The Florida Senate

468.368  Exemptions.--Nothing in this part shall be construed to prohibit:

(1)  The delivery of respiratory care services by medical personnel who have been formally trained in these modalities and who are duly licensed or have credentials pertaining to their respective professions.

(2)  Cardiopulmonary testing by individuals who have been issued credentials by the National Board for Respiratory Care as Certified Pulmonary Function Technologists (CPFT), or cardiopulmonary testing by individuals employed by health care facilities when those individuals are eligible for examination for the Certified Pulmonary Function Technologist (CPFT) credential issued by the National Board for Respiratory Care, have made application for such examination, and have paid the examination fee and any other required fees.

(3)  The delivery of respiratory care services by students as an integral part of the programs of study of students enrolled in educational programs of any health care profession, as determined by board rule.

(4)  The delivery of respiratory care services by any legally qualified person of this state or of any other state or territory who is employed by the United States Government or any agency thereof, while such person is in the discharge of his or her official duties.

(5)  The gratuitous care of an ill person by a friend or member of the family who does not represent himself or herself as, or hold himself or herself out to be, a respiratory care practitioner or respiratory therapist.

(6)  Respiratory care services provided in case of an emergency by an individual who does not represent himself or herself as, or hold himself or herself out to be, a respiratory care practitioner or respiratory therapist.

(7)  The delivery of respiratory care services by individuals employed in the office of, and under the direct supervision and control of, a physician licensed pursuant to chapter 458 or chapter 459.

(8)  The employment by a health care facility of a student enrolled in the clinical portion of an approved respiratory care educational program (who has demonstrated such enrollment to the board by submission of evidence satisfactory to the board) to deliver limited respiratory care support services under the supervision of personnel licensed pursuant to this part. Such exemption shall also apply to the graduates of such programs until the receipt of temporary licensure issued pursuant to the provisions of s. 468.355(3). However, such employees shall not perform invasive procedures or procedures related to critical respiratory care, including therapeutic, diagnostic, and palliative procedures, nor shall they participate in delivering certain services requiring unsupervised patient contact, as determined by the board.

(9)  The delivery, assembly, setup, testing, and demonstration of oxygen, aerosol, and intermittent positive pressure breathing equipment for use in the home upon the order of a physician licensed pursuant to chapter 458 or chapter 459.

(10)  The delivery of incidental respiratory care of sick or disabled noninstitutionalized persons by surrogate family members as long as such persons do not represent themselves as, or hold themselves out to be, respiratory care practitioners or respiratory therapists.

History.--ss. 1, 3, ch. 84-252; s. 10, ch. 86-60; s. 6, ch. 87-553; s. 4, ch. 91-429; s. 297, ch. 97-103; s. 143, ch. 97-264.