HB 0243 2004
1	A bill to be entitled
2	An act relating to respiratory therapy; amending s.
3	468.352, F.S.; revising and providing definitions
4	applicable to the regulation of respiratory therapy;
5	amending s. 468.355, F.S.; revising provisions relating to
6	respiratory therapy licensure and testing requirements;
7	amending s. 468.368, F.S.; revising exemptions from
8	respiratory therapy licensure requirements; repealing s.
9	468.356, F.S., relating to the approval of educational
10	programs; repealing s. 468.357, F.S., relating to
11	licensure by examination; providing effective dates.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Section 468.352, Florida Statutes, is amended
16	to read:
17	(Substantial rewording of section. See
18	s. 468.352, F.S., for present text.)
19	468.352 Definitions.--As used in this part, the term:
20	(1) "Board" means the Board of Respiratory Care.
21	(2) "Certified respiratory therapist" means any person
22	licensed pursuant to this part who is certified by the National
23	Board for Respiratory Care or its successor; who is employed to
24	deliver respiratory care services, under the order of a
25	physician licensed pursuant to chapter 458 or chapter 459, in
26	accordance with protocols established by a hospital or other
27	health care provider or the board; and who functions in
28	situations of unsupervised patient contact requiring individual
29	judgment.
30	(3) "Critical care" means care given to a patient in any
31	setting involving a life-threatening emergency.
32	(4) "Department" means the Department of Health.
33	(5) "Direct supervision" means practicing under the
34	direction of a licensed, registered, or certified respiratory
35	therapist who is physically on the premises and readily
36	available, as defined by the board.
37	(6) "Physician supervision" means supervision and control
38	by a physician licensed under chapter 458 or chapter 459 who
39	assumes the legal liability for the services rendered by the
40	personnel employed in his or her office. Except in the case of
41	an emergency, physician supervision requires the easy
42	availability of the physician within the office or the physical
43	presence of the physician for consultation and direction of the
44	actions of the persons who deliver respiratory care services.
45	(7) "Practice of respiratory care" or "respiratory
46	therapy" means the allied health specialty associated with the
47	cardiopulmonary system that is practiced under the orders of a
48	physician licensed under chapter 458 or chapter 459 and in
49	accordance with protocols, policies, and procedures established
50	by a hospital or other health care provider or the board,
51	including the assessment, diagnostic evaluation, treatment,
52	management, control, rehabilitation, education, and care of
53	patients in all care settings.
54	(8) "Registered respiratory therapist" means any person
55	licensed under this part who is registered by the National Board
56	for Respiratory Care or its successor; who is employed to
57	deliver respiratory care services under the order of a physician
58	licensed under chapter 458 or chapter 459, in accordance with
59	protocols established by a hospital or other health care
60	provider or the board; and who functions in situations of
61	unsupervised patient contact requiring individual judgment.
62	(9) "Respiratory care practitioner" means any person
63	licensed under this part who is employed to deliver respiratory
64	care services, under direct supervision, pursuant to the order
65	of a physician licensed under chapter 458 or chapter 459.
66	(10) "Respiratory care services" includes:
67	(a) Evaluation and disease management.
68	(b) Diagnostic and therapeutic use of respiratory
69	equipment, devices, or medical gas.
70	(c) Administration of drugs, as duly ordered or prescribed
71	by a physician licensed under chapter 458 or chapter 459 and in
72	accordance with protocols, policies, and procedures established
73	by a hospital or other health care provider or the board.
74	(d) Initiation, management, and maintenance of equipment
75	to assist and support ventilation and respiration.
76	(e) Diagnostic procedures, research, and therapeutic
77	treatment and procedures, including measurement of ventilatory
78	volumes, pressures, and flows; specimen collection and analysis
79	of blood for gas transport and acid/base determinations;
80	pulmonary-function testing; and other related physiological
81	monitoring of cardiopulmonary systems.
82	(f) Cardiopulmonary rehabilitation.
83	(g) Cardiopulmonary resuscitation, advanced cardiac life
84	support, neonatal resuscitation, and pediatric advanced life
85	support, or equivalent functions.
86	(h) Insertion and maintenance of artificial airways and
87	intravascular catheters.
88	(i) Education of patients, families, the public, or other
89	health care providers, including disease process and management
90	programs and smoking prevention and cessation programs.
91	(j) Initiation and management of hyperbaric oxygen.
92	Section 2. Section 468.355, Florida Statutes, is amended
93	to read:
94	(Substantial rewording of section. See
95	s. 468.355, F.S., for present text.)
96	468.355 Licensure requirements.--To be eligible for
97	licensure by the board, an applicant must be an active
98	"Certified Respiratory Therapist" or an active "Registered
99	Respiratory Therapist" as designated by the National Board for
100	Respiratory Care or its successor.
101	Section 3. Section 468.368, Florida Statutes, is amended
102	to read:
103	(Substantial rewording of section. See
104	s. 468.368, F.S., for present text.)
105	468.368 Exemptions.--This part may not be construed to
106	prevent or restrict the practice, service, or activities of:
107	(1) Any person licensed in this state by any other law
108	from engaging in the profession or occupation for which he or
109	she is licensed.
110	(2) Any legally qualified person in this state or another
111	state or territory who is employed by the United States
112	Government or any agency thereof, while such person is
113	discharging his or her official duties.
114	(3) A friend or family member who is providing respiratory
115	care services to an ill person and who does not represent
116	himself or herself as a respiratory care practitioner or
117	respiratory therapist.
118	(4) An individual providing respiratory care services in
119	an emergency who does not represent himself or herself as a
120	respiratory care practitioner or respiratory therapist.
121	(5) Any individual employed to deliver, assemble, set up,
122	or test equipment for use in a home, upon the order of a
123	physician licensed pursuant to chapter 458 or chapter 459. This
124	subsection does not authorize the practice of respiratory care
125	without a license.
126	(6) Any individual certified or registered as a pulmonary
127	function technologist who is credentialed by the National Board
128	for Respiratory Care for performing cardiopulmonary diagnostic
129	studies.
130	(7) Any student who is enrolled in an accredited
131	respiratory care program approved by the board, while performing
132	respiratory care as an integral part of a required course.
133	(8) A surrogate family member who is delivering incidental
134	respiratory care to a noninstitutionalized person and who does
135	not represent himself or herself as a respiratory care
136	practitioner or respiratory therapist.
137	(9) Any individual credentialed by the Underseas
138	Hyperbaric Society in hyperbaric medicine or its equivalent, as
139	determined by the board, while performing related duties. This
140	subsection does not authorize the practice of respiratory care
141	without a license.
142	Section 4. Effective January 1, 2005, sections 468.356 and
143	468.357, Florida Statutes, are repealed.
144	Section 5. Except as otherwise provided herein, this act
145	shall take effect upon becoming a law.