Title 32 — Professions and Occupations

In this chapter, unless the context otherwise requires: 1. "Board" means the board of respiratory care examiners. 2. "Diagnostic testing" includes obtaining physiologic samples and determining acid-base status and blood gas values from blood samples and pulmonary function measure…

A. The board of respiratory care examiners is established consisting of seven members appointed by the governor. Each board member shall be a resident of this state at the time of appointment. The governor shall appoint: 1. Three licensed respiratory care practitioners, at least …

A. The board shall meet in January of each year to elect a chairman and other officers. The board shall hold at least one additional meeting before the end of each calendar year. Other meetings may be convened at the call of the chairman or the written request of any two board me…

A. The board shall: 1. Enforce and administer this chapter. 2. Adopt rules necessary to administer this chapter. 3. Examine applicants for licensure pursuant to this chapter at times and places it designates. 4. Investigate each applicant for licensure, before a license is issued…

A. The board of respiratory care examiners fund is established. Pursuant to sections 35-146 and 35-147, the board shall deposit fifteen percent of all monies from whatever source that come into the possession of the board in the state general fund and deposit the remaining eighty…

(L24, Ch. 222, sec. 46. Eff. 7/1/28) A. The board of respiratory care examiners fund is established. Pursuant to sections 35-146 and 35-147, the board shall deposit ten percent of all monies from whatever source that come into the possession of the board in the state general fund…

A. Subject to title 41, chapter 4, article 4, the board shall appoint an executive director who serves at the pleasure of the board. The executive director shall not be a board member. B. The executive director and other board employees are eligible to receive compensation as det…

A. This chapter does not prohibit: 1. The performance of respiratory care services that are an integral part of a program of study by students who are enrolled in respiratory therapy training programs if the services are rendered under the supervision of a licensed respiratory ca…

A. All applications for licenses to practice respiratory care shall be filed with the board. B. Each application shall: 1. Be accompanied by the prescribed application fee. 2. Be signed by the applicant. 3. Contain a statement under oath of the facts entitling the applicant to ta…

A. An applicant for a license shall: 1. Be a high school graduate or the equivalent as prescribed by the board by rule. 2. Be a graduate of a respiratory therapy training program. 3. Pass a written examination approved by the board or be eligible to take a written examination pur…

The board may issue a license to an applicant without examination if the applicant: 1. Files an application pursuant to section 32-3522. 2. Satisfies the requirements prescribed in section 32-3523. 3. At the time of applying, is either: (a) Licensed as a licensed respiratory care…

Except as provided in section 32-4301, a license issued under this chapter is subject to renewal every other year on or before the birthday of the licensee and expires unless renewed. The board may renew an expired license within ninety days after the expiration of the license if…

A. The board by rule shall establish and collect fees that do not exceed the following: 1. Application for a license, one hundred dollars. 2. Application based on a diploma from a foreign respiratory therapy school, two hundred dollars. 3. Initial license, two hundred dollars. 4.…

A. A person who is licensed pursuant to this chapter may use: 1. The title "licensed respiratory care practitioner" or the initials "R.C.P." which indicate that he is a licensed respiratory care practitioner. 2. An initial or other suffix which indicates possession of a specific …

A. The board may deny an application for a license or take disciplinary action pursuant to section 32-3553 if the applicant or licensee: 1. Makes a material misrepresentation on an application or procures a license by fraud. 2. Negligently or knowingly employs an unlicensed perso…

A. The board on its own motion may investigate any evidence that relates to a licensee and that appears to show the existence of any of the causes for disciplinary action prescribed in section 32-3552 or that a licensed respiratory care practitioner is or may be professionally in…

A. If the license of a licensed respiratory care practitioner is revoked or probation is imposed he may apply to the board for reinstatement of his license or modification of the conditions of the probation one year after the date of revocation or imposition of probation. B. The …

A. The board may issue subpoenas to compel attendance of witnesses and the production of documents and administer oaths, take testimony, hear offers of proof and receive exhibits in evidence in connection with a board investigation or hearing. If a board subpoena is disobeyed, th…

From and after August 31, 1991, it is unlawful for a person to: 1. Engage in the practice of respiratory care unless he is licensed or excepted from licensure pursuant to this chapter. 2. Represent himself to be a licensed respiratory care practitioner or an inhalation therapist …

A. In addition to all other available remedies, if the board has any reason to believe that a person has violated a provision of this chapter or a board rule, the board through the attorney general or the county attorney of the county in which the violation is alleged to have occ…

A person who violates a provision of this chapter is guilty of a class 1 misdemeanor.