# Title 43 — Occupations and Professions

## Chapter 43-42 — Respiratory Care Practitioners

### § 43-42-01. Definitions.

In this chapter, unless the context otherwise requires:
1. "Board" means the state board of respiratory care.
2. "Bona fide respiratory care training program" means a program of respiratory care
education which is accredited by the commission on accreditation of respiratory care,
or the commission's successor organization.
3. "Certification examination" means the entry level examination for respiratory therapists
administered by the national board for respiratory care or its successor organization.
4. "Certified respiratory therapist" means a person licensed by the board to practice
respiratory care under the direction or supervision of a physician or registered
respiratory therapist.
5. "National board for respiratory care" means the body issuing credentials for the
respiratory care profession, or the board's successor organization.
6. "Polysomnography" means the practice of attending, monitoring, and recording
physiologic data during sleep for the purpose of identifying and assisting in the
treatment of sleep-wake disorders.
7. "Registered polysomnographic technologist" means an individual licensed by the
board to practice polysomnography under supervision as prescribed by the board by
rule.
8. "Registered respiratory therapist" means a person licensed by the board to practice
respiratory care.
9. "Registry examination" means the advanced level examination for respiratory
therapists administered by the national board for respiratory care.
10. "Respiratory care" means the health specialty involving the treatment, management,
control, and care of patients with deficiencies and abnormalities of the
cardiopulmonary systems. Respiratory care is implemented on an order from a
licensed physician, certified nurse practitioner, or physician's assistant and includes
the use of medical gases, air and oxygen administering apparatuses, environmental
control systems, humidification and aerosols, drugs and medications, apparatuses for
cardiorespiratory support and control, postural drainage, chest percussion and
vibration and breathing exercises, pulmonary rehabilitation, assistance with
cardiopulmonary resuscitation, maintenance of natural and artificial airways, and
insertion of artificial airways. The term also includes testing techniques to assist in
diagnosis, monitoring, treatment, and research, including the measurement of
cardiorespiratory volumes, pressures and flows, and the drawing and analyzing of
samples of arterial, capillary, and venous blood.
11. "Respiratory therapist" means a certified respiratory therapist or a registered
respiratory therapist.
12. "Respiratory therapy" means respiratory care.
### § 43-42-02. State board of respiratory care.

1. The state board of respiratory care is responsible for the enforcement and
administration of this chapter and for the adoption of any rules necessary to govern the
practice of respiratory care in this state.
2. The board consists of seven members appointed by the governor. Four members must
be respiratory therapists, chosen from a list of eight respiratory therapists supplied to
the governor by the North Dakota society for respiratory care. One member must be a
physician chosen from a list of two physicians supplied to the governor by the North
Dakota medical association. The governor shall appoint one member to be a
representative of the general public. One member must be a registered
polysomnographic technologist chosen from a list of candidates recommended to the
governor by the association of polysomnographic technologists. Members are
appointed for terms of three years. Each member holds office until the member's

successor is duly appointed and qualified. A vacancy in the office of any member may
be filled for the unexpired term only. No member may serve more than two successive
complete terms.
3. The board shall annually select a chairman from among its members. The board shall
meet at least twice each year and also shall meet upon the call of the chairman.
### § 43-42-03. Respiratory therapist and polysomnographic technologist licensing - Fees.

1. The board shall license as a registered respiratory therapist any applicant whom the
board determines to be qualified to perform the duties of a registered respiratory
therapist. In making this determination, the board shall require evidence that the
applicant has successfully completed a bona fide respiratory care training program
and has passed the registry examination. The board shall establish fees not in excess
of one hundred dollars for the issuance and renewal of a registered respiratory
therapist license.
2. The board shall license as a certified respiratory therapist any applicant whom the
board determines to be qualified to perform the duties of a certified respiratory
therapist. In making this determination, the board shall require evidence that the
applicant has successfully completed a bona fide respiratory care training program
and has passed the certification examination. The board shall establish fees not in
excess of ninety dollars for the issuance and renewal of a certified respiratory therapist
license.
3. The board shall license as a registered polysomnographic technologist any applicant
whom the board determines to be qualified to perform the duties of a registered
polysomnographic technologist. In making this determination, the board shall require
evidence that the applicant has complied with the rules adopted by the board under
section 43-42-04.1. The board shall establish fees not in excess of ninety dollars for
issuance and for renewal of a registered polysomnographic technologist license.
4. The board may assess a late fee not in excess of twenty-five dollars for all license
renewal applications that are postmarked after December thirty-first of the year prior to
the year of renewal.
5. The board shall refuse to license any applicant, shall suspend or revoke any license,
or may fine, require additional education or appropriate treatment for any licensee,
after proper notice and a hearing, if the applicant or licensee:
a. Is not qualified or competent to perform the duties of a registered respiratory
therapist, a certified respiratory therapist, or a registered polysomnographic
technologist.
b. Has attempted to obtain or has obtained licensure under this chapter by fraud or
material misrepresentation.
c. Has been found by the board to have been grossly negligent as a registered
respiratory therapist, certified respiratory therapist, or registered
polysomnographic technologist.
d. Has engaged in conduct as a registered respiratory therapist, certified respiratory
therapist, or registered polysomnographic technologist which is unethical,
unprofessional, or detrimental to the health of the public.
e. Has failed to demonstrate satisfactory completion of such continuing courses of
study in respiratory care as the board may require.
f. Has been convicted or adjudged guilty of an offense, as defined by section
12.1-01-04, determined by the board to have a direct bearing upon that
individual's ability to practice respiratory care or polysomnography and is not
sufficiently rehabilitated as determined by the board in accordance with section
12.1-33-02.1.
g. Is habitually drunk or is addicted to the use of a controlled substance as defined
in chapter 19-03.1.
h. Has been declared mentally incompetent by a court of competent jurisdiction, and
who has not thereafter been lawfully declared competent.

6. The board may impose a fee on any person subject to regulation under this chapter to
reimburse the board for all or part of the costs of administrative actions resulting in
disciplinary action, which are not reversed on appeal, including the amount paid by the
board for services from the office of administrative hearings, attorney's fees, court
costs, witness fees, staff time, and other expenses.
7. Licenses issued under this chapter expire annually, but may be renewed upon
application to the board and payment of the annual renewal fee established by the
board. Licenses which have expired, been suspended, or been revoked may be
renewed or reissued upon satisfaction of any conditions that may be established by
the board, and after payment of a fee established by the board.
8. The board shall require as a condition of renewal and relicensure that the applicant
demonstrate satisfactory completion of continuing courses of study in respiratory care.
### § 43-42-04. Respiratory care practice.

The practice of respiratory care may be performed in hospitals, as ambulatory or in-home
care, and in other settings where respiratory care is provided in accordance with a prescription
of a licensed physician, certified nurse practitioner, or physician's assistant. In addition,
respiratory care may be provided during the transportation of a patient, and under any
circumstances in which an epidemic or public disaster necessitates respiratory care. A person
may not practice, nor represent that the person is able to practice, as a registered respiratory
therapist without being licensed as a registered respiratory therapist, or as a certified respiratory
therapist without being licensed as a certified respiratory therapist, in accordance with this
chapter.
### § 43-42-04.1. Polysomnography practice.

1. After December 31, 2005, a person may not practice, nor represent that the person is
able to practice, polysomnography unless licensed under this chapter as a registered
polysomnographic technologist. A registered polysomnographic technologist may not
practice respiratory care except as may be authorized by rules adopted by the board.
A registered polysomnographic technologist is limited in practice to polysomnography
within the scope of practice and limitations as provided by rules adopted by the board.
2. The board shall adopt rules regulating registered polysomnographic technologists and
establishing the scope of practice of a registered polysomnographic technologist. The
rules may include requirements for examination requirements for licensure, education
requirements for licensure, continuing courses of study in polysomnography, and
student practice.
3. This section does not prohibit a respiratory therapist from practicing respiratory care.
### § 43-42-05. Application of chapter.

1. This chapter does not prohibit a person enrolled in a bona fide respiratory care training
program from performing those duties essential for completion of a student's clinical
service; provided, that the duties are performed under the supervision or direction of a
physician or registered respiratory therapist and the person is identified as a "student
respiratory therapist".
2. If examinations prepared by the national board for respiratory care are no longer
available or become unacceptable to the board, the board may develop, approve, and
use examinations for the licensure of registered respiratory therapists and certified
respiratory therapists.
3. This chapter does not prevent a licensed and qualified member of another health care
profession from performing any of the duties of a registered respiratory therapist, a
certified respiratory therapist, or a registered polysomnographic technologist that are
consistent with the accepted standards of that person's profession, provided the
person is not represented as a registered respiratory therapist, certified respiratory
therapist, or registered polysomnographic technologist.

4. This chapter does not prohibit self-care by a patient or the gratuitous care by a friend
or member of the family who does not represent or hold out to be a registered or
certified respiratory therapist.
5. This chapter does not prohibit a licensee under this chapter from performing advances
in the art or techniques of the licensee's licensed profession learned through formal or
specialized training.
6. This chapter does not prohibit an individual licensed or registered as a respiratory
therapist in another state or country from providing respiratory care in an emergency in
this state, providing respiratory care as a member of an organ harvesting team, or
from providing respiratory care on board an ambulance as part of the ambulance
treatment team.
### § 43-42-06. Reciprocity.

An applicant for licensure under this chapter may be granted a license upon satisfactory
proof to the board that the applicant is licensed to practice respiratory care under the laws of
another state which impose substantially the same requirements as this chapter, and upon
payment of the annual license fee.
### § 43-42-07. Penalty.

Any person who practices polysomnography or respiratory care in violation of this chapter is
guilty of an infraction.
### § 43-42-08. Criminal history record checks.

The board may require any applicant or licensee under this chapter to submit to a statewide
and nationwide criminal history record check. The nationwide criminal history record check must
be conducted in the manner provided by section 12-60-24. All costs associated with obtaining a
criminal history record check are the responsibility of the applicant or licensee.
