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Am. H. B. No. 165 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Thompson, Wachtmann, Beck, Hood, Huffman, Scherer, Schuring, Sears Speaker Batchelder
A BILL
To amend sections 4761.01 and 4761.11 of the Revised
Code to exempt certified hyperbaric technologists
from the laws governing the practice of
respiratory care.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4761.01 and 4761.11 of the Revised
Code be amended to read as follows:
Sec. 4761.01. As used in this chapter:
(A) "Respiratory care" means rendering or offering to render
to individuals, groups, organizations, or the public any service
involving the evaluation of cardiopulmonary function, the
treatment of cardiopulmonary impairment, the assessment of
treatment effectiveness, and the care of patients with
deficiencies and abnormalities associated with the cardiopulmonary
system. The practice of respiratory care includes:
(1) Obtaining, analyzing, testing, measuring, and monitoring
blood and gas samples in the determination of cardiopulmonary
parameters and related physiologic data, including flows,
pressures, and volumes, and the use of equipment employed for this
purpose;
(2) Administering, monitoring, recording the results of, and
instructing in the use of medical gases, aerosols, and
bronchopulmonary hygiene techniques, including drainage,
aspiration, and sampling, and applying, maintaining, and
instructing in the use of artificial airways, ventilators, and
other life support equipment employed in the treatment of
cardiopulmonary impairment and provided in collaboration with
other licensed health care professionals responsible for providing
care;
(3) Performing cardiopulmonary resuscitation and respiratory
rehabilitation techniques;
(4) Administering medications for the testing or treatment of
cardiopulmonary impairment.
(B) "Respiratory care professional" means a person who is
licensed under this chapter to practice the full range of
respiratory care services as defined in division (A) of this
section.
(C) "Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.
(D) "Registered nurse" means an individual licensed under
Chapter 4723. of the Revised Code to engage in the practice of
nursing as a registered nurse.
(E) "Hospital" means a facility that meets the operating
standards of section 3727.02 of the Revised Code.
(F) "Nursing facility" has the same meaning as in section
5111.20 of the Revised Code.
(G) "Certified hyperbaric technologist" means a person who
administers hyperbaric oxygen therapy and is certified as a
hyperbaric technologist by the national board of diving and
hyperbaric medical technology or its successor organization.
(H) "Hyperbaric oxygen therapy" means the administration of
pure oxygen in a pressurized room or chamber, except that it does
not include ventilator management.
Sec. 4761.11. (A) Nothing in this chapter shall be construed
to prevent or restrict the practice, services, or activities of
any person who:
(1) Is a health care professional licensed by this state
providing respiratory care services included in the scope of
practice established by the license held, as long as the person
does not represent that the person is engaged in the practice of
respiratory care;
(2) Is employed as a respiratory care professional by an
agency of the United States government and provides respiratory
care solely under the direction or control of the employing
agency;
(3) Is a student enrolled in a board-approved respiratory
care education program leading to a certificate of completion in
respiratory care and is performing duties that are part of a
supervised course of study;
(4) Is a nonresident of this state practicing or offering to
practice respiratory care, if the respiratory care services are
offered for not more than thirty days in a year, services are
provided under the supervision of a respiratory care professional
licensed under this chapter, and the nonresident registers with
the board in accordance with rules adopted by the board under
section 4761.03 of the Revised Code and meets either of the
following requirements:
(a) Qualifies for licensure under this chapter, except for
passage of the examination required under division (A)(3) of
section 4761.04 of the Revised Code;
(b) Holds a valid license issued by a state that has
licensure requirements considered by the board to be comparable to
those of this state and has not been issued a license in another
state that has been revoked or is currently under suspension or on
probation.
(5) Provides respiratory care only to relatives or in medical
emergencies;
(6) Provides gratuitous care to friends or personal family
members;
(7) Provides only self care;
(8) Is employed in the office of a physician and renders
medical assistance under the physician's direct supervision
without representing that the person is engaged in the practice of
respiratory care;
(9) Is employed in a clinical chemistry or arterial blood gas
laboratory and is supervised by a physician without representing
that the person is engaged in the practice of respiratory care;
(10) Is engaged in the practice of respiratory care as an
employee of a person or governmental entity located in another
state and provides respiratory care services for less than
seventy-two hours to patients being transported into, out of, or
through this state;
(11) Is employed as a certified hyperbaric technologist and
administers hyperbaric oxygen therapy under the physician's direct
supervision without representing that the person is engaged in the
practice of respiratory care.
(B) Nothing in this chapter shall be construed to prevent any
person from advertising, describing, or offering to provide
respiratory care or billing for respiratory care when the
respiratory care services are provided by a health care
professional licensed by this state practicing within the scope of
practice established by the license held. Nothing in this chapter
shall be construed to prevent a hospital or nursing facility from
advertising, describing, or offering to provide respiratory care,
or billing for respiratory care rendered by a person licensed
under this chapter or persons who may provide limited aspects of
respiratory care or respiratory care tasks pursuant to division
(B) of section 4761.10 of the Revised Code.
(C) Notwithstanding division (A) of section 4761.10 of the
Revised Code, in a life-threatening situation, in the absence of
licensed personnel, unlicensed persons shall not be prohibited
from taking life-saving measures.
(D) Nothing in this chapter shall be construed as authorizing
a respiratory care professional to practice medicine and surgery
or osteopathic medicine and surgery. This division does not
prohibit a respiratory care professional from administering
topical or intradermal medications for the purpose of producing
localized decreased sensation as part of a procedure or task that
is within the scope of practice of a respiratory care
professional.
Section 2. That existing sections 4761.01 and 4761.11 of the
Revised Code are hereby repealed.
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