Bill Text: AZ SB1215 | 2015 | Fifty-second Legislature 1st Regular | Engrossed
Bill Title: Respiratory care; temporary licensure; repeal
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-04-01 - Chapter 156 [SB1215 Detail]
Download: Arizona-2015-SB1215-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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SENATE BILL 1215 |
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AN ACT
Amending sections 32-3506 and 32-3521, Arizona Revised Statutes; relating to the board of respiratory care examiners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-3506, Arizona Revised Statutes, is amended to read:
32-3506. Executive director; duties; compensation
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 determined pursuant to section 38‑611.
C. The executive director shall:
1. Perform the board's administrative duties.
2. Subject to title 41, chapter 4, article 4 and, as applicable, articles 5 and 6, employ, evaluate, dismiss, discipline and direct personnel as necessary to carry out board functions.
3. Issue temporary license certificates and temporary license renewal certificates pursuant to section 32‑3521 and board rules.
4. 3. Initiate an investigation if there is reason to believe that a licensee is incompetent, mentally or physically unable to safely practice respiratory care or engaged in unprofessional conduct.
5. 4. Issue subpoenas if necessary to compel the attendance and testimony of witnesses and the production of books, records, documents and evidence.
6. 5. As directed by the board, sign and execute disciplinary orders, rehabilitative orders and notices of hearings.
7. 6. On behalf of the board, enter into stipulated agreements with licensees for the treatment, rehabilitation and monitoring of chemical substance abuse or misuse.
8. 7. Perform all other duties required by the board.
Sec. 2. Section 32-3521, Arizona Revised Statutes, is amended to read:
32-3521. Allowable respiratory care services; transactions by medical equipment dealers
A. An applicant who has filed an application for licensure may perform respiratory care services without a license if the services are performed under the direct supervision of a licensed respiratory care practitioner or a physician licensed pursuant to chapter 13 or 17 of this title from the date that he receives notice that his application is on file to the date that he receives his license. This period shall not exceed one year. During this period the board shall grant the applicant a temporary license. After that time period, the board shall review the applicant's excepted status and may renew the temporary license for an additional one hundred twenty days.
B. A. This chapter does not prohibit:
1. The performance of respiratory care services which that are an integral part of a program of study by students enrolled in respiratory therapy training programs if the services are rendered under the supervision of a licensed respiratory care practitioner or a physician licensed pursuant to chapter 13 or 17 of this title.
2. Self‑care by a patient or the gratuitous care by a friend or relative who does not purport to be a licensed respiratory care practitioner.
3. The performance of respiratory care services in case of an emergency, including an epidemic or public disaster.
4. The performance of respiratory care services by registered, certified or licensed individuals as provided pursuant to chapters 7, 8, 11, 13, 14, 15, 17, 18, 19, 21, 25, 28 and 29 of this title and title 36, chapter 21.1.
5. The performance of specific diagnostic testing techniques relating to respiratory care by a person under medical direction in a clinical laboratory that is regulated pursuant to title 36, chapter 4.1.
6. The performance of respiratory care services by a person employed as a respiratory therapist or respiratory therapy technician by the United States government or any of its agencies if that person provides respiratory therapy only under the direction or control of the federal government or an agency of the federal government.
7. Medical equipment dealers who comply with subsection C B of this section from taking a prescription for respiratory equipment, as long as that prescription is verified by a licensed respiratory therapist or respiratory therapy technician, and delivering oxygen equipment to or demonstrating the operation, safety and maintenance of oxygen equipment at a patient's home.
C. B. In a sale or lease of respiratory equipment by a medical equipment dealer to a patient, the terms of the sale or lease shall be in writing and signed by the parties describing the date of the sale or lease, the equipment to be sold or leased and the cost and method of payment for the equipment and shall include verification by a licensed respiratory therapist or respiratory therapy technician attesting that purchase or lease of the equipment is consistent with the prescription and the needs of the patient. The patient shall be provided a copy of all documents pertaining to the sale or lease at the time the documents are signed by the parties.
