Senate Bill sb2618

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    Florida Senate - 2003                                  SB 2618

    By Senator Saunders





    37-389A-03

  1                      A bill to be entitled

  2         An act relating to health regulation; amending

  3         s. 468.352, F.S.; revising and providing

  4         definitions applicable to the regulation of

  5         respiratory therapy; amending s. 468.355, F.S.;

  6         revising provisions relating to respiratory

  7         therapy licensure and testing requirements;

  8         amending s. 468.368, F.S.; revising exemptions

  9         from respiratory therapy licensure

10         requirements; repealing s. 468.356, F.S.,

11         relating to the approval of educational

12         programs; repealing s. 468.357, F.S., relating

13         to licensure by examination; providing

14         effective dates.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Section 468.352, Florida Statutes, is

19  amended to read:

20         (Substantial rewording of section. See

21         s. 468.352, F.S., for present text.)

22         468.352  Definitions.--As used in this part, the term:

23         (1)  "Board" means the Board of Respiratory Care.

24         (2)  "Certified respiratory therapist" means any person

25  licensed pursuant to this part who is certified by the

26  National Board for Respiratory Care or its successor; who is

27  employed to deliver respiratory care services, under the order

28  of a physician licensed pursuant to chapter 458 or chapter

29  459, in accordance with protocols established by a hospital or

30  other health care provider or the board; and who functions in

31  

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    Florida Senate - 2003                                  SB 2618
    37-389A-03




 1  situations of unsupervised patient contact requiring

 2  individual judgment.

 3         (3)  "Critical care" means care given to a patient in

 4  any setting involving a life-threatening emergency.

 5         (4)  "Department" means the Department of Health.

 6         (5)  "Direct supervision" means practicing under the

 7  direction of a licensed, registered, or certified respiratory

 8  therapist who is physically on the premises and readily

 9  available, as defined by the board.

10         (6)  "Physician supervision" means supervision and

11  control by a physician licensed under chapter 458 or chapter

12  459 who assumes the legal liability for the services rendered

13  by the personnel employed in his or her office. Except in the

14  case of an emergency, physician supervision requires the easy

15  availability of the physician within the office or the

16  physical presence of the physician for consultation and

17  direction of the actions of the persons who deliver

18  respiratory care services.

19         (7)  "Practice of respiratory care" or "respiratory

20  therapy" means the allied health specialty associated with the

21  cardiopulmonary system that is practiced under the orders of a

22  physician licensed under chapter 458 or chapter 459 and in

23  accordance with protocols, policies, and procedures

24  established by a hospital or other health care provider or the

25  board, including the assessment, diagnostic evaluation,

26  treatment, management, control, rehabilitation, education, and

27  care of patients in all care settings.

28         (8)  "Registered respiratory therapist" means any

29  person licensed under this part who is registered by the

30  National Board for Respiratory Care or its successor, and who

31  is employed to deliver respiratory care services under the

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    Florida Senate - 2003                                  SB 2618
    37-389A-03




 1  order of a physician licensed under chapter 458 or chapter

 2  459, in accordance with protocols established by a hospital or

 3  other health care provider or the board, and who functions in

 4  situations of unsupervised patient contact requiring

 5  individual judgment.

 6         (9)  "Respiratory care practitioner" means any person

 7  licensed under this part who is employed to deliver

 8  respiratory care services, under direct supervision, pursuant

 9  to the order of a physician licensed under chapter 458 or

10  chapter 459.

11         (10)  "Respiratory care services" includes:

12         (a)  Evaluation and disease management.

13         (b)  Diagnostic and therapeutic use of respiratory

14  equipment, devices, or medical gas.

15         (c)  Administration of drugs, as duly ordered or

16  prescribed by a physician licensed under chapter 458 or

17  chapter 459 and in accordance with protocols, policies, and

18  procedures established by a hospital or other health care

19  provider or the board.

20         (d)  Initiation, management, and maintenance of

21  equipment to assist and support ventilation and respiration.

22         (e)  Diagnostic procedures, research, and therapeutic

23  treatment and procedures, including measurement of ventilatory

24  volumes, pressures, and flows; specimen collection and

25  analysis of blood for gas transport and acid/base

26  determinations; pulmonary-function testing; and other related

27  physiological monitoring of cardiopulmonary systems.

28         (f)  Cardiopulmonary rehabilitation.

29         (g)  Cardiopulmonary resuscitation, advanced cardiac

30  life support, neonatal resuscitation, and pediatric advanced

31  life support, or equivalent functions.

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    Florida Senate - 2003                                  SB 2618
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 1         (h)  Insertion and maintenance of artificial airways

 2  and intravascular catheters.

 3         (i)  Performing sleep-disorder studies.

 4         (j)  Education of patients, families, the public, or

 5  other health care providers, including disease process and

 6  management programs and smoking prevention and cessation

 7  programs.

 8         (k)  Initiation and management of hyperbaric oxygen.

 9         Section 2.  Section 468.355, Florida Statutes, is

10  amended to read:

11         (Substantial rewording of section. See

12         s. 468.355, F.S., for present text.)

13         468.355  Licensure requirements.--To be eligible for

14  licensure by the board, an applicant must be an active

15  "Certified Respiratory Therapist" or be an active "Registered

16  Respiratory Therapist" by the National Board for Respiratory

17  Care, or its successor.

18         Section 3.  Section 468.368, Florida Statutes, is

19  amended to read:

20         (Substantial rewording of section. See

21         s. 468.368, F.S., for present text.)

22         468.368  Exemptions.--This part may not be construed to

23  prevent or restrict the practice, service, or activities of:

24         (1)  Any person licensed in this state by any other law

25  from engaging in the profession or occupation for which he or

26  she is licensed.

27         (2)  Any legally qualified person in the state or

28  another state or territory who is employed by the United

29  States Government or any agency thereof while such person is

30  discharging his or her official duties.

31  

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    Florida Senate - 2003                                  SB 2618
    37-389A-03




 1         (3)  A friend or family member who is providing

 2  respiratory care services to an ill person and who does not

 3  represent himself or herself to be a respiratory care

 4  practitioner or respiratory therapist.

 5         (4)  An individual providing respiratory care services

 6  in an emergency who does not represent himself or herself as a

 7  respiratory care practitioner or respiratory therapist.

 8         (5)  Any individual employed to deliver, assemble, set

 9  up, or test equipment for use in a home, upon the order of a

10  physician licensed pursuant to chapter 458 or chapter 459.

11  This subsection does not, however, authorize the practice of

12  respiratory care without a license.

13         (6)  Any individual credentialed by the Board of

14  Registered Polysomnographic Technologists as a registered

15  polysomnographic technologist, as related to the diagnosis and

16  evaluation of treatment for sleep disorders.

17         (7)  Any individual certified or registered as a

18  pulmonary function technologist who is credentialed by the

19  National Board for Respiratory Care for performing

20  cardiopulmonary diagnostic studies.

21         (8)  Any student who is enrolled in an accredited

22  respiratory care program approved by the board, while

23  performing respiratory care as an integral part of a required

24  course.

25         (9)  The delivery of incidental respiratory care to

26  noninstitutionalized persons by surrogate family members who

27  do not represent themselves as registered or certified

28  respiratory care therapists.

29         (10)  Any individual credentialed by the Underseas

30  Hyperbaric Society in hyperbaric medicine or its equivalent as

31  determined by the board, while performing related duties. This

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    Florida Senate - 2003                                  SB 2618
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 1  subsection does not, however, authorize the practice of

 2  respiratory care without a license.

 3         Section 4.  Sections 468.356 and 468.357, Florida

 4  Statutes, are repealed, effective January 1, 2004.

 5         Section 5.  Except as otherwise expressly provided in

 6  this act, this act shall take effect upon becoming a law.

 7  

 8            *****************************************

 9                          SENATE SUMMARY

10    Revises provisions relating to the regulation of
      respiratory therapists; revises definitions; revises
11    licensure and testing requirements; revises exemptions
      from licensure requirements; repeals provisions relating
12    to the approval of educational programs and licensure by
      examination. (See bill for details.)
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