Okla. Stat. tit. 59, § 59-2042
This is the official text of Okla. Stat. tit. 59, § 59-2042, part of Oklahoma’s Stat. tit. 59, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 59,." Browse the sections below, each linked to its official government source.
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Practice of respiratory care without license prohibited -
Official statutory text
Exceptions - Practices of other health care personnel not to be
limited - Performance of specific functions qualified by examination
not prohibited.
A. No person shall practice respiratory care or represent
themselves to be a respiratory care practitioner unless licensed
under the Respiratory Care Practice Act, except as otherwise
provided by the Respiratory Care Practice Act.
B. The Respiratory Care Practice Act does not prohibit:
1. The practice of respiratory care which is an integral part
of the program of study by students enrolled in a respiratory care
education program recognized by the State Board of Medical Licensure
and Supervision. Students enrolled in respiratory therapy education
programs shall be identified as "student - RCP" and shall only
provide respiratory care under clinical supervision;
2. Self-care by a patient, or gratuitous care by a friend or
family member who does not represent or hold out to be a respiratory
care practitioner;
3. Monitoring, installation or delivery of medical devices,
gases and equipment and the maintenance thereof by a nonlicensed
person for the express purpose of self-care by a patient or
gratuitous care by a friend or family member;
4. Respiratory care services rendered in the course of an
emergency;
5. Persons in the military services or working in federal
facilities from rendering respiratory care services when functioning
in the course of their assigned duties;
6. The respiratory care practitioner from performing advances
in the art and techniques of respiratory care learned through
formalized or specialized training; and
7. For purposes of continuing education, consulting, or
training, any person performing respiratory care in the state, if
these services are performed for no more than thirty (30) days in a
calendar year in association with a respiratory care practitioner
licensed pursuant to the Respiratory Care Practice Act or in
association with a licensed physician or surgeon, if:
a. the person is licensed as a respiratory care
practitioner or the equivalent, as determined by the
Oklahoma Statutes - Title 59. Professions and Occupations Page 1420
State Board of Medical Licensure and Supervision, in
good standing in another state or the District of
Columbia, or
b. the person holds a professional respiratory care
credential as conferred by the National Board for
Respiratory Care or its successor or equivalent
accrediting agency as identified by the Respiratory
Care Advisory Committee and approved by the State
Board of Medical Licensure and Supervision.
C. Nothing in the Respiratory Care Practice Act shall limit,
preclude, or otherwise interfere with the lawful practices of
persons working under the supervision of the responsible physician.
In addition, nothing in the Respiratory Care Practice Act shall
interfere with the practices of health care personnel who are
formally trained and licensed by appropriate agencies of this state.
D. An individual who, by passing an examination which includes
content in one or more of the functions included in the Respiratory
Care Practice Act, and who has passed an examination that meets the
standards of the National Commission for Health Certifying Agencies
(NCHCA) or an equivalent organization, shall not be prohibited from
performing the procedures for which they were tested. An individual
who has demonstrated competency in one or more areas covered by the
Respiratory Care Practice Act may perform only those functions for
which the individual is qualified by examination to perform. The
standards of the National Commission for Health Certifying Agencies
shall serve to evaluate those examinations and examining
organizations.
E. Practitioners regulated under the Respiratory Care Practice
Act shall be covered under the "Good Samaritan Act", Section 5 et
seq. of Title 76 of the Oklahoma Statutes.
limited - Performance of specific functions qualified by examination
not prohibited.
A. No person shall practice respiratory care or represent
themselves to be a respiratory care practitioner unless licensed
under the Respiratory Care Practice Act, except as otherwise
provided by the Respiratory Care Practice Act.
B. The Respiratory Care Practice Act does not prohibit:
1. The practice of respiratory care which is an integral part
of the program of study by students enrolled in a respiratory care
education program recognized by the State Board of Medical Licensure
and Supervision. Students enrolled in respiratory therapy education
programs shall be identified as "student - RCP" and shall only
provide respiratory care under clinical supervision;
2. Self-care by a patient, or gratuitous care by a friend or
family member who does not represent or hold out to be a respiratory
care practitioner;
3. Monitoring, installation or delivery of medical devices,
gases and equipment and the maintenance thereof by a nonlicensed
person for the express purpose of self-care by a patient or
gratuitous care by a friend or family member;
4. Respiratory care services rendered in the course of an
emergency;
5. Persons in the military services or working in federal
facilities from rendering respiratory care services when functioning
in the course of their assigned duties;
6. The respiratory care practitioner from performing advances
in the art and techniques of respiratory care learned through
formalized or specialized training; and
7. For purposes of continuing education, consulting, or
training, any person performing respiratory care in the state, if
these services are performed for no more than thirty (30) days in a
calendar year in association with a respiratory care practitioner
licensed pursuant to the Respiratory Care Practice Act or in
association with a licensed physician or surgeon, if:
a. the person is licensed as a respiratory care
practitioner or the equivalent, as determined by the
Oklahoma Statutes - Title 59. Professions and Occupations Page 1420
State Board of Medical Licensure and Supervision, in
good standing in another state or the District of
Columbia, or
b. the person holds a professional respiratory care
credential as conferred by the National Board for
Respiratory Care or its successor or equivalent
accrediting agency as identified by the Respiratory
Care Advisory Committee and approved by the State
Board of Medical Licensure and Supervision.
C. Nothing in the Respiratory Care Practice Act shall limit,
preclude, or otherwise interfere with the lawful practices of
persons working under the supervision of the responsible physician.
In addition, nothing in the Respiratory Care Practice Act shall
interfere with the practices of health care personnel who are
formally trained and licensed by appropriate agencies of this state.
D. An individual who, by passing an examination which includes
content in one or more of the functions included in the Respiratory
Care Practice Act, and who has passed an examination that meets the
standards of the National Commission for Health Certifying Agencies
(NCHCA) or an equivalent organization, shall not be prohibited from
performing the procedures for which they were tested. An individual
who has demonstrated competency in one or more areas covered by the
Respiratory Care Practice Act may perform only those functions for
which the individual is qualified by examination to perform. The
standards of the National Commission for Health Certifying Agencies
shall serve to evaluate those examinations and examining
organizations.
E. Practitioners regulated under the Respiratory Care Practice
Act shall be covered under the "Good Samaritan Act", Section 5 et
seq. of Title 76 of the Oklahoma Statutes.
Status: in_force · Read it on the official government site
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