58-57-7 - Exemptions from licensure. - Utah Statutes

58-57-7. Exemptions from licensure.
(1) (a) For purposes of Subsection (2)(b), "qualified" means an individual who is aregistered polysomnographic technologist or a Diplomate certified by the American Board ofSleep Medicine.
(b) For purposes of Subsections (2)(f) and (g), "supervision" means one of the followingwill be immediately available for consultation in person or by phone:
(i) a practitioner;
(ii) a respiratory therapist;
(iii) a Diplomate of the American Board of Sleep Medicine; or
(iv) a registered polysomnographic technologist.
(2) In addition to the exemptions from licensure in Section 58-1-307, the followingpersons may engage in the practice of respiratory therapy subject to the stated circumstances andlimitations without being licensed under this chapter:
(a) any person who provides gratuitous care for a member of his immediate familywithout representing himself as a licensed respiratory care practitioner;
(b) any person who is a licensed or qualified member of another health care profession, ifthis practice is consistent with the accepted standards of the profession and if the person does notrepresent himself as a respiratory care practitioner;
(c) any person who serves in the Armed Forces of the United States or any other agencyof the federal government and is engaged in the performance of his official duties;
(d) any person who acts under a certification issued pursuant to Title 26, Chapter 8a,Utah Emergency Medical Services System Act, while providing emergency medical services;
(e) any person who delivers, installs, or maintains respiratory related durable medicalequipment and who gives instructions regarding the use of that equipment in accordance withSubsections 58-57-2(3) and (6), except that this exemption does not include any clinicalevaluation or treatment of the patient;
(f) any person who is working in a practitioner's office, acting under supervision; and
(g) a polysomnographic technician or trainee, acting under supervision, as long as theyonly administer the following in a sleep lab, sleep center, or sleep facility:
(i) oxygen titration; and
(ii) positive airway pressure that does not include mechanical ventilation.
(3) Nothing in this chapter permits a respiratory care practitioner to engage in theunauthorized practice of other health disciplines.

Amended by Chapter 324, 2010 General Session