65-5514. Representation as respiratory therapist; prohibitions; misdemeanor; exclusions from the practice of respiratory therapy.
65-5514
65-5514. Representation as respiratory therapist;prohibitions; misdemeanor; exclusions from the practice of respiratorytherapy.(a) On and after March 1, 2000, it shall be unlawfulforany person who is notlicensed under this act as a respiratory therapist orwhose license hasbeen suspended or revoked to hold themselves out to the public as a licensedrespiratory therapist, or use the abbreviation of CRTT, RRT, RCP or thewords"respiratory therapist," "respiratory care practitioner","inhalationtherapist" or any other words, letters,abbreviations or insignia indicating or implying that such person is arespiratory therapist, or to practice the art and science ofrespiratory therapy asherein defined. A violation of this subsection (a) shall constitute a class Bmisdemeanor.
(b) Nothing in this act is intended to limit, preclude or otherwise interferewith the practices of other health care providers formally trained andlicensed, registered, credentialed or certified by appropriate agencies of thestate of Kansas. The practice of respiratory therapy shall not be construed toinclude the following individuals:
(1) Persons rendering assistance in the case of an emergency.
(2) Members of any church practicing their religious tenets.
(3) Persons whose services are performed pursuant to the delegation of andunder the supervision of a respiratory therapist who is licensed under thisact.
(4) Health care providers in the United States armed forces, public healthservices, federal facilities and coast guard or other military service whenacting in the line of duty in this state.
(5) Licensees under the healing arts act, and practicing their professions,when licensed and practicing in accordance with the provisions of law orpersons performing services pursuant to the delegation of a licensed physicianunder subsection (g) of K.S.A. 65-2872 and amendments thereto.
(6) Dentists practicing their professions, when licensed and practicing inaccordance with the provisions of law.
(7) Nurses practicing their professions, when licensed and practicing inaccordance with the provisions of law or persons performing services pursuantto the delegation of a licensed nurse under subsection (m) of K.S.A. 65-1124and amendments thereto.
(8) Health care providers who have been formally trained and are practicingin accordance with the training or have received specific training in one ormorefunctions included in this act pursuant to established educational protocols orboth.
(9) Students while in actual attendance in an accredited health careoccupational educational program and under the supervision of a qualifiedinstructor.
(10) Self-care by a patient or gratuitous care by a friend or family memberwho does not represent or hold oneself out to the public to be a respiratorytherapist.
(11) Monitoring, installation or delivery of medical devices, gases andequipment and the maintenance thereof by a nonlicensed person for the expresspurpose of self-care by a patient or gratuitous care by a friend or familymember.
(c) Any patient monitoring, assessment or other procedures designed toevaluate the effectiveness of prescribed respiratory therapy must be performedby or pursuant to the delegation of a licensed respiratory therapist or otherhealth careprovider.
(d) Nothing in this act shall be construed to permit the practice of medicineand surgery. No statute granting authority to licensees of the state board ofhealing arts shall be construed to confer authority upon respiratory therapiststo engage in any activity not conferred by this act.
History: L. 1986, ch. 322, § 14;L. 1999, ch. 87, § 18; Mar. 1, 2000.