Maine Statute | Act | Code |Title 32. Professions And Occupations| US Code - US Statute | Chapter 97. Respiratory Care Practitioners

Title 32 - §9701. Declaration of purpose

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 97: RESPIRATORY CARE PRACTITIONERS
§9701. Declaration of purpose

In order to safeguard the public health, safety and welfare, to protect the public from incompetent and unauthorized persons; to assure the highest degree of professional conduct on the part of respiratory care practitioners; and to assure the availability of respiratory care services of high quality to persons in need of those services, it is the purpose of this chapter to provide for the regulation of persons offering respiratory care services. [1985, c. 288, § 3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9702. Definitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 97: RESPIRATORY CARE PRACTITIONERS
§9702. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1985, c. 288, § 3 (new).]

1. Board. "Board" means the Board of Respiratory Care Practitioners established under this chapter. [1985, c. 288, § 3 (new).]

2. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation. [1989, c. 450, §35 (amd).]

3. Department. "Department" means the Department of Professional and Financial Regulation. [1989, c. 450, §35 (amd).]

4. Person. "Person" means any individual, partnership, unincorporated organization or corporation. [1985, c. 288, § 3 (new).]

5. Respiratory care. "Respiratory care" means the therapy, management, rehabilitation, diagnostic evaluation and care, administered on the order of a physician or surgeon, of patients with deficiencies and abnormalties affecting the cardiopulmonary system and associated aspects of other bodily systems, including, but not limited to, the following:

A. Direct and indirect pulmonary care services that are of comfort, safe, aseptic, preventative and restorative care to the patient; [1985, c. 288, § 3 (new).]

B. Direct and indirect respiratory care services including, but not limited to, the administration of pharmacological, diagnostic and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative or diagnostic regimen prescribed by a physician; [1985, c. 288, § 3 (new).]

C. Observation and monitoring of signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing, including determination of whether those signs, symptoms, reactions, behavior or general response exhibit abnormal characteristics; [1985, c. 288, § 3 (new).]

D. Implementation based on observed abnormalities, appropriate reporting, referral, respiratory care protocols or changes in treatment, pursuant to a prescription by a person authorized to prescribe respiratory care or the initiation of emergency procedures; and [1985, c. 288, §3 (new).]

E. Diagnostic and therapeutic use of the following:

(1) Administration of medical gases, aerosols and humidification;

(2) Environmental control mechanisms and hyperbaric therapy;

(3) Pharmacological agents related to respiratory care procedures;

(4) Mechanical or physiological ventilatory support;

(5) Bronchopulmonary hygiene;

(6) Cardiopulmonary resuscitation;

(7) Maintenance of natural airways;

(8) Insertion and maintenance of artificial airways;

(9) Specific diagnostic and testing techniques employed in the medical management of patients to assist in diagnosis, monitoring, treatment and research of pulmonary abnormalities, including measurement of ventilatory volumes, pressures and flows, collection of specimens of blood and collection of specimens from the respiratory tract;

(10) Analysis of blood gases and respiratory secretions and pulmonary function testing; and

(11) Hemodynamic and physiologic measurement and monitoring of cardiac functions as it relates to cardiopulmonary pathophysiology.
[1989, c. 450, §36 (amd).]

F. Initial and follow-up instruction and patient evaluation in a nonhospital setting for the diagnostic and therapeutic uses described in paragraph E. [1985, c. 288, § 3 (new).]

"Respiratory care" includes the terms "respiratory therapy" or "inhalation therapy." [1989, c. 450, §36 (amd).]

6. Respiratory care practitioner. "Respiratory care practitioner" means a person licensed as a respiratory therapist or as a respiratory care technician under this chapter. [1985, c. 288, § 3 (new).]

7. Respiratory care practitioner trainee. "Respiratory care practitioner trainee" means an employee of a health care facility who is enrolled in the clinical portion of an approved respiratory care educational program. [1989, c. 450, §37 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9703. Board of respiratory care practitioners; establishment; compensation

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 97: RESPIRATORY CARE PRACTITIONERS
§9703. Board of respiratory care practitioners; establishment; compensation

1. Establishment and membership. There is established within the Department of Professional and Financial Regulation, in accordance with Title 5, section 12004-A, subsection 35, a Board of Respiratory Care Practitioners. The board shall consist of 5 members appointed by the Governor as follows:

A. Three respiratory care practitioners who have been engaged in the practice of respiratory care for at least 2 years immediately preceding their appointments and who shall be at all times holders of valid licenses for the practice of respiratory care in the State, except for the members of the first board, each of whom shall fulfill the requirements for licensure of this chapter; and [1985, c. 288, §3 (new).]

B. Two public members who are residents of the State who do not hold a license to practice respiratory care and who have no direct or indirect financial interest in the practice or delivery of respiratory care. [1989, c. 503, Pt. B, §152 (amd).]

[1989, c. 450, §38 (amd); c. 503, Pt. B, §152 (amd).]

2. Terms of appointment. To the first board established under this chapter, the Governor shall appoint 2 board members for a term of one year, 2 for a term of 2 years and one for a term of 3 years. Appointments made after the initial appointments are for 3-year terms. Appointments of members must comply with section 60. A member of the board may be removed from office for cause by the Governor. [1993, c. 600, Pt. A, §260 (amd).]

3. Meetings. The board shall meet at least once a year to conduct its business and to elect a chairman. Additional meetings shall be held as necessary to conduct the business of the board and may be convened at the call of the chairman or a majority of the board members. Three members of the board shall constitute a quorum for all purposes. [1985, c. 288, §3 (new).]

4. Compensation. [1995, c. 397, §89 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9704. Board of Respiratory Care Practitioners; powers and duties

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 97: RESPIRATORY CARE PRACTITIONERS
§9704. Board of Respiratory Care Practitioners; powers and duties

1. Powers. The board shall administer and enforce this chapter and evaluate the qualifications of applicants for licensure. The board may issue subpoenas, examine witnesses, administer oaths and may investigate or cause to be investigated any complaints made to it or any cases of noncompliance with or violation of this chapter. [1985, c. 288, § 3 (new).]

2. Rules. The board may, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, adopt rules to carry out the policy of this chapter, including, but not limited to, rules relating to professional licensure, professional conduct, continuing education, approval of continuing education programs and to the establishment of ethical standards of practice for persons holding a license to practice respiratory care in this State. [1989, c. 450, §39 (amd).]

3. Hearings. Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license, or as otherwise deemed necessary to the fulfillment of its responsibilities under this chapter. Hearings shall be conducted in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, to the extent applicable. [1985, c. 288, § 3 (new).]

4. Records. The board shall keep such records and minutes as are necessary to the ordinary dispatch of its functions. [1985, c. 288, §3 (new).]

5. Contracts. [1995, c. 397, §90 (rp).]

6. Reports. No later than August 1st of each year, the board shall submit to the commissioner, for the preceding fiscal year, its annual report of its operations, together with such comments and recommendations as the commissioner deems essential. [1985, c. 288, § 3 (new).]

7. Employees. [1995, c. 397, §91 (rp).]

8. Budget. [1995, c. 397, §92 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9705-A. Associate permit required

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 97: RESPIRATORY CARE PRACTITIONERS
§9705-A. Associate permit required

A person may not perform respiratory care services in association with a respiratory care practitioner licensed under this chapter unless that individual is approved by the board in accordance with this section. [1999, c. 386, Pt. S, §2 (new).]

1. Licensed in another state. The associate shall file verification that the associate holds a valid license in good standing from another state that has licensure requirements equivalent to the requirements of this chapter. [1999, c. 386, Pt. S, §2 (new).]

2. Certified or registered. The associate must be certified or registered by the National Board of Respiratory Care and must reside in a nonlicensure state. [1999, c. 386, Pt. S, §2 (new).]
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At the time of application, the associate must report the dates and locations that respiratory care services will be performed in this State, which may not exceed 30 days in a calendar year. If the board determines that the applicant meets the requirements of this section, it may issue an associate permit for a fee not to exceed $10. [1999, c. 386, Pt. S, §2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9705. License required

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 97: RESPIRATORY CARE PRACTITIONERS
§9705. License required

1. License required. An individual may not practice or represent that individual as authorized to practice as a respiratory care practitioner in this State or use the words "respiratory care practitioner" or other words or letters to indicate that the person is a licensed respiratory care practitioner, unless that individual is licensed in accordance with this chapter. A respiratory therapist licensed in accordance with this chapter may use the initials "R.R.T." A respiratory care technician licensed in accordance with this chapter may use the initials "C.R.T." An individual who holds a temporary license in accordance with this chapter may use the initials "G.R.T." until the individual has taken and passed the examination or until the term of the license has expired. A student or trainee may use the initials "S.R.T." while enrolled in the clinical portion of a respiratory care education program. [1999, c. 386, Pt. S, §1 (amd).]

2. Individual license. Only an individual may be licensed under this chapter. [1985, c. 288, §3 (new).]

3. Penalty; injunction. A person who violates this section is guilty of a Class E crime. The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted. [1985, c. 288, §3 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9706-A. Persons and practices exempt

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 97: RESPIRATORY CARE PRACTITIONERS
§9706-A. Persons and practices exempt

Nothing in this chapter may be construed as preventing or restricting the practice, services or activities of: [1989, c. 450, §41 (new).]

1. Licensed or credentialed persons. Any health care personnel licensed by this State or who currently hold a nationally recognized credential in a health care profession engaging in the delivery of respiratory care services for which they have been formally trained. That training must include supervised preclinical didactic and laboratory activities and supervised clinical activities and must be approved by the board or an accrediting agency recognized by the board. It also must include an evaluation of competence through a standardized testing mechanism that is determined by the board to be both valid and reliable; [1991, c. 717, §1 (amd).]

2. Students. The delivery of respiratory care services by students as an integral part of the study program of students enrolled in education programs of any health care profession, as determined by board rule; [1989, c. 450, §41 (new).]

3. Associates. [1999, c. 386, Pt. S, §3 (rp).]

4. Gratuitous care. Family members, friends and others who give gratuitous care to a patient and do not hold themselves out as respiratory care practitioners; [1989, c. 450, §41 (new).]

5. Self-care. Persons who administer respiratory care to themselves; [1989, c. 450, §41 (new).]

6. Cardiovascular testing. Cardiovascular testing by individuals who have been issued credentials by the National Society of Cardiopulmonary Technicians, the American Cardiology Technologists Association or working in hospital-based cardiology departments; [1989, c. 450, §41 (new).]

7. Cardiopulmonary testing. Cardiopulmonary testing by individuals who have been issued credentials by the National Board for Respiratory Care as Certified Pulmonary Function Technologists; or [1989, c. 450, §41 (new).]

8. Physician supervision. The delivery of respiratory care services by individuals employed in the office and under the direct supervision and control of a physician licensed to practice by the State. [1989, c. 450, §41 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9706. Persons and practices exempt (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 97: RESPIRATORY CARE PRACTITIONERS
§9706. Persons and practices exempt (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9707-A. Respiratory care practitioner trainee registration

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 97: RESPIRATORY CARE PRACTITIONERS
§9707-A. Respiratory care practitioner trainee registration

The board may register student employees as respiratory care practitioner trainees as defined under section 9702, subsection 7, and promulgate rules for that registration. [1989, c. 450, §43 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9707. Temporary license

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 97: RESPIRATORY CARE PRACTITIONERS
§9707. Temporary license

No more than one temporary license may be granted to a person who has completed the educational requirements of this chapter. This license allows the holder to practice respiratory care under the direct supervision of a licensed respiratory care practitioner. This license shall be issued for a term of one year and may be extended for not more than an additional one-year period at the discretion of the board. [1989, c. 450, §42 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9708. Requirements for licensure; levels of licensure

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 97: RESPIRATORY CARE PRACTITIONERS
§9708. Requirements for licensure; levels of licensure

An applicant applying for a license as a respiratory care practitioner shall file a written application provided by the board, showing to the satisfaction of the board that he meets the following requirements. [1985, c. 288, § 3 (new).]

1. Residence. [1989, c. 450, §44 (rp).]

2. Ethical practice. An applicant shall exhibit adherence to established ethical professional standards. [1985, c. 288, § 3 (new).]

3. Education and qualifications. An applicant shall present evidence satisfactory to the board that:

A. For a license as a respiratory therapist:

(1) The applicant is presently credentialed by the National Board for Respiratory Care as a registered respiratory therapist; or

(2) The applicant:

(a) Is a graduate of an educational program for respiratory therapists which is recognized by the board and accredited by the American Medical Association in collaboration with the Joint Review Committee for Respiratory Therapy Education; and

(b) Has passed an examination as provided for in section 9709; or

[1985, c. 288, § 3 (new).]

B. For a license as a respiratory care technician:

(1) The applicant is presently credentialed by the National Board for Respiratory Care as a certified respiratory therapy technician; or

(2) The applicant:

(a) Is a graduate of an educational program for respiratory therapists or respiratory care technicians which is recognized by the board and accredited by the American Medical Association in collaboration with the Joint Review Committee for Respiratory Therapy Education; and

(b) Has passed an examination as provided for in section 9709.

[1985, c. 288, § 3 (new).]

[1985, c. 288, § 3 (new).]

4. Restrictions. A respiratory care practitioner trainee shall not perform invasive procedures or procedures related to critical respiratory care, including therapeutic, diagnostic and palliative procedures. Respiratory care practitioner trainees shall only perform services under the on-site supervision of a licensed respiratory care practitioner. [1989, c. 450, §45 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9709. Examination for licensure

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 97: RESPIRATORY CARE PRACTITIONERS
§9709. Examination for licensure

1. Requirements. Only a person satisfying the requirements of this chapter may apply for examination in such a manner as the board prescribes. [1985, c. 288, § 3 (new).]

2. Content. Written examinations shall be designed or adopted by the board and shall test the applicant's knowledge of the basic and clinical sciences relating to respiratory care, respiratory care techniques and methods and such other subjects as the board may include to determine the applicant's fitness to practice. [1985, c. 288, § 3 (new).]

3. Time and place. Examinations shall be given at least twice each year at such places as the board determines. The board shall give reasonable public notice of these examinations in accordance with its rules. [1985, c. 288, § 3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9710. Fees

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 97: RESPIRATORY CARE PRACTITIONERS
§9710. Fees

1. Amount. Application and examination fees may be established by the board in amounts not to exceed $50. Original and renewal license fees for respiratory care practitioner licenses are set by the board and may not exceed $135 biennially. Temporary license fees are set by the board and may not exceed $70. Trainee registration fees are set by the board and may not exceed $50.

A. [1991, c. 509, §30 (rp).]

B. [1991, c. 509, §30 (rp).]

C. [1991, c. 509, §30 (rp).]

[1999, c. 386, Pt. S, §4 (amd).]

2. Deposit of fees. All fees received by the board shall be paid to the Treasurer of State to be used for carrying out this chapter. Any balance of fees shall not lapse, but shall be carried forward as a continuing account to be expended for the same purposes in the following fiscal years. [1985, c. 288, §3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9711. Issuance of license

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 97: RESPIRATORY CARE PRACTITIONERS
§9711. Issuance of license

The board shall issue a license to any person who meets the requirements of this chapter upon payment of the prescribed license fee. [1985, c. 288, § 3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9712. Term of licenses

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 97: RESPIRATORY CARE PRACTITIONERS
§9712. Term of licenses

1. Biennial renewal. Licenses shall expire biennially on April 30th or on such other date as the commissioner determines. Notice of expiration shall be mailed to each licensee's last known address at least 30 days in advance of the expiration of the license. The notice shall include any requests for information necessary for renewal. Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee of $10 in addition to the renewal fee. Any person who submits an application for renewal more than 90 days after the license renewal date shall be subject to all requirements governing new applicants under this chapter, except that the board may, giving due consideration to the protection of the public, waive examination if that renewal application is made within 2 years from the date of that expiration. [1989, c. 450, §47 (amd).]

2. Continuing education. Each license renewal shall be accompanied by evidence of continuing education or other requirements as determined by the board. [1985, c. 288, § 3 (new).]

3. Transition. Implementation of biennial license renewal shall occur during the 1990 renewal period. [1989, c. 450, §48 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9713. Disciplinary actions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 97: RESPIRATORY CARE PRACTITIONERS
§9713. Disciplinary actions

1. Complaints. The board may order an investigation of a complaint on its own motion or on written complaint filed with the board regarding noncompliance with or violation of any section of this chapter or of any rules adopted by the board. [1985, c. 288, §3 (new).]

2. Disciplinary actions; grounds. The board may suspend or revoke a license pursuant to Title 5, section 10004. The board may refuse to issue or renew or the District Court may revoke, suspend or refuse to renew any license issued under this chapter on any of the following grounds:

A. The practice of any fraud or deceit in obtaining a license under this chapter or in connection with service rendered within the scope of the license issued; [1985, c. 288, §3 (new).]

B. Unprofessional conduct. A licensee shall be deemed to have engaged in unprofessional conduct if he violates any standard of professional behavior which has been established in the practice of respiratory care; [1985, c. 288, §3 (new).]

C. Subject to the limitations of Title 5, chapter 341, conviction of a crime which involves dishonesty or false statement or which relates directly to the practice for which the licensee is licensed or conviction of any crime for which imprisonment for one year or more may be imposed; or [1985, c. 288, §3 (new).]

D. Any violation of this chapter or rules adopted by the board. [1985, c. 288, §3 (new).]

[1985, c. 288, §3 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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