Exemptions from licensure

(1) (a) For purposes of Subsection (2)(b), "qualified" means an individual who is a registered polysomnographic technologist or a Diplomate certified by the American Board of Sleep Medicine. (b) For purposes of Subsections (2)(f) and (g), "supervision" means one of the following will 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 following individuals may engage in the practice of respiratory therapy subject to the stated circumstances and limitations without being licensed under this chapter: (a) an individual who provides gratuitous care for an immediate family member without representing that the individual is a licensed respiratory care practitioner; (b) an individual who is a licensed or a qualified member of another health care profession, if this practice is consistent with the accepted standards of the profession and if the individual does not represent that the individual is a respiratory care practitioner; (c) an individual who serves in the Armed Forces of the United States or another agency of the federal government and is performing official duties; (d) an individual who acts under a certification issued in accordance with Title 53, Chapter 2d, Emergency Medical Services Act, while providing emergency medical services; (e) except as provided in Subsection (3), an individual who delivers, installs, or maintains respiratory related durable medical equipment or who gives instructions regarding the use of that equipment; (f) an individual who works in a practitioner's office, acting under supervision; and (g) a polysomnographic technician or trainee, acting under supervision, as long as the technician or trainee administers the following only in a sleep lab, sleep center, or sleep facility: (i) oxygen titration; and (ii) positive airway pressure that does not include mechanical ventilation. (3) Subsection (2)(e) does not allow an individual to engage in clinical evaluation or treatment of a patient. (4) Nothing in this chapter permits a respiratory care practitioner to engage in the unauthorized practice of other health disciplines.