61

       (2) Is employed as a respiratory care professional by an 62
agency of the United States government and provides respiratory 63
care solely under the direction or control of the employing 64
agency;65

       (3) Is a student enrolled in a board-approved respiratory 66
care education program leading to a certificate of completion in 67
respiratory care and is performing duties that are part of a 68
supervised course of study;69

       (4) Is a nonresident of this state practicing or offering to 70
practice respiratory care, if the respiratory care services are 71
offered for not more than thirty days in a year, services are 72
provided under the supervision of a respiratory care professional 73
licensed under this chapter, and the nonresident registers with 74
the board in accordance with rules adopted by the board under 75
section 4761.03 of the Revised Code and meets either of the 76
following requirements:77

       (a) Qualifies for licensure under this chapter, except for 78
passage of the examination required under division (A)(3) of 79
section 4761.04 of the Revised Code;80

       (b) Holds a valid license issued by a state that has 81
licensure requirements considered by the board to be comparable to 82
those of this state and has not been issued a license in another 83
state that has been revoked or is currently under suspension or on 84
probation.85

       (5) Provides respiratory care only to relatives or in medical 86
emergencies;87

       (6) Provides gratuitous care to friends or personal family 88
members;89

       (7) Provides only self care;90

       (8) Is employed in the office of a physician and renders 91
medical assistance under the physician's direct supervision 92
without representing that the person is engaged in the practice of 93
respiratory care;94

       (9) Is employed in a clinical chemistry or arterial blood gas 95
laboratory and is supervised by a physician without representing 96
that the person is engaged in the practice of respiratory care;97

       (10) Is engaged in the practice of respiratory care as an 98
employee of a person or governmental entity located in another 99
state and provides respiratory care services for less than 100
seventy-two hours to patients being transported into, out of, or 101
through this state;102

       (11) Is employed as a certified hyperbaric technologist and 103
administers hyperbaric oxygen therapy under the physician's direct 104
supervision without representing that the person is engaged in the 105
practice of respiratory care.106

       (B) Nothing in this chapter shall be construed to prevent any 107
person from advertising, describing, or offering to provide 108
respiratory care or billing for respiratory care when the 109
respiratory care services are provided by a health care 110
professional licensed by this state practicing within the scope of 111
practice established by the license held. Nothing in this chapter 112
shall be construed to prevent a hospital or nursing facility from 113
advertising, describing, or offering to provide respiratory care, 114
or billing for respiratory care rendered by a person licensed 115
under this chapter or persons who may provide limited aspects of 116
respiratory care or respiratory care tasks pursuant to division 117
(B) of section 4761.10 of the Revised Code.118

       (C) Notwithstanding division (A) of section 4761.10 of the 119
Revised Code, in a life-threatening situation, in the absence of 120
licensed personnel, unlicensed persons shall not be prohibited 121
from taking life-saving measures.122

       (D) Nothing in this chapter shall be construed as authorizing 123
a respiratory care professional to practice medicine and surgery 124
or osteopathic medicine and surgery. This division does not 125
prohibit a respiratory care professional from administering 126
topical or intradermal medications for the purpose of producing 127
localized decreased sensation as part of a procedure or task that 128
is within the scope of practice of a respiratory care 129
professional.130

       Section 2.  That existing sections 4761.01 and 4761.11 of the 131
Revised Code are hereby repealed.132