Read the full stored bill text
HB-5150, As Passed House, May 21, 2026
EMR H02839'25 (H-2)_HB5150_APH_1 6fnzcw
SUBSTITUTE FOR
HOUSE BILL NO. 5150
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16344, 18701, 18703, 18707, and 18709 (MCL
333.16344, 333.18701, 333.18703, 333.18707, and 333.18709), as
added by 2004 PA 3, and by adding sections 18710 and 18712.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1
2
3
4
5
6
Sec. 16344. Fees for an individual licensed or seeking
licensure as a to engage in the practice of respiratory therapist
care under part 187 are as follows:
(a) Application processing fee $ 20.00
(b) License fee, per year
75.00
(c) Temporary license 75.00
2
EMR H02839'25 (H-2)_HB5150_APH_1 6fnzcw
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
(d) Limited license 27.50
Sec. 18701. (1) As used in this part:
(a) "Health facility" means a health facility or agency
licensed under article 17.
(b) "Medical director" means a physician who is responsible
for the quality, safety, appropriateness, and effectiveness of the
respiratory care services provided by a respiratory therapist, who
assists in quality monitoring, protocol development, and competency
validation, and who meets all of the following:
(i) Is the medical director of an inpatient or outpatient
respiratory care service or department within a health facility, or
of a home care agency, durable medical equipment company, or
educational program.
(ii) Has special interest and knowledge in the diagnosis and
treatment of cardiopulmonary disorders and diseases.
(iii) Is qualified by training or experience, or both, in the
management of acute and chronic cardiopulmonary disorders and
diseases.
(c) "Other qualified practitioner" means any of the following:
(i) An advanced practice registered nurse as that term is
defined in section 17201 who is acting under the delegation of a
physician.
(ii) A physician's assistant who is licensed under part 170 or
part 175.
(d) (c) "Physician" means that term as defined in sections
17001 and 17501.
(e) (d) "Practice of respiratory care" means the provision of
respiratory care services. Practice of respiratory care may be
provided by an inpatient or outpatient service or department within
3
EMR H02839'25 (H-2)_HB5150_APH_1 6fnzcw
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
a health facility, by a home care agency or durable medical
equipment company, or by an educational program.
(f) (e) "Respiratory care services" means preventative
services, diagnostic services, therapeutic services, and
rehabilitative services under the written, verbal, or
telecommunicated order of a physician or other qualified
practitioner to an individual with a disorder, disease, or
abnormality of the cardiopulmonary system as diagnosed by a
physician. Respiratory care services involve, but are not limited
to, observing, and providing or offering to provide a service
involving the evaluation of cardiopulmonary function, the treatment
of cardiopulmonary impairment, the assessment of treatment
effectiveness, and the care of patients with deficiencies and
abnormalities associated with the cardiopulmonary system.
Respiratory care services include, but are not limited to, the
following:
(i) Observing, assessing, and monitoring signs and symptoms,
reactions, general behavior, and general physical clinical response
of individuals to respiratory care, services, including
determination of determining whether those signs, symptoms,
reactions, behaviors, or general physical clinical response exhibit
abnormal characteristics. ; the
(ii) The administration, monitoring, documentation, and
instruction of pharmacological, diagnostic, and therapeutic agents
related to respiratory care. services; the collection of blood
specimens and other bodily fluids and tissues for, and the
performance of, cardiopulmonary diagnostic testing procedures
including, but not limited to, blood gas analysis;
(iii) Obtaining, analyzing, testing, measuring, and monitoring
4
EMR H02839'25 (H-2)_HB5150_APH_1 6fnzcw
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
blood and gas samples in the determination of cardiopulmonary
parameters and related physiologic data, including, but not limited
to, flows, pressures, and volumes, and the use of equipment
employed for the purposes described in this subparagraph.
(iv) The development, implementation, and modification of
respiratory care treatment plans based on assessed abnormalities of
the cardiopulmonary system, respiratory care protocols, clinical
pathways, referrals, and written, verbal, or telecommunicated
orders of a physician or other qualified practitioner. ;
application,
(v) The application, operation, and management of mechanical
ventilatory support and other means of life support. ; and the
(vi) Performing cardiopulmonary resuscitation, inserting and
maintaining artificial airways and arterial and venous lines, and
hemodynamic monitoring.
(vii) The initiation of emergency procedures under the rules
promulgated by the board.under this part.
(viii) Performing therapeutic bronchoscopy, diagnostic
bronchoscopy, hyperbaric oxygen therapy, electrophysiological
monitoring, and extracorporeal membrane oxygenation.
(g) (f) "Respiratory therapist" and "respiratory care
practitioner" mean an individual engaged who is licensed under this
article to engage in the practice of respiratory care. and who is
responsible for providing respiratory care services and who is
licensed under this article as a respiratory therapist or
respiratory care practitioner.
(2) In addition to the definitions in this part, article 1
contains general definitions and principles of construction
applicable to all articles in this code and part 161 contains
5
EMR H02839'25 (H-2)_HB5150_APH_1 6fnzcw
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
definitions applicable to this part.
Sec. 18703. Beginning the effective date of the amendatory act
that added this part, an An individual shall not use the titles
"respiratory therapist", "respiratory care practitioner", "licensed
respiratory therapist", "licensed respiratory care practitioner",
"r.t.", "r.c.p.", "l.r.t.", "l.r.c.p.", or similar words that
indicate the individual is a respiratory therapist unless the
individual is licensed under this article as a respiratory
therapist or respiratory care practitioner.
Sec. 18707. (1) An individual shall not engage in the practice
of respiratory care or provide or offer to provide respiratory care
services unless the individual is licensed under this part.
(2) Subsection (1) does not prevent any of the following:
(a) An individual licensed under any other part or act from
performing activities that are considered the practice of
respiratory care services if those activities are within the
individual's scope of practice and if the individual does not use
the titles protected under section 18703.
(b) An individual not licensed under this part from performing
activities that are considered the practice of respiratory care
services while under the supervision of an individual who is
licensed under this part as a respiratory therapist or respiratory
care practitioner, if the individual does not use the titles
protected under section 18703.
(c) An individual not licensed under this part from performing
activities that are considered diagnostic services if the
individual possesses a level of training approved by the board, has
successfully passed a credentialing examination approved by the
department, in consultation with the board, and if the individual
6
EMR H02839'25 (H-2)_HB5150_APH_1 6fnzcw
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
does not use the titles protected under section 18703.
(d) The practice of respiratory care which that is an integral
part of a program of study by students a student enrolled in an
accredited respiratory therapist educational program approved by
the board, provided that they are if the student is identified as a
student and provide provides respiratory care services only while
under the supervision of a licensed respiratory therapist or
respiratory care practitioner.
(e) Self-care by a patient or uncompensated care by a friend
or family member who does not represent or hold himself or herself
themself out to be a licensed respiratory therapist or respiratory
care practitioner.
Sec. 18709. (1) The department, in consultation with the
board, shall promulgate rules under section 16145 as necessary or
appropriate to fulfill its functions under this article. In
promulgating rules to establish requirements for licensure, under
section 16145, the department, in consultation with the board,
shall adopt all of the following requirements:
(a) Successful completion of an accredited respiratory
therapist training educational program approved by the department
in consultation with the board.
(b) Having at least a 2-year associate's associate degree from
an accredited college or university approved by the department in
consultation with the board.
(c) Having the credential conferred by the national board
National Board for respiratory care Respiratory Care or its
successor organization as a respiratory therapist or its successor
credential, as approved by the department in consultation with the
board.
7
EMR H02839'25 (H-2)_HB5150_APH_1 6fnzcw
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
(2) The department shall issue An individual must be granted a
license as a respiratory therapist to an individual who had either
of the credentials if the individual meets any of the following
conditions:
(a) Until 1 year after the effective date of the amendatory
act that added subdivision (b), the individual holds a current and
active credential as a registered respiratory therapist or
certified respiratory therapist , or their predecessor credentials,
conferred by from the national board National Board for respiratory
care, Respiratory Care or its successor, or its predecessor
organization, on or before the effective date of this part, and who
applies for licensure as a respiratory therapist within 1 year
after the effective date of this part.an equivalent credential as
determined by the department in consultation with the board.
(b) Beginning 1 year after the effective date of the
amendatory act that added this subdivision, the individual holds a
current and active credential as a registered respiratory therapist
from the National Board for Respiratory Care or its successor, or
an equivalent credential as determined by the department in
consultation with the board.
(3) The department shall issue a license as a respiratory
therapist to an individual who is a holder of a temporary license
as a respiratory therapist if a holder of a temporary license meets
all of the following requirements:
(a) Applies for licensure as a respiratory therapist prior to
the expiration of his or her temporary license as prescribed in
section 18711(2).
(b) Provides proof to the department that he or she has
successfully completed the national credentialing exam by the
8
EMR H02839'25 (H-2)_HB5150_APH_1 6fnzcw
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
national board for respiratory care or its successor organization,
as approved by the department.
(4) The department may utilize the standards contained in the
clinical practice guidelines issued by the American association of
respiratory care that are in effect on the effective date of this
part as interim standards, which are adopted by reference, until
rules are promulgated under subsection (1).
Sec. 18710. (1) Beginning 1 year after the effective date of
the amendatory act that added this section, an individual who, in
addition to meeting the requirements of part 161, meets both of the
following requirements must be granted a limited license:
(a) Is enrolled and in good standing in a respiratory
therapist educational program that meets the requirements described
in section 18709(1) or is a graduate of a respiratory therapist
educational program that meets the requirements described in
section 18709(1).
(b) Provides a verification of education form that is
completed by the respiratory therapist educational program
described in subdivision (a) to the department.
(2) All of the following apply to an individual who is granted
a limited license under this section:
(a) The individual may perform a respiratory care service only
if all of the following are met:
(i) The individual has successfully completed a course in the
educational program described in subsection (1) covering the
respiratory care service and the successful completion of the
course is documented in the verification of education form
described in subsection (1).
(ii) The respiratory care service is being provided to a
9
EMR H02839'25 (H-2)_HB5150_APH_1 6fnzcw
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
patient who is an adult and who is not a critical care patient.
(iii) The individual is acting under the supervision of a
respiratory therapist.
(b) The individual shall meet at least 1 time each working
day, in person, with the respiratory therapist described in
subdivision (a) to review the clinical activities of the
individual. The respiratory therapist described in subdivision (a)
shall provide any redirection or clinical correction during the
meeting described in this subdivision and shall review an entry by
the individual in a patient's medical record not more than 7 days
after the individual makes the entry.
(3) A limited license granted under this section expires at
the earliest of the following times:
(a) One year after the date the limited license is granted.
(b) The date the individual becomes licensed under section
18709(2)(b).
(4) A limited license granted under this section may be
renewed once.
(5) This section does not require a student meeting the
requirements described in section 18707(2)(d) to obtain a limited
license under this section.
Sec. 18712. (1) Beginning on the effective date prescribed by
the department by rule, in addition to the requirements of part
161, a licensee seeking renewal of the licensee's license shall
furnish the department with satisfactory evidence that, during the
licensing period immediately preceding the licensee's application
for renewal, the licensee has met 1 of the following conditions:
(a) Subject to subsection (3), if the licensee is licensed
under section 18709, the licensee completed at least 15 clock hours
10
EMR H02839'25 (H-2)_HB5150_APH_1 6fnzcw
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
of continuing education courses that are designed to further
educate licensees, as approved by the board.
(b) The licensee has successfully passed 1 of the following:
(i) A written professional examination administered by the
National Board for Respiratory Care, including, but not limited to,
the registry examination for advanced respiratory therapists, the
recredentialing examination for certified respiratory therapists,
the pulmonary function technology examination, the neonatal or
pediatric specialty examination, the sleep disorder specialty
examination, or an equivalent written professional examination as
determined by the board.
(ii) The registered polysomnographic technologist examination
administered by the Board of Registered Polysomnographic
Technologists, the certified asthma education examination
administered by the National Asthma Educator Certification Board,
or an equivalent examination as determined by the board.
(2) As required under section 16204, each applicant for
license renewal shall complete as part of the requirements under
subsection (1) an appropriate number of hours or courses in pain
and symptom management, as prescribed by rule.
(3) None of the following meet the continuing education
requirement described in subsection (1):
(a) A course on basic life support or cardiopulmonary
resuscitation.
(b) An educational activity if the educational activity has
the identical objective and content as another educational activity
used for continuing education during the same licensing period
immediately preceding the licensee's application for renewal.
(c) An employer-specific orientation or in-service program
11
EMR H02839'25 (H-2)_HB5150_APH_1 6fnzcw
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
that does not significantly enhance the practice of respiratory
care.
(d) Self-directed independent study, including, but not
limited to, reading a text or journal article that has not been
approved by the board.
(e) Participation in clinical practice or research if it is
not part of a continuing education activity approved by the board.
(f) A personal development activity that is not taken for the
purposes of meeting a continuing education requirement.
(g) A professional meeting or convention unless the meeting or
convention or a portion of the meeting or convention is a
continuing education activity approved by the board.
(h) Community service and volunteer practice.
(i) Membership in a professional organization.
(j) A contact hour if the licensee is required to complete the
contact hour by rule and the contact hour would result in the
licensee exceeding the clock hours prescribed in this section.
(4) A licensee shall maintain evidence of the licensee's
compliance with the requirements of this section for a period of 4
years after the date of the licensee's application for renewal,
during which time the licensee may be required to submit the
evidence for auditing purposes.
(5) The department shall promulgate rules to implement this
section by 1 year after the effective date of the amendatory act
that added this section.
(6) As used in this section:
(a) "Clock hour" means a period of 50 to 60 minutes.
(b) "Contact hour" means a period of 50 to 60 minutes of
planned classroom, clinical, or provider-directed independent
12
Final Page
EMR H02839'25 (H-2)_HB5150_APH_1 6fnzcw
1
2
3
study.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.