CHAPTER 3. VIOLATIONS AND SANCTIONS
IC 25-34.5-3
Chapter 3. Violations and Sanctions
IC 25-34.5-3-1
Representations by uncertified persons
Sec. 1. A person may not:
(1) practice respiratory care;
(2) profess to be a respiratory care practitioner;
(3) use the title "respiratory care practitioner"; or
(4) use any initials, words, letters, abbreviations, or insignia
indicating or implying that the person is a respiratory care
practitioner licensed under this article;
unless the person is licensed under this article.
As added by P.L.242-1989, SEC.1. Amended by P.L.48-1991,
SEC.69; P.L.60-2000, SEC.21.
IC 25-34.5-3-2
Criminal charges
Sec. 2. A person who violates this chapter commits a Class B
misdemeanor. In addition to any other penalty imposed for a
violation of this chapter, the board may, in the name of the state of
Indiana through the attorney general, petition a circuit or superior
court to enjoin the person who is violating this chapter from
practicing respiratory care in violation of this chapter.
As added by P.L.242-1989, SEC.1. Amended by P.L.60-2000,
SEC.22.
IC 25-34.5-3-3
Practice of health care professionals not affected
Sec. 3. This article does not prohibit a licensed, registered, or
certified health care professional from practicing within the scope of
the health care professional's license, registration, or certification.
As added by P.L.60-2000, SEC.23.
IC 25-34.5-3-4
Examination requirement for practice by health care
nonprofessional
Sec. 4. Except as provided in IC 25-34.5-2-6.4(a), an individual
who is not licensed, registered, or certified as a health care
professional may perform a respiratory care practice only when the
individual passes an examination covering the practice that is offered
by a testing body approved by the committee.
As added by P.L.60-2000, SEC.24.
IC 25-34.5-3-5
Conditions for operation of equipment by health care
nonprofessional
Sec. 5. An individual who is not licensed, registered, or certified
as a health care professional may deliver, set up, calibrate, and
demonstrate the mechanical operation of respiratory care equipment
in a residential setting only when the following conditions are met:
(1) The individual's employer documents that the individual has
obtained adequate training and demonstrated competence under
the supervision of a practitioner or other licensed, registered, or
certified health care professional.
(2) The individual does not teach, administer, or practice
respiratory care.
(3) The individual does not attach the respiratory care
equipment to the patient or instruct the patient, the patient's
family, or the patient's caregiver on the equipment's clinical use
as a treatment device.
(4) All instructions to the patient, family, or caregiver regarding
the clinical use of the equipment, patient monitoring, patient
assessment, or other procedures designed to evaluate the
effectiveness of the treatment are performed by a practitioner or
other licensed, registered, or certified health care professional.
As added by P.L.60-2000, SEC.25.
IC 25-34.5-3-6
Performing CPR; repairing equipment
Sec. 6. This article does not prohibit an individual who is not
licensed as a respiratory care practitioner from doing any of the
following:
(1) Performing cardiopulmonary resuscitation.
(2) Repairing equipment used in the practice of respiratory care.
As added by P.L.60-2000, SEC.26.
IC 25-34.5-3-7
Employee acting under supervision of physician not affected
Sec. 7. This article does not affect the applicability of
IC 25-22.5-1-2(a)(19).
As added by P.L.60-2000, SEC.27.
IC 25-34.5-3-8
Laboratory tests by nonpractitioner
Sec. 8. This article does not prohibit an individual who is not a
practitioner from performing laboratory tests in a clinical laboratory
holding a federal Clinical Laboratory Improvement Act (CLIA)
certificate or a CLIA certificate of accreditation if the individual
satisfies the specified federal qualification standards.
As added by P.L.60-2000, SEC.28.