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SENATE BILL NO. 1037
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 18701 (MCL 333.18701), as added by 2004 PA 3,
and by adding sections 16187h and 18703a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16187h. (1) The respiratory care interstate compact is 1
enacted into law and entered into by this state as a party state 2
with all other jurisdictions that legally join in the compact, in 3
the form substantially as follows: 4
June 11, 2026, Introduced by Senator CAMILLERI and referred to Committee on Health Policy.
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RESPIRATORY CARE INTERSTATE COMPACT 1
SECTION 1. TITLE AND PURPOSE 2
A. The purpose of this Compact is to facilitate the interstate 3
Practice of Respiratory Therapy with the goal of improving public 4
access to Respiratory Therapy services by providing Respiratory 5
Therapists licensed in a Member State the ability to practice in 6
other Member States. The Compact preserves the regulatory authority 7
of states to protect public health and safety through the current 8
system of State licensure. 9
B. This Compact is designed to achieve the following 10
objectives: 11
1. Increase public access to Respiratory Therapy services by 12
creating a responsible, streamlined pathway for Licensees to 13
practice in Member States with the goal of improving outcomes for 14
patients; 15
2. Enhance States' ability to protect the public's health and 16
safety; 17
3. Promote the cooperation of Member States in regulating the 18
Practice of Respiratory Therapy within those Member States; 19
4. Ease administrative burdens on States by encouraging the 20
cooperation of Member States in regulating multistate Respiratory 21
Therapy practice; 22
5. Support relocating Active Military Members and their 23
spouses; and 24
6. Promote mobility and address workforce shortages. 25
SECTION 2. DEFINITIONS 26
As used in this Compact, unless the context requires 27
otherwise, the following definitions shall apply: 28
A. "Active Military Member" means any person with a full-time 29
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duty status in the armed forces of the United States, including 1
members of the National Guard and Reserve. 2
B. "Adverse Action" means any administrative, civil, 3
equitable, or criminal action permitted by a State's laws which is 4
imposed by any State authority with regulatory authority over 5
Respiratory Therapists, such as license denial, censure, 6
revocation, suspension, probation, monitoring of the Licensee, or 7
restriction on the Licensee's practice, not including participation 8
in an Alternative Program. 9
C. "Alternative Program" means a nondisciplinary monitoring or 10
practice remediation process applicable to a Respiratory Therapist 11
approved by any State authority with regulatory authority over 12
Respiratory Therapists. This includes, but is not limited to, 13
programs to which Licensees with substance abuse or addiction 14
issues are referred in lieu of Adverse Action. 15
D. "Charter Member States" means those Member States who were 16
the first 7 states to enact the Compact into the laws of their 17
State. 18
E. "Commission" or "Respiratory Care Interstate Compact 19
Commission" means the government instrumentality and body politic 20
whose membership consists of all Member States that have enacted 21
the Compact. 22
F. "Commissioner" means the individual appointed by a Member 23
State to serve as the member of the Commission for that Member 24
State. 25
G. "Compact" means the Respiratory Care Interstate Compact. 26
H. "Compact Privilege" means the authorization granted by a 27
Remote State to allow a Licensee from another Member State to 28
practice as a Respiratory Therapist in the Remote State under the 29
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Remote State's laws and Rules. The Practice of Respiratory Therapy 1
occurs in the Member State where the patient is located at the time 2
of the patient encounter. 3
I. "Criminal Background Check" means the submission by the 4
Member State of fingerprints or other biometric-based information 5
on license applicants at the time of initial licensing for the 6
purpose of obtaining that applicant's criminal history record 7
information, as defined in 28 CFR 20.3(d) or successor provision, 8
from the Federal Bureau of Investigation and the State's criminal 9
history record repository, as defined in 28 CFR 20.3(f) or 10
successor provision. 11
J. "Data System" means the Commission's repository of 12
information about Licensees as further set forth in Section 8. 13
K. "Domicile" means the jurisdiction which is the Licensee's 14
principal home for legal purposes. 15
L. "Encumbered License" means a license that a State's 16
Respiratory Therapy Licensing Authority has limited in any way. 17
M. "Executive Committee" means a group of directors elected or 18
appointed to act on behalf of, and within the powers granted to 19
them by, the Commission. 20
N. "Home State", except as set forth in Section 5, means the 21
Member State that is the Licensee's primary Domicile. 22
O. "Home State License" means an active license to practice 23
Respiratory Therapy in a Home State that is not an Encumbered 24
License. 25
P. "Jurisprudence Requirement" means an assessment of an 26
individual's knowledge of the State laws and regulations governing 27
the Practice of Respiratory Therapy in such State. 28
Q. "Licensee" means an individual who currently holds an 29
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authorization from the State to practice as a Respiratory 1
Therapist. 2
R. "Member State" means a State that has enacted the Compact 3
and been admitted to the Commission in accordance with the 4
provisions herein and Commission Rules. 5
S. "Model Compact" means the model for the Respiratory Care 6
Interstate Compact on file with The Council of State Governments or 7
other entity as designated by the Commission. 8
T. "Remote State" means a Member State where a Licensee is 9
exercising or seeking to exercise the Compact Privilege. 10
U. "Respiratory Therapist" or "Respiratory Care Practitioner" 11
means an individual who holds a credential issued by the National 12
Board for Respiratory Care or its successor and holds a license in 13
a State to practice Respiratory Therapy. For purposes of this 14
Compact, any other title or status adopted by a State to replace 15
the term "Respiratory Therapist" or "Respiratory Care Practitioner" 16
shall be deemed synonymous with "Respiratory Therapist" and shall 17
confer the same rights and responsibilities to the Licensee under 18
the provisions of this Compact at the time of its enactment. 19
V. "Respiratory Therapy", "Respiratory Therapy Practice", 20
"Respiratory Care", "the Practice of Respiratory Care", and "the 21
Practice of Respiratory Therapy" mean the care and services 22
provided by or under the direction and supervision of a Respiratory 23
Therapist or Respiratory Care Practitioner. 24
W. "Respiratory Therapy Licensing Authority" means the agency, 25
board, or other body of a State that is responsible for licensing 26
and regulation of Respiratory Therapists. 27
X. "Rule" means a regulation promulgated by an entity that has 28
the force and effect of law. 29
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Y. "Scope of Practice" means the procedures, actions, and 1
processes a Respiratory Therapist licensed in a State or practicing 2
under a Compact Privilege in a State is permitted to undertake in 3
that State and the circumstances under which the Respiratory 4
Therapist is permitted to undertake those procedures, actions, and 5
processes. Such procedures, actions, and processes, and the 6
circumstances under which they may be undertaken, may be 7
established through means, including, but not limited to, statute, 8
regulations, case law, and other processes available to the State 9
Respiratory Therapy Licensing Authority or other government agency. 10
Z. "Significant Investigative Information" means information, 11
records, and documents received or generated by a State Respiratory 12
Therapy Licensing Authority pursuant to an investigation for which 13
a determination has been made that there is probable cause to 14
believe that the Licensee has violated a statute or regulation that 15
is considered more than a minor infraction for which the State 16
Respiratory Therapy Licensing Authority could pursue Adverse Action 17
against the Licensee. 18
AA. "State" means any state, commonwealth, district, or 19
territory of the United States. 20
SECTION 3. STATE PARTICIPATION IN THIS COMPACT 21
A. In order to participate in this Compact and thereafter 22
continue as a Member State, a Member State shall: 23
1. Enact a Compact that is not materially different from the 24
Model Compact; 25
2. License Respiratory Therapists; 26
3. Participate in the Commission's Data System; 27
4. Have a mechanism in place for receiving and investigating 28
complaints against Licensees and Compact Privilege holders; 29
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5. Notify the Commission, in compliance with the terms of this 1
Compact and Commission Rules, of any Adverse Action against a 2
Licensee, a Compact Privilege holder, or a license applicant; 3
6. Notify the Commission, in compliance with the terms of this 4
Compact and Commission Rules, of the existence of Significant 5
Investigative Information; 6
7. Comply with the Rules of the Commission; 7
8. Grant the Compact Privilege to a holder of an active Home 8
State License and otherwise meet the applicable requirements of 9
Section 4 in a Member State; and 10
9. Complete a Criminal Background Check for each new Licensee 11
at the time of initial licensure. 12
a. Where expressly authorized or permitted by federal law, 13
whether such federal law is in effect prior to, at, or after the 14
time of a Member State's enactment of this Compact, a Member 15
State's enactment of this Compact shall hereby authorize the Member 16
State's Respiratory Therapy Licensing Authority to perform Criminal 17
Background Checks as defined herein. The absence of such a federal 18
law as described in this subsection shall not prevent or preclude 19
such authorization where it may be derived or granted through means 20
other than the enactment of this Compact. 21
B. Nothing in this Compact prohibits a Member State from 22
charging a fee for granting and renewing the Compact Privilege. 23
SECTION 4. COMPACT PRIVILEGE 24
A. To exercise the Compact Privilege under the terms and 25
provisions of the Compact, the Licensee shall: 26
1. Hold and maintain an active Home State License as a 27
Respiratory Therapist; 28
2. Hold and maintain an active credential from the National 29
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Board for Respiratory Care or its successor that would qualify them 1
for licensure in the Remote State in which they are seeking the 2
privilege; 3
3. Have not had any Adverse Action against a license within 4
the previous 2 years; 5
4. Notify the Commission that the Licensee is seeking the 6
Compact Privilege within a Remote State; 7
5. Pay any applicable fees, including any State and Commission 8
fees and renewal fees, for the Compact Privilege; 9
6. Meet any Jurisprudence Requirements established by the 10
Remote State in which the Licensee is seeking a Compact Privilege; 11
7. Report to the Commission Adverse Action taken by any 12
Nonmember State within 30 days from the date the Adverse Action is 13
taken; 14
8. Report to the Commission, when applying for a Compact 15
Privilege, the address of the Licensee's Domicile and thereafter 16
promptly report to the Commission any change in the address of the 17
Licensee's Domicile within 30 days of the effective date of the 18
change in address; and 19
9. Consent to accept service of process by mail at the 20
Licensee's Domicile on record with the Commission with respect to 21
any action brought against the Licensee by the Commission or a 22
Member State, and consent to accept service of a subpoena by mail 23
at the Licensee's Domicile on record with the Commission with 24
respect to any action brought or investigation conducted by the 25
Commission or a Member State. 26
B. The Compact Privilege is valid until the expiration date or 27
revocation of the Home State License unless terminated pursuant to 28
Adverse Action. The Licensee must comply with all of the 29
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requirements of Subsection A, above, to maintain the Compact 1
Privilege in a Remote State. If those requirements are met, no 2
Adverse Actions are taken, and the Licensee has paid any applicable 3
Compact Privilege renewal fees, then the Licensee will maintain the 4
Licensee's Compact Privilege. 5
C. A Licensee providing Respiratory Therapy in a Remote State 6
under the Compact Privilege shall function within the Scope of 7
Practice authorized by the Remote State for the type of Respiratory 8
Therapist license the Licensee holds. Such procedures, actions, 9
processes, and the circumstances under which they may be undertaken 10
may be established through means, including, but not limited to, 11
statute, regulations, case law, and other processes available to 12
the State Respiratory Therapy Licensing Authority or other 13
government agency. 14
D. If a Licensee's Compact Privilege in a Remote State is 15
removed by the Remote State, the individual shall lose or be 16
ineligible for the Compact Privilege in that Remote State until the 17
Compact Privilege is no longer limited or restricted by that State. 18
E. If a Home State License is encumbered, the Licensee shall 19
lose the Compact Privilege in all Remote States until the following 20
occur: 21
1. The Home State License is no longer encumbered; and 22
2. Two years have elapsed from the date on which the license 23
is no longer encumbered due to the Adverse Action. 24
F. Once a Licensee with a restricted or limited license meets 25
the requirements of Subsection E.1 and 2, the Licensee must also 26
meet the requirements of Subsection A to obtain a Compact Privilege 27
in a Remote State. 28
SECTION 5. ACTIVE MILITARY MEMBER OR THEIR SPOUSE 29
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A. An Active Military Member, or their spouse, shall designate 1
a Home State where the individual has a current license in good 2
standing. The individual may retain the Home State designation 3
during the period the service member is on active duty. 4
B. An Active Military Member and their spouse shall not be 5
required to pay to the Commission for a Compact Privilege any fee 6
that may otherwise be charged by the Commission. If a Remote State 7
chooses to charge a fee for a Compact Privilege, it may choose to 8
charge a reduced fee or no fee to an Active Military Member and 9
their spouse for a Compact Privilege. 10
SECTION 6. ADVERSE ACTIONS 11
A. A Member State in which a Licensee is licensed shall have 12
authority to impose Adverse Action against the license issued by 13
that Member State. 14
B. A Member State may take Adverse Action based on Significant 15
Investigative Information of a Remote State or the Home State, so 16
long as the Member State follows its own procedures for imposing 17
Adverse Action. 18
C. Nothing in this Compact shall override a Member State's 19
decision that participation in an Alternative Program may be used 20
in lieu of Adverse Action and that such participation shall remain 21
nonpublic if required by the Member State's laws. 22
D. A Remote State shall have the authority to: 23
1. Take Adverse Actions as set forth herein against a 24
Licensee's Compact Privilege in that State; 25
2. Issue subpoenas for both hearings and investigations that 26
require the attendance and testimony of witnesses, and the 27
production of evidence. 28
a. Subpoenas may be issued by a Respiratory Therapy Licensing 29
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Authority in a Member State for the attendance and testimony of 1
witnesses and the production of evidence. 2
b. Subpoenas issued by a Respiratory Therapy Licensing 3
Authority in a Member State for the attendance and testimony of 4
witnesses shall be enforced in the latter State by any court of 5
competent jurisdiction in the latter State, according to the 6
practice and procedure of that court applicable to subpoenas issued 7
in proceedings pending before it. 8
c. Subpoenas issued by a Respiratory Therapy Licensing 9
Authority in a Member State for production of evidence from another 10
Member State shall be enforced in the latter State, according to 11
the practice and procedure of that court applicable to subpoenas 12
issued in the proceedings pending before it. 13
d. The issuing authority shall pay any witness fees, travel 14
expenses, mileage, and other fees required by the service statutes 15
of the State where the witnesses or evidence are located; 16
3. Unless otherwise prohibited by State law, recover from the 17
Licensee the costs of investigations and disposition of cases 18
resulting from any Adverse Action taken against that Licensee; 19
4. Notwithstanding subsection D.2, a Member State may not 20
issue a subpoena to gather evidence of conduct in another Member 21
State that is lawful in such other Member State for the purpose of 22
taking Adverse Action against a Licensee's Compact Privilege or 23
application for a Compact Privilege in that Member State; and 24
5. Nothing in this Compact authorizes a Member State to impose 25
discipline against a Respiratory Therapist's Compact Privilege in 26
that Member State for the individual's otherwise lawful practice in 27
another State. 28
E. Joint Investigations 29
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1. In addition to the authority granted to a Member State by 1
its respective Respiratory Therapy Practice act or other applicable 2
state law, a Member State may participate with other Member States 3
in joint investigations of Licensees, provided, however, that a 4
Member State receiving such a request has no obligation to respond 5
to any subpoena issued regarding an investigation of conduct or 6
practice that was lawful in a Member State at the time it was 7
undertaken. 8
2. Member States shall share any Significant Investigative 9
Information, litigation, or compliance materials in furtherance of 10
any joint or individual investigation initiated under the Compact. 11
In sharing such information between Member State Respiratory 12
Therapy Licensing Authorities, all information obtained shall be 13
kept confidential, except as otherwise mutually agreed upon by the 14
sharing and receiving Member State(s). 15
F. Nothing in this Compact may permit a Member State to take 16
any Adverse Action against a Licensee or holder of a Compact 17
Privilege for conduct or practice that was legal in the Member 18
State at the time it was undertaken. 19
G. Nothing in this Compact may permit a Member State to take 20
disciplinary action against a Licensee or holder of a Compact 21
Privilege for conduct or practice that was legal in the Member 22
State at the time it was undertaken. 23
SECTION 7. ESTABLISHMENT OF THE RESPIRATORY CARE INTERSTATE 24
COMPACT COMMISSION 25
A. The Compact Member States hereby create and establish a 26
joint government agency whose membership consists of all Member 27
States that have enacted the Compact known as the Respiratory Care 28
Interstate Compact Commission. The Commission is an instrumentality 29
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of the Compact Member States acting jointly and not an 1
instrumentality of any 1 State. The Commission shall come into 2
existence on or after the effective date of the Compact, as set 3
forth in Section 11. 4
B. Membership, Voting, and Meetings 5
1. Each Member State shall have and be limited to 1 6
Commissioner selected by that Member State's Respiratory Therapy 7
Licensing Authority. 8
2. The Commissioner shall be an administrator or their 9
designated staff member of the Member State's Respiratory Therapy 10
Licensing Authority. 11
3. The Commission shall by Rule or bylaw establish a term of 12
office for Commissioners and may by Rule or bylaw establish term 13
limits. 14
4. The Commission may recommend to a Member State the removal 15
or suspension of any Commissioner from office. 16
5. A Member State's Respiratory Therapy Licensing Authority 17
shall fill any vacancy of its Commissioner occurring on the 18
Commission within 60 days of the vacancy. 19
6. Each Commissioner shall be entitled to 1 vote on all 20
matters before the Commission requiring a vote by Commissioners. 21
7. A Commissioner shall vote in person or by such other means 22
as provided in the bylaws. The bylaws may provide for Commissioners 23
to meet by telecommunication, videoconference, or other means of 24
communication. 25
8. The Commission shall meet at least once during each 26
calendar year. Additional meetings may be held as set forth in the 27
bylaws. 28
C. The Commission shall have the following powers: 29
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1. Establish and amend the fiscal year of the Commission; 1
2. Establish and amend bylaws and policies, including but not 2
limited to, a code of conduct and conflict of interest; 3
3. Establish and amend Rules, which shall be binding in all 4
Member States; 5
4. Maintain its financial records in accordance with the 6
bylaws; 7
5. Meet and take such actions as are consistent with the 8
provisions of this Compact, the Commission's Rules, and the bylaws; 9
6. Initiate and conduct legal proceedings or actions in the 10
name of the Commission, provided that the standing of any 11
Respiratory Therapy Licensing Authority to sue or be sued under 12
applicable law shall not be affected; 13
7. Maintain and certify records and information provided to a 14
Member State as the authenticated business records of the 15
Commission, and designate an agent to do so on the Commission's 16
behalf; 17
8. Purchase and maintain insurance and bonds; 18
9. Accept or contract for services of personnel, including, 19
but not limited to, employees of a Member State; 20
10. Conduct an annual financial review; 21
11. Hire employees, elect or appoint officers, fix 22
compensation, define duties, grant such individuals appropriate 23
authority to carry out the purposes of the Compact, and establish 24
the Commission's personnel policies and programs relating to 25
conflicts of interest, qualifications of personnel, and other 26
related personnel matters; 27
12. Assess and collect fees; 28
13. Accept any and all appropriate gifts, donations, grants of 29
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money, other sources of revenue, equipment, supplies, materials, 1
and services, and receive, utilize, and dispose of the same, 2
provided that at all times: 3
a. The Commission shall avoid any appearance of impropriety; 4
and 5
b. The Commission shall avoid any appearance of conflict of 6
interest; 7
14. Lease, purchase, retain, own, hold, improve, or use any 8
property, real, personal, or mixed, or any undivided interest 9
therein; 10
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, 11
or otherwise dispose of any property real, personal, or mixed; 12
16. Establish a budget and make expenditures; 13
17. Borrow money in a fiscally responsible manner; 14
18. Appoint committees, including standing committees, 15
composed of Commissioners State regulators, State legislators or 16
their representatives, and consumer representatives, and such other 17
interested persons as may be designated in this Compact and the 18
bylaws; 19
19. Provide and receive information from, and cooperate with, 20
law enforcement agencies; 21
20. Establish and elect an Executive Committee, including a 22
chair, vice-chair, secretary, treasurer, and such other offices as 23
the Commission shall establish by Rule or bylaw; 24
21. Enter into contracts or arrangements for the management of 25
the affairs of the Commission; 26
22. Determine whether a State's adopted language is materially 27
different from the Model Compact language such that the State would 28
not qualify for participation in the Compact; and 29
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23. Perform such other functions as may be necessary or 1
appropriate to achieve the purposes of this Compact. 2
D. The Executive Committee 3
1. The Executive Committee shall have the power to act on 4
behalf of the Commission according to the terms of this Compact. 5
The powers, duties, and responsibilities of the Executive Committee 6
shall include: 7
a. Overseeing the day-to-day activities of the administration 8
of the Compact, including enforcement and compliance with the 9
provisions of the Compact, its Rules and bylaws, and other such 10
duties as deemed necessary; 11
b. Recommending to the Commission changes to the Rules or 12
bylaws, changes to this Compact legislation, fees charged to 13
Compact Member States, fees charged to Licensees, and other fees; 14
c. Ensuring Compact administration services are appropriately 15
provided, including by contract; 16
d. Preparing and recommending the budget; 17
e. Maintaining financial records on behalf of the Commission; 18
f. Monitoring Compact compliance of Member States and 19
providing compliance reports to the Commission; 20
g. Establishing additional committees as necessary; 21
h. Exercising the powers and duties of the Commission during 22
the interim between Commission meetings, except for adopting or 23
amending Rules, adopting or amending bylaws, and exercising any 24
other powers and duties expressly reserved to the Commission by 25
Rule or bylaw; and 26
i. Performing other duties as provided in the Rules or bylaws 27
of the Commission. 28
2. The Executive Committee shall be composed of up to 9 29
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members, as further set forth in the bylaws of the Commission: 1
a. Seven voting members who are elected by the Commission from 2
the current membership of the Commission; and 3
b. Two ex-officio, nonvoting members. 4
3. The Commission may remove any member of the Executive 5
Committee as provided in the Commission's bylaws. 6
4. The Executive Committee shall meet at least annually. 7
a. Executive Committee meetings shall be open to the public, 8
except that the Executive Committee may meet in a closed, nonpublic 9
meeting as provided in subsection F.4 below; 10
b. The Executive Committee shall give advance notice of its 11
meetings, posted on its website and as determined to provide notice 12
to persons with an interest in the business of the Commission; and 13
c. The Executive Committee may hold a special meeting in 14
accordance with subsection F.2 below. 15
E. The Commission shall adopt and provide to the Member States 16
an annual report. 17
F. Meetings of the Commission 18
1. All meetings of the Commission that are not closed pursuant 19
to subsection F.4 shall be open to the public. Notice of public 20
meetings shall be posted on the Commission's website at least 30 21
days prior to the public meeting. 22
2. Notwithstanding subsection F.1, the Commission may convene 23
an emergency public meeting by providing at least 24 hours prior 24
notice on the Commission's website, and any other means as provided 25
in the Commission's Rules, for any of the reasons it may dispense 26
with notice of proposed rulemaking under section 9.G. The 27
Commission's legal counsel shall certify that one of the reasons 28
justifying an emergency public meeting has been met. 29
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3. Notice of all Commission meetings shall provide the time, 1
date, and location of the meeting, and if the meeting is to be held 2
or accessible via telecommunication, video conference, or other 3
electronic means, the notice shall include the mechanism for access 4
to the meeting. 5
4. The Commission or the Executive Committee may convene in a 6
closed, nonpublic meeting for the Commission or Executive Committee 7
to receive or solicit legal advice or to discuss: 8
a. Noncompliance of a Member State with its obligations under 9
the Compact; 10
b. The employment, compensation, discipline or other matters, 11
practices or procedures related to specific employees; 12
c. Current or threatened discipline of a Licensee or Compact 13
Privilege holder by the Commission or by a Member State's 14
Respiratory Therapy Licensing Authority; 15
d. Current, threatened, or reasonably anticipated litigation; 16
e. Negotiation of contracts for the purchase, lease, or sale 17
of goods, services, or real estate; 18
f. Accusing any person of a crime or formally censuring any 19
person; 20
g. Trade secrets or commercial or financial information that 21
is privileged or confidential; 22
h. Information of a personal nature where disclosure would 23
constitute a clearly unwarranted invasion of personal privacy; 24
i. Investigative records compiled for law enforcement 25
purposes; 26
j. Information related to any investigative reports prepared 27
by or on behalf of or for use of the Commission or other committee 28
charged with responsibility of investigation or determination of 29
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compliance issues pursuant to the Compact; 1
k. Legal advice; 2
l. Matters specifically exempted from disclosure by federal or 3
Member State law; or 4
m. Other matters as promulgated by the Commission by Rule. 5
5. If a meeting, or portion of a meeting, is closed, the 6
presiding officer shall state that the meeting will be closed and 7
reference each relevant exempting provision, and such reference 8
shall be recorded in the minutes. 9
6. The Commission shall keep minutes in accordance with 10
Commission Rules and bylaws. All documents considered in connection 11
with an action shall be identified in such minutes. All minutes and 12
documents of a closed meeting shall remain under seal, subject to 13
release only by a majority vote of the Commission or order of a 14
court of competent jurisdiction. 15
G. Financing of the Commission 16
1. The Commission shall pay, or provide for the payment of, 17
the reasonable expenses of its establishment, organization, and 18
ongoing activities. 19
2. The Commission may accept any and all appropriate revenue 20
sources as provided herein. 21
3. The Commission may levy on and collect an annual assessment 22
from each Member State and impose fees on Licensees of Member 23
States to whom it grants a Compact Privilege to cover the cost of 24
the operations and activities of the Commission and its staff. The 25
aggregate annual assessment amount for Member States, if any, shall 26
be allocated based upon a formula that the Commission shall 27
promulgate by Rule. 28
4. The Commission shall not incur obligations of any kind 29
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prior to securing the funds or a loan adequate to meet the same; 1
nor shall the Commission pledge the credit of any of the Member 2
States, except by and with the authority of the Member State. 3
5. The Commission shall keep accurate accounts of all receipts 4
and disbursements. The receipts and disbursements of the Commission 5
shall be subject to the financial review and accounting procedures 6
established under its bylaws. However, all receipts and 7
disbursements of funds handled by the Commission shall be subject 8
to an annual financial review by a certified or licensed public 9
accountant, and the report of the financial review shall be 10
included in and become part of the annual report of the Commission. 11
H. Qualified Immunity, Defense, and Indemnification 12
1. Nothing herein shall be construed as a limitation on the 13
liability of any Licensee for professional malpractice or 14
misconduct, which shall be governed solely by any other applicable 15
state laws. 16
2. The Member States, Commissioners, officers, executive 17
directors, employees, and agents of the Commission shall be immune 18
from suit and liability, both personally and in their official 19
capacity, for any claim for damage to or loss of property or 20
personal injury or other civil liability caused by or arising out 21
of any actual or alleged act, error, or omission that occurred, or 22
that the person against whom the claim is made had a reasonable 23
basis for believing occurred within the scope of Commission 24
employment, duties or responsibilities; provided that nothing in 25
this subsection shall be construed to protect any such person from 26
suit or liability for any damage, loss, injury, or liability caused 27
by the intentional or willful or wanton misconduct of that person. 28
The procurement of insurance of any type by the Commission shall 29
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EMR S07010'26_SB1037_INTR_1 2bfj1d
not in any way compromise or limit the immunity granted hereunder. 1
3. The Commission shall defend any Commissioner, officer, 2
executive director, employee, and agent of the Commission in any 3
civil action seeking to impose liability arising out of any actual 4
or alleged act, error, or omission that occurred within the scope 5
of Commission employment, duties, or responsibilities, or as 6
determined by the Commission that the person against whom the claim 7
is made had a reasonable basis for believing occurred within the 8
scope of Commission employment, duties, or responsibilities; 9
provided that nothing herein shall be construed to prohibit that 10
person from retaining their own counsel at their own expense; and 11
provided further, that the actual or alleged act, error, or 12
omission did not result from that person's intentional or willful 13
or wanton misconduct. 14
4. The Commission shall indemnify and hold harmless any 15
Commissioner, member, officer, executive director, employee, and 16
agent of the Commission for the amount of any settlement or 17
judgment obtained against that person arising out of any actual or 18
alleged act, error, or omission that occurred within the scope of 19
Commission employment, duties, or responsibilities, or that such 20
person had a reasonable basis for believing occurred within the 21
scope of Commission employment, duties, or responsibilities, 22
provided that the actual or alleged act, error, or omission did not 23
result from the intentional or willful or wanton misconduct of that 24
person. 25
5. Nothing in this Compact shall be interpreted to waive or 26
otherwise abrogate a Member State's state action immunity or state 27
action affirmative defense with respect to antitrust claims under 28
the Sherman Act, Clayton Act, or any other State or federal 29
22
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antitrust or anticompetitive law or regulation. 1
6. Nothing in this Compact shall be construed to be a waiver 2
of sovereign immunity by the Member States or by the Commission. 3
SECTION 8. DATA SYSTEM 4
A. The Commission shall provide for the development, 5
maintenance, operation, and utilization of a coordinated database 6
and reporting system containing licensure, Adverse Action, and the 7
presence of Significant Investigative Information. 8
B. Notwithstanding any other provision of State law to the 9
contrary, a Member State shall submit a uniform data set to the 10
Data System as required by the Rules of the Commission, including 11
but not limited to: 12
1. Identifying information; 13
2. Licensure data; 14
3. Adverse Actions against a Licensee, license applicant, or 15
Compact Privilege holder and information related thereto; 16
4. Nonconfidential information related to Alternative Program 17
participation, the beginning and ending dates of such 18
participation, and other information related to such participation 19
not made confidential under Member State law; 20
5. Any denial of application for licensure, and the reason for 21
such denial; 22
6. The presence of current Significant Investigative 23
Information; and 24
7. Other information that may facilitate the administration of 25
this Compact or the protection of the public, as determined by the 26
Rules of the Commission. 27
C. No Member State shall submit any information which 28
constitutes criminal history record information, as defined by 29
23
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applicable federal law, to the Data System established hereunder. 1
D. The records and information provided to a Member State 2
pursuant to this Compact or through the Data System, when certified 3
by the Commission or an agent thereof, shall constitute the 4
authenticated business records of the Commission, and shall be 5
entitled to any associated hearsay exception in any relevant 6
judicial, quasi-judicial or administrative proceedings in a Member 7
State. 8
E. Significant Investigative Information pertaining to a 9
Licensee in any Member State will only be available to other Member 10
States. 11
F. It is the responsibility of the Member States to report any 12
Adverse Action against a Licensee and to monitor the database to 13
determine whether Adverse Action has been taken against a Licensee. 14
Adverse Action information pertaining to a Licensee in any Member 15
State will be available to any other Member State. 16
G. Member States contributing information to the Data System 17
may designate information that may not be shared with the public 18
without the express permission of the contributing State. 19
H. Any information submitted to the Data System that is 20
subsequently expunged pursuant to federal law or the laws of the 21
Member State contributing the information shall be removed from the 22
Data System. 23
SECTION 9. RULEMAKING 24
A. The Commission shall promulgate reasonable Rules in order 25
to effectively and efficiently implement and administer the 26
purposes and provisions of the Compact. A Rule shall be invalid and 27
have no force or effect only if a court of competent jurisdiction 28
holds that the Rule is invalid because the Commission exercised its 29
24
EMR S07010'26_SB1037_INTR_1 2bfj1d
rulemaking authority in a manner that is beyond the scope and 1
purposes of the Compact, or the powers granted hereunder, or based 2
upon another applicable standard of review. 3
B. For purposes of the Compact, the Rules of the Commission 4
shall have the force of law in each Member State. 5
C. The Commission shall exercise its rulemaking powers 6
pursuant to the criteria set forth in this section and the Rules 7
adopted thereunder. Rules shall become binding as of the date 8
specified in each Rule. 9
D. If a majority of the legislatures of the Member States 10
rejects a Rule or portion of a Rule, by enactment of a statute or 11
resolution in the same manner used to adopt the Compact within 4 12
years of the date of adoption of the Rule, then such Rule shall 13
have no further force and effect in any Member State. 14
E. Rules shall be adopted at a regular or special meeting of 15
the Commission. 16
F. Prior to adoption of a proposed Rule, the Commission shall 17
hold a public hearing and allow persons to provide oral and written 18
comments, data, facts, opinions, and arguments. 19
G. Prior to adoption of a proposed Rule by the Commission, and 20
at least 30 days in advance of the meeting at which the Commission 21
will hold a public hearing on the proposed Rule, the Commission 22
shall provide a notice of proposed rulemaking: 23
1. On the website of the Commission or other publicly 24
accessible platform; 25
2. To persons who have requested notice of the Commission's 26
notices of proposed rulemaking, and 27
3. In such other way as the Commission may by Rule specify. 28
H. The notice of proposed rulemaking shall include: 29
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EMR S07010'26_SB1037_INTR_1 2bfj1d
1. The time, date, and location of the public hearing at which 1
the Commission will hear public comments on the proposed Rule and, 2
if different, the time, date, and location of the meeting where the 3
Commission will consider and vote on the proposed Rule; 4
2. If the hearing is held via telecommunication, video 5
conference, or other electronic means, the Commission shall include 6
the mechanism for access to the hearing in the notice of proposed 7
rulemaking; 8
3. The text of the proposed Rule and the reason therefor; 9
4. A request for comments on the proposed Rule from any 10
interested person; and 11
5. The manner in which interested persons may submit written 12
comments. 13
I. All hearings will be recorded. A copy of the recording and 14
all written comments and documents received by the Commission in 15
response to the proposed Rule shall be available to the public. 16
J. Nothing in this section shall be construed as requiring a 17
separate hearing on each Rule. Rules may be grouped for the 18
convenience of the Commission at hearings required by this section. 19
K. The Commission shall, by majority vote of all 20
Commissioners, take final action on the proposed Rule based on the 21
rulemaking record and the full text of the Rule. 22
1. The Commission may adopt changes to the proposed Rule 23
provided the changes are consistent with the original purpose of 24
the proposed Rule. 25
2. The Commission shall provide an explanation of the reasons 26
for substantive changes made to the proposed Rule as well as 27
reasons for substantive changes not made that were recommended by 28
commenters. 29
26
EMR S07010'26_SB1037_INTR_1 2bfj1d
3. The Commission shall determine a reasonable effective date 1
for the Rule. Except for an emergency as provided in Section 9.L, 2
the effective date of the Rule shall be no sooner than 30 days 3
after issuing the notice that it adopted or amended the Rule. 4
L. Upon determination that an emergency exists, the Commission 5
may consider and adopt an emergency Rule with 24 hours' notice, and 6
with opportunity to comment, provided that the usual rulemaking 7
procedures provided in the Compact and in this section shall be 8
retroactively applied to the Rule as soon as reasonably possible, 9
in no event later than 90 days after the effective date of the 10
Rule. For the purposes of this provision, an emergency Rule is one 11
that must be adopted immediately in order to: 12
1. Meet an imminent threat to public health, safety, or 13
welfare; 14
2. Prevent a loss of Commission or Member State funds; 15
3. Meet a deadline for the promulgation of a Rule that is 16
established by federal law or Rule; or 17
4. Protect public health and safety. 18
M. The Commission or an authorized committee of the Commission 19
may direct revisions to a previously adopted Rule for purposes of 20
correcting typographical errors, errors in format, errors in 21
consistency, or grammatical errors. Public notice of any revisions 22
shall be posted on the website of the Commission. The revision 23
shall be subject to challenge by any person for a period of 30 days 24
after posting. The revision may be challenged only on grounds that 25
the revision results in a material change to a Rule. A challenge 26
shall be made in writing and delivered to the Commission prior to 27
the end of the notice period. If no challenge is made, the revision 28
will take effect without further action. If the revision is 29
27
EMR S07010'26_SB1037_INTR_1 2bfj1d
challenged, the revision may not take effect without the approval 1
of the Commission. 2
N. No Member State's rulemaking process or procedural 3
requirements shall apply to the Commission. 4
1. The Commission shall have no authority over any Member 5
State's rulemaking process or procedural requirements that do not 6
pertain to the Compact. 7
O. Nothing in this Compact, nor any Rule or regulation of the 8
Commission, shall be construed to limit, restrict, or in any way 9
reduce the ability of a Member State to enact and enforce laws, 10
regulations, or other Rules related to the Practice of Respiratory 11
Therapy in that State, where those laws, regulations, or other 12
Rules are not inconsistent with the provisions of this Compact. 13
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 14
A. Oversight 15
1. The executive and judicial branches of State government in 16
each Member State shall enforce this Compact and take all actions 17
necessary and appropriate to implement the Compact. 18
2. Venue is proper and judicial proceedings by or against the 19
Commission shall be brought solely and exclusively in a court of 20
competent jurisdiction where the principal office of the Commission 21
is located. The Commission may waive venue and jurisdictional 22
defenses to the extent it adopts or consents to participate in 23
alternative dispute resolution proceedings. Nothing herein shall 24
affect or limit the selection or propriety of venue in any action 25
against a Licensee for professional malpractice, misconduct or any 26
such similar matter. 27
3. The Commission shall be entitled to receive service of 28
process in any proceeding regarding the enforcement or 29
28
EMR S07010'26_SB1037_INTR_1 2bfj1d
interpretation of the Compact and shall have standing to intervene 1
in such a proceeding for all purposes. Failure to provide the 2
Commission service of process shall render a judgment or order void 3
as to the Commission, this Compact, or promulgated Rules. 4
B. Default, Technical Assistance, and Termination 5
1. If the Commission determines that a Member State has 6
defaulted in the performance of its obligations or responsibilities 7
under this Compact or the promulgated Rules, the Commission shall 8
provide written notice to the defaulting State. The notice of 9
default shall describe the default, the proposed means of curing 10
the default, and any other action that the Commission may take, and 11
shall offer training and specific technical assistance regarding 12
the default. 13
2. The Commission shall provide a copy of the notice of 14
default to the other Member States. 15
C. If a State in default fails to cure the default, the 16
defaulting State may be terminated from the Compact upon an 17
affirmative vote of a majority of the Commissioners of the Member 18
States, and all rights, privileges and benefits conferred on that 19
State by this Compact may be terminated on the effective date of 20
termination. A cure of the default does not relieve the offending 21
State of obligations or liabilities incurred during the period of 22
default. 23
D. Termination of membership in the Compact shall be imposed 24
only after all other means of securing compliance have been 25
exhausted. Notice of intent to suspend or terminate shall be given 26
by the Commission to the governor, the majority and minority 27
leaders of the defaulting State's legislature, the defaulting 28
State's Respiratory Therapy Licensing Authority and each of the 29
29
EMR S07010'26_SB1037_INTR_1 2bfj1d
Member States' Respiratory Therapy Licensing Authorities. 1
E. A State that has been terminated is responsible for all 2
assessments, obligations, and liabilities incurred through the 3
effective date of termination, including obligations that extend 4
beyond the effective date of termination, if necessary. 5
F. Upon the termination of a State's membership from this 6
Compact, that State shall immediately provide notice to all 7
Licensees and Compact Privilege holders (of which the Commission 8
has a record) within that State of such termination. The terminated 9
State shall continue to recognize all licenses granted pursuant to 10
this Compact for a minimum of 180 days after the date of said 11
notice of termination. 12
G. The Commission shall not bear any costs related to a State 13
that is found to be in default or that has been terminated from the 14
Compact, unless agreed upon in writing between the Commission and 15
the defaulting State. 16
H. The defaulting State may appeal the action of the 17
Commission by petitioning the United States District Court for the 18
District of Columbia or the federal district where the Commission 19
has its principal offices. The prevailing party shall be awarded 20
all costs of such litigation, including reasonable attorney's fees. 21
I. Dispute Resolution 22
1. Upon request by a Member State, the Commission shall 23
attempt to resolve disputes related to the Compact that arise among 24
Member States and between Member and non-Member States. 25
2. The Commission shall promulgate a Rule providing for both 26
mediation and binding dispute resolution for disputes, as 27
appropriate. 28
J. Enforcement 29
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EMR S07010'26_SB1037_INTR_1 2bfj1d
1. By majority vote, as may be further provided by Rule, the 1
Commission may initiate legal action against a Member State in 2
default in the United States District Court for the District of 3
Columbia or the federal district where the Commission has its 4
principal offices to enforce compliance with the provisions of the 5
Compact and its promulgated Rules. A Member State by enactment of 6
this Compact consents to venue and jurisdiction in such court for 7
the purposes set forth herein. The relief sought may include both 8
injunctive relief and damages. In the event judicial enforcement is 9
necessary, the prevailing party shall be awarded all costs of such 10
litigation, including reasonable attorney fees. The remedies herein 11
shall not be the exclusive remedies of the Commission. The 12
Commission may pursue any other remedies available under federal or 13
the defaulting Member State's law. 14
2. A Member State may initiate legal action against the 15
Commission in the United States District Court for the District of 16
Columbia or the federal district where the Commission has its 17
principal offices to enforce compliance with the provisions of the 18
Compact and its promulgated Rules. The relief sought may include 19
both injunctive relief and damages. In the event judicial 20
enforcement is necessary, the prevailing party shall be awarded all 21
costs of such litigation, including reasonable attorney fees. 22
3. No person other than a Member State shall enforce this 23
Compact against the Commission. 24
SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 25
A. The Compact shall come into effect on the date on which the 26
Compact statute is enacted into law in the seventh Member State 27
("Effective Date"). 28
1. On or after the Effective Date of the Compact, the 29
31
EMR S07010'26_SB1037_INTR_1 2bfj1d
Commission shall convene and review the enactment of each of the 1
first 7 Member States ("Charter Member States") to determine if the 2
statute enacted by each such Charter Member State is materially 3
different than the Model Compact. 4
a. A Charter Member State whose enactment is found to be 5
materially different from the Model Compact shall be entitled to 6
the default process set forth in Section 10. 7
b. If any Member State is later found to be in default, or is 8
terminated or withdraws from the Compact, the Commission shall 9
remain in existence and the Compact shall remain in effect even if 10
the number of Member States should be less than 7. 11
2. Member States enacting the Compact subsequent to the 7 12
initial Charter Member States shall be subject to the process set 13
forth herein and Commission Rule to determine if their enactments 14
are materially different from the Model Compact and whether they 15
qualify for participation in the Compact. 16
3. All actions taken for the benefit of the Commission or in 17
furtherance of the purposes of the administration of the Compact 18
prior to the effective date of the Compact or the Commission coming 19
into existence shall be considered to be actions of the Commission 20
unless specifically repudiated by the Commission. The Commission 21
shall own and have all rights to any intellectual property 22
developed on behalf or in furtherance of the Commission by 23
individuals or entities involved in organizing or establishing the 24
Commission, as may be further set forth in Rules of the Commission. 25
4. Any State that joins the Compact subsequent to the 26
Commission's initial adoption of the Rules and bylaws shall be 27
subject to the Rules and bylaws as they exist on the date on which 28
the Compact becomes law in that State. Any Rule that has been 29
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EMR S07010'26_SB1037_INTR_1 2bfj1d
previously adopted by the Commission shall have the full force and 1
effect of law on the date the Compact becomes law in that State. 2
B. Any Member State may withdraw from this Compact by enacting 3
a statute repealing the same. 4
1. A Member State's withdrawal shall not take effect until 180 5
days after enactment of the repealing statute. 6
2. Withdrawal shall not affect the continuing requirement of 7
the withdrawing State's Respiratory Therapy Licensing Authority to 8
comply with the investigative and Adverse Action reporting 9
requirements of this Compact prior to the effective date of 10
withdrawal. 11
3. Upon the enactment of a statute withdrawing from this 12
Compact, a State shall immediately provide notice of such 13
withdrawal to all Licensees and Compact Privilege holders (of which 14
the Commission has a record) within that State. Notwithstanding any 15
subsequent statutory enactment to the contrary, such withdrawing 16
State shall continue to recognize all licenses granted pursuant to 17
this Compact for a minimum of 180 days after the date of such 18
notice of withdrawal. 19
C. Nothing contained in this Compact shall be construed to 20
invalidate or prevent any licensure agreement or other cooperative 21
arrangement between a Member State and a Nonmember State that does 22
not conflict with the provisions of this Compact. 23
D. This Compact may be amended by the Member States. No 24
amendment to this Compact shall become effective and binding upon 25
any Member State until it is enacted into the laws of all Member 26
States. 27
SECTION 12. CONSTRUCTION AND SEVERABILITY 28
A. This Compact and the Commission's rulemaking authority 29
33
EMR S07010'26_SB1037_INTR_1 2bfj1d
shall be liberally construed so as to effectuate the purposes and 1
the implementation and administration of the Compact. Provisions of 2
the Compact expressly authorizing or requiring the promulgation of 3
Rules shall not be construed to limit the Commission's rulemaking 4
authority solely for those purposes. 5
B. The provisions of this Compact shall be severable, and if 6
any phrase, clause, sentence or provision of this Compact is held 7
by a court of competent jurisdiction to be contrary to the 8
constitution of any Member State, a State seeking participation in 9
the Compact, or of the United States, or the applicability thereof 10
to any government, agency, person or circumstance is held to be 11
unconstitutional by a court of competent jurisdiction, the validity 12
of the remainder of this Compact and the applicability thereof to 13
any other government, agency, person or circumstance shall not be 14
affected thereby. 15
C. Notwithstanding subsection B of this section, the 16
Commission may deny a State's participation in the Compact or, in 17
accordance with the requirements of Section 10, terminate a Member 18
State's participation in the Compact, if it determines that a 19
constitutional requirement of a Member State is a material 20
departure from the Compact. Otherwise, if this Compact shall be 21
held to be contrary to the constitution of any Member State, the 22
Compact shall remain in full force and effect as to the remaining 23
Member States and in full force and effect as to the Member State 24
affected as to all severable matters. 25
SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE 26
LAWS 27
A. Nothing herein shall prevent or inhibit the enforcement of 28
any other law of a Member State that is not inconsistent with the 29
34
EMR S07010'26_SB1037_INTR_1 2bfj1d
Compact. 1
B. Any laws, statutes, regulations, or other legal 2
requirements in a Member State in conflict with the Compact are 3
superseded to the extent of the conflict, including any 4
subsequently enacted State laws. 5
C. All permissible agreements between the Commission and the 6
Member States are binding in accordance with their terms. 7
D. Other than as expressly set forth herein, nothing in this 8
Compact will impact initial licensure. 9
(2) Subsection (1) may be referred to as the "respiratory care 10
interstate compact". 11
Sec. 18701. (1) As used in this part: 12
(a) "Health facility" means a health facility or agency 13
licensed under article 17. 14
(b) "Medical director" means a physician who is responsible 15
for the quality, safety, appropriateness, and effectiveness of the 16
respiratory care services provided by a respiratory therapist, who 17
assists in quality monitoring, protocol development, and competency 18
validation, and who meets all of the following: 19
(i) Is the medical director of an inpatient or outpatient 20
respiratory care service or department within a health facility, or 21
of a home care agency, durable medical equipment company, or 22
educational program. 23
(ii) Has special interest and knowledge in the diagnosis and 24
treatment of cardiopulmonary disorders and diseases. 25
(iii) Is qualified by training or experience, or both, in the 26
management of acute and chronic cardiopulmonary disorders and 27
diseases. 28
(c) "Physician" means that term as defined in sections 17001 29
35
EMR S07010'26_SB1037_INTR_1 2bfj1d
and 17501. 1
(d) "Practice of respiratory care" means the provision of 2
respiratory care services. Practice of respiratory care may be 3
provided by an inpatient or outpatient service or department within 4
a health facility, by a home care agency or durable medical 5
equipment company, or by an educational program. 6
(e) "Respiratory care services" means preventative services, 7
diagnostic services, therapeutic services, and rehabilitative 8
services under the written, verbal, or telecommunicated order of a 9
physician to an individual with a disorder, disease, or abnormality 10
of the cardiopulmonary system as diagnosed by a physician. 11
Respiratory care services involve, but are not limited to, 12
observing, assessing, and monitoring signs and symptoms, reactions, 13
general behavior, and general physical response of individuals to 14
respiratory care services, including determination of whether those 15
signs, symptoms, reactions, behaviors, or general physical response 16
exhibit abnormal characteristics; the administration of 17
pharmacological, diagnostic, and therapeutic agents related to 18
respiratory care services; the collection of blood specimens and 19
other bodily fluids and tissues for, and the performance of, 20
cardiopulmonary diagnostic testing procedures including, but not 21
limited to, blood gas analysis; development, implementation, and 22
modification of respiratory care treatment plans based on assessed 23
abnormalities of the cardiopulmonary system, respiratory care 24
protocols, clinical pathways, referrals, and written, verbal, or 25
telecommunicated orders of a physician; application, operation, and 26
management of mechanical ventilatory support and other means of 27
life support; and the initiation of emergency procedures under the 28
rules promulgated by the board. 29
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EMR S07010'26_SB1037_INTR_1 2bfj1d
(f) "Respiratory therapist" and "respiratory care 1
practitioner" mean an individual engaged who is licensed or 2
otherwise authorized under this article to engage in the practice 3
of respiratory care and who is responsible for providing 4
respiratory care services. and who is licensed under this article 5
as a respiratory therapist or respiratory care practitioner. 6
(2) In addition to the definitions in this part, article 1 7
contains general definitions and principles of construction 8
applicable to all articles in this code and part 161 contains 9
definitions applicable to this part. 10
Sec. 18703a. (1) An individual who holds a compact privilege 11
under the respiratory care interstate compact is authorized to 12
engage in the practice of respiratory care under this article. 13
(2) For purposes of this article, including the obligations of 14
an individual who is licensed to engage in the practice of 15
respiratory care, an individual who holds a compact privilege under 16
the respiratory care interstate compact is considered a respiratory 17
therapist who is licensed under this part. 18