Bill Text: OH HB165 | 2013-2014 | 130th General Assembly | Comm Sub

Ohio House Bill 165 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: To exempt certified hyperbaric technologists from the laws governing the practice of respiratory care.

Spectrum: Partisan Bill (Republican 14-0)

Status: (Passed) 2014-09-04 - Effective Date [HB165 Detail]

Download: Ohio-2013-HB165-Comm_Sub.html

As Reported by the House Health and Aging Committee

130th General Assembly

Regular Session

2013-2014

Am. H. B. No. 165

Representative Roegner

Cosponsors: Representatives Thompson, Wachtmann

A BILL

To amend sections 4761.01 and 4761.11 of the Revised

Code to exempt certified hyperbaric technologists

from the laws governing the practice of

respiratory care.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4761.01 and 4761.11 of the Revised	5
Code be amended to read as follows:	6

Sec. 4761.01. As used in this chapter:

(A) "Respiratory care" means rendering or offering to render	8
to individuals, groups, organizations, or the public any service	9
involving the evaluation of cardiopulmonary function, the	10
treatment of cardiopulmonary impairment, the assessment of	11
treatment effectiveness, and the care of patients with	12
deficiencies and abnormalities associated with the cardiopulmonary	13
system. The practice of respiratory care includes:	14

(1) Obtaining, analyzing, testing, measuring, and monitoring	15
blood and gas samples in the determination of cardiopulmonary	16
parameters and related physiologic data, including flows,	17
pressures, and volumes, and the use of equipment employed for this	18
purpose;	19

(2) Administering, monitoring, recording the results of, and	20
instructing in the use of medical gases, aerosols, and	21
bronchopulmonary hygiene techniques, including drainage,	22
aspiration, and sampling, and applying, maintaining, and	23
instructing in the use of artificial airways, ventilators, and	24
other life support equipment employed in the treatment of	25
cardiopulmonary impairment and provided in collaboration with	26
other licensed health care professionals responsible for providing	27
care;	28

(3) Performing cardiopulmonary resuscitation and respiratory	29
rehabilitation techniques;	30

(4) Administering medications for the testing or treatment of	31
cardiopulmonary impairment.	32

(B) "Respiratory care professional" means a person who is	33
licensed under this chapter to practice the full range of	34
respiratory care services as defined in division (A) of this	35
section.	36

(C) "Physician" means an individual authorized under Chapter	37
4731. of the Revised Code to practice medicine and surgery or	38
osteopathic medicine and surgery.	39

(D) "Registered nurse" means an individual licensed under	40
Chapter 4723. of the Revised Code to engage in the practice of	41
nursing as a registered nurse.	42

(E) "Hospital" means a facility that meets the operating	43
standards of section 3727.02 of the Revised Code.	44

(F) "Nursing facility" has the same meaning as in section	45
5111.20 of the Revised Code.	46

(G) "Certified hyperbaric technologist" means a person who	47
administers hyperbaric oxygen therapy and is certified as a	48
hyperbaric technologist by the national board of diving and	49
hyperbaric medical technology or its successor organization.	50

(H) "Hyperbaric oxygen therapy" means the administration of	51
pure oxygen in a pressurized room or chamber, except that it does	52
not include ventilator management.	53

Sec. 4761.11. (A) Nothing in this chapter shall be construed	54
to prevent or restrict the practice, services, or activities of	55
any person who:	56

(1) Is a health care professional licensed by this state	57
providing respiratory care services included in the scope of	58
practice established by the license held, as long as the person	59
does not represent that the person is engaged in the practice of	60
respiratory care;	61

(2) Is employed as a respiratory care professional by an	62
agency of the United States government and provides respiratory	63
care solely under the direction or control of the employing	64
agency;	65

(3) Is a student enrolled in a board-approved respiratory	66
care education program leading to a certificate of completion in	67
respiratory care and is performing duties that are part of a	68
supervised course of study;	69

(4) Is a nonresident of this state practicing or offering to	70
practice respiratory care, if the respiratory care services are	71
offered for not more than thirty days in a year, services are	72
provided under the supervision of a respiratory care professional	73
licensed under this chapter, and the nonresident registers with	74
the board in accordance with rules adopted by the board under	75
section 4761.03 of the Revised Code and meets either of the	76
following requirements:	77

(a) Qualifies for licensure under this chapter, except for	78
passage of the examination required under division (A)(3) of	79
section 4761.04 of the Revised Code;	80

(b) Holds a valid license issued by a state that has	81
licensure requirements considered by the board to be comparable to	82
those of this state and has not been issued a license in another	83
state that has been revoked or is currently under suspension or on	84
probation.	85

(5) Provides respiratory care only to relatives or in medical	86
emergencies;	87

(6) Provides gratuitous care to friends or personal family	88
members;	89

(7) Provides only self care;

(8) Is employed in the office of a physician and renders	91
medical assistance under the physician's direct supervision	92
without representing that the person is engaged in the practice of	93
respiratory care;	94

(9) Is employed in a clinical chemistry or arterial blood gas	95
laboratory and is supervised by a physician without representing	96
that the person is engaged in the practice of respiratory care;	97

(10) Is engaged in the practice of respiratory care as an	98
employee of a person or governmental entity located in another	99
state and provides respiratory care services for less than	100
seventy-two hours to patients being transported into, out of, or	101
through this state;	102

(11) Is employed as a certified hyperbaric technologist and	103
administers hyperbaric oxygen therapy under the physician's direct	104
supervision without representing that the person is engaged in the	105
practice of respiratory care.	106

(B) Nothing in this chapter shall be construed to prevent any	107
person from advertising, describing, or offering to provide	108
respiratory care or billing for respiratory care when the	109
respiratory care services are provided by a health care	110
professional licensed by this state practicing within the scope of	111
practice established by the license held. Nothing in this chapter	112
shall be construed to prevent a hospital or nursing facility from	113
advertising, describing, or offering to provide respiratory care,	114
or billing for respiratory care rendered by a person licensed	115
under this chapter or persons who may provide limited aspects of	116
respiratory care or respiratory care tasks pursuant to division	117
(B) of section 4761.10 of the Revised Code.	118

(C) Notwithstanding division (A) of section 4761.10 of the	119
Revised Code, in a life-threatening situation, in the absence of	120
licensed personnel, unlicensed persons shall not be prohibited	121
from taking life-saving measures.	122

(D) Nothing in this chapter shall be construed as authorizing	123
a respiratory care professional to practice medicine and surgery	124
or osteopathic medicine and surgery. This division does not	125
prohibit a respiratory care professional from administering	126
topical or intradermal medications for the purpose of producing	127
localized decreased sensation as part of a procedure or task that	128
is within the scope of practice of a respiratory care	129
professional.	130