§ 4701. Definitions

As used in this chapter:

(1) "Advisor" means an advisor appointed to give advice to the Director of the Office of Professional Regulation under section 4705 of this title.

(2) "Consultation by telecommunications" means a respiratory care practitioner renders professional or expert opinion or advice via telecommunications or computer technology from another location. The term includes the transfer of data or exchange of educational or related information by any means of audio, video, or data communications.

(3) "Direct supervision" means a respiratory care practitioner licensed in this State is physically present and is immediately available to direct and supervise tasks related to patient management.

(4) "Director" means the Director of the Office of Professional Regulation.

(5) "Disciplinary action" includes any action taken by the Director or by an administrative law officer established by 3 V.S.A. § 129(j) against a respiratory care practitioner or applicant premised on a finding that he or she has engaged in unprofessional conduct. The term includes all sanctions of any kind, refusing to grant or renew licensure, suspending or revoking licensure, and issuing warnings, reprimands, administrative penalties, and conditions.

(6) "Indirect supervision" means a respiratory care practitioner licensed in this State is immediately available for consultation, direction, or supervision regarding the practice or performance of respiratory care.

(7) "Performance of respiratory care" means respiratory care in accordance with the prescription of a licensed physician, licensed osteopath, certified physician assistant, certified anesthesiologist assistant, or licensed nurse practitioner, including the diagnostic and therapeutic use of the following:

(A) Medical gases (except for the purpose of anesthesia), aerosols, and humidification.

(B) Pharmacologic agents.

(C) Mechanical or physiological ventilatory support.

(D) Bronchopulmonary hygiene.

(E) Cardiopulmonary resuscitation.

(F) Insertion and maintenance of artificial airways.

(G) Specific diagnostic and testing techniques employed in the medical management of patients to assist in diagnosis, monitoring, treatment, and research of pulmonary abnormalities, including measurements of ventilatory volumes, pressures, and flows, collection and analysis of specimens of blood and blood gases and specimens from the respiratory tract, expired and inspired gas samples, respiratory secretions, and pulmonary function testing and hemodynamic and other related physiologic measurements of the cardiopulmonary system.

(H) Insertion and maintenance of arterial and venous catheters.

(8) "Practice of respiratory care" means:

(A) Direct and indirect respiratory care services, including the administration of pharmacologic, diagnostic, and therapeutic agents necessary to implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic regimen by a licensed physician, physician assistant, anesthesiologist assistant, or nurse practitioner.

(B) Transcription and implementation of written or verbal orders of a licensed physician, physician assistant, anesthesiologist assistant, or nurse practitioner that pertains to the practice of respiratory care.

(C) Observing and monitoring signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing, including determination of whether such signs, symptoms, reactions, behavior, or general response exhibits abnormal characteristics.

(D) Implementing report, referral, and respiratory care protocols or changes in treatment, based on observed abnormalities, pursuant to a physician, physician assistant, anesthesiologist assistant, or nurse practitioner's prescription.

(E) Initiating emergency procedures pursuant to rules adopted by the Director or as otherwise provided under this chapter.

(F) Respiratory care may be practiced in any clinic, hospital, skilled nursing facility, private dwelling, or other place deemed appropriate or necessary by the Director and in accordance with the prescription or verbal orders of a licensed physician, physician assistant, anesthesiologist assistant, or nurse practitioner.

(9) "Respiratory care" means the allied health profession responsible for the treatment, management, diagnostic testing, control, and care of patients with deficiencies and abnormalities associated with cardiopulmonary systems under the direction of a physician, physician assistant, anesthesiologist assistant, or nurse practitioner. Respiratory care also includes inhalation therapy and respiratory therapy.

(10) "Respiratory care educational program" means a program accredited by the Committee on Accreditation for Respiratory Care (CoARC) or by the Commission on Accreditation of Allied Health Education Programs (CAAHEP), or their successor organizations. To qualify for the student respiratory therapist's license, the applicant must be actively enrolled, and in good standing, in a program accredited by one of the agencies listed in this subdivision.

(11) "Respiratory care practitioner" means a person:

(A) employed in the practice or performance of respiratory care who has the knowledge and skill necessary to administer the functions defined in subdivision (8) of this section;

(B) capable of serving as a resource in relation to the clinical and technical aspects of respiratory care as to the safe and effective methods for administering respiratory care modalities;

(C) able to function in situations of unsupervised patient contact requiring individual judgment;

(D) capable of supervising, directing, or teaching less skilled personnel in the provision of respiratory care services.

(12) "Supervisor of record" means a respiratory care practitioner licensed in this State who has been practicing actively as a respiratory care practitioner for at least two years prior to becoming a supervisor of record and is employed by the same employer as the person being supervised. (Added 2003, No. 139 (Adj. Sess.), § 2.)