As used in this chapter: (1) "Board" means the Respiratory Care Licensing Board created in Section 58-57-102. (2) (a) "Health care facility" means a facility or institution in which health care services are performed or furnished. (b) "Health care facility" includes a hospital, a clinic, and an emergency care center. (3) (a) "Limited practice of respiratory care" means the practice of respiratory care on a non-critical care patient. (b) "Limited practice of respiratory care" does not include: (i) invasive and noninvasive mechanical ventilation; (ii) arterial line placement; or (iii) high-risk procedures the division defines by rule the division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (4) "Non-critical care patient" means a patient who is not receiving a service from an intensive care unit, an emergency department of a hospital, or an ambulance as that term is defined in Section 53-2d-101. (5) (a) "Practice of respiratory care" means the treatment, operation of equipment, management, diagnostic testing, and care of a human disease, deficiency, pain, injury, or other physical condition associated with the cardiopulmonary system under the qualified medical direction or supervision of a practitioner who has training and knowledge in the diagnosis, treatment, and assessment of respiratory problems. (b) "Practice of respiratory care" includes: (i) accepting and carrying out a practitioner's written, verbal, or telephonic prescription or order specifically relating to respiratory care in a hospital or other health care setting and in consultation with a licensed nurse, as appropriate; (ii) administering respiratory care during transportation of a patient and under other circumstances where an emergency requires immediate respiratory care; (iii) serving as a resource to other health care professionals and hospital administrators in relation to the technical aspects of, and the safe and effective methods for, administering respiratory care; (iv) functioning in situations of patient contact requiring individual judgment in administering respiratory care under the general supervision of a qualified practitioner; and (v) supervising, directing, or teaching personnel in the performance of respiratory care modalities as part of an approved education program for respiratory care. (c) "Practice of respiratory care" does not include: (i) the delivery, installation, or maintenance of respiratory related durable medical equipment; or (ii) giving instructions regarding the use of respiratory related durable medical equipment if the individual giving the instruction does not perform clinical evaluation or treatment of the patient. (6) "Practitioner" means an individual currently licensed, registered, or otherwise authorized by the appropriate jurisdiction to prescribe and administer drugs and order respiratory care in the course of professional practice. (7) "Respiratory related durable medical equipment" means: (a) medical grade oxygen; (b) equipment and supplies related to medical gases; (c) apnea monitors; (d) oximeters; (e) noninvasive positive pressure generators, except those with back-up respiratory rate or when used invasively; (f) bilirubin lights; (g) suctioning equipment; (h) large volume nebulizers with compressors, except when used invasively in conjunction with an artificial airway; (i) medication nebulizers; (j) enteral nutrition equipment; and (k) other respiratory related equipment intended for use in the home as the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (8) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-57-110. (9) (a) "Unprofessional conduct" means the same as that term is defined in Section 58-1-501 and as the division may define by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (b) "Unprofessional conduct" includes: (i) acting contrary to the instructions of the practitioner responsible for supervising the licensee; (ii) knowingly operating respiratory care equipment that is unsafe or not in compliance with standards of condition or operation consistent with the patient's safety; (iii) permitting an individual to operate respiratory care equipment who is not competent or not allowed to operate the equipment; (iv) revealing to an unauthorized individual confidential or privileged information about a patient; (v) using a controlled substance, unless a practitioner prescribes the controlled substance and the respiratory care practitioner uses the controlled substance in accordance with the practitioner's instructions; and (vi) making a statement that is incorrect due to negligence, willfulness, or intent to provide false information or entry on a patient record or other record that is used for payment of respiratory care services. Renumbered and Amended by Chapter 96, 2026 General Session
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