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Home » US Law » 2022 Rhode Island General Laws » Title 23 - Health and Safety » Chapter 23-39 - Respiratory Care Act

Section 23-39-1. – Short title.

§ 23-39-1. Short title. This chapter may be cited as the “Respiratory Care Act”. History of Section.P.L. 1986, ch. 428, § 1.

Section 23-39-10. – Inactive status.

§ 23-39-10. Inactive status. (a) Upon request, the division shall grant inactive status to a licensee who does not intend to practice his or her profession within this state during the period covered by the inactive status. The person may be reinstated without payment of a penalty fee upon application and presentation of evidence of […]

Section 23-39-11. – Fees.

§ 23-39-11. Fees. (a) The director, in consultation with the board, shall establish a schedule of reasonable fees for licenses, and for renewal of licenses for respiratory care practitioners. (b) The initial application fee shall be as set forth in § 23-1-54. (c) A biennial license renewal fee shall be established in an amount as […]

Section 23-39-12. – Denial, suspension, revocation, and reinstatement of licenses.

§ 23-39-12. Denial, suspension, revocation, and reinstatement of licenses. The board may refuse to issue or may suspend or revoke any license in accordance with the procedures set forth in the Administrative Procedures Act, chapter 35 of title 42, for any of the following causes: (1) Fraud in the procurement of any license under this […]

Section 23-39-13. – Receipts.

§ 23-39-13. Receipts. The proceeds of any fees collected pursuant to the provisions of this chapter shall be deposited as general revenues. History of Section.P.L. 1986, ch. 428, § 1; P.L. 1995, ch. 370, art. 40, § 81.

Section 23-39-14. – Penalties — Action to enforce chapter.

§ 23-39-14. Penalties — Action to enforce chapter. (a) A violation of any provision of this chapter shall be deemed a misdemeanor. (b) The department may bring a civil action in any district court to enforce any provision of this chapter. History of Section.P.L. 1986, ch. 428, § 1.

Section 23-39-15. – Severability.

§ 23-39-15. Severability. If a part of this chapter is held unconstitutional or invalid, all valid parts that are severable from the invalid or unconstitutional part shall remain in effect. If a part of this chapter is held unconstitutional or invalid in one or more of its applications, the part shall remain in effect in […]

Section 23-39-2. – Definitions.

§ 23-39-2. Definitions. As used in this chapter: (1) “Board” means the administrative board of respiratory care; (2) “Department” means the Rhode Island department of health; (3) “Director” means the director of the Rhode Island health department; (4) “Division” means the division of professional regulation; (5) “Respiratory care” (including respiratory therapy and inhalation therapy) means […]

Section 23-39-3. – Purpose.

§ 23-39-3. Purpose. The purpose of this chapter is to safeguard the public health, safety, and welfare by licensing and regulating persons engaged in the practice of respiratory care within the state. History of Section.P.L. 1986, ch. 428, § 1.

Section 23-39-4. – License required.

§ 23-39-4. License required. (a) No person shall practice respiratory care or represent himself or herself to be a respiratory care practitioner unless that person is licensed under this chapter, except as otherwise provided by this chapter. (b) Nothing in this chapter is intended to limit, preclude, or otherwise interfere with the practices of other […]

Section 23-39-5. – Board created.

§ 23-39-5. Board created. (a) Within the division of professional regulation of the health department shall be a board of respiratory care consisting of five (5) members as follows: (1) One physician licensed in the state who is knowledgeable in respiratory care; (2) Three (3) licensed respiratory care practitioners; (3) One public member who is […]

Section 23-39-6. – Board duties.

§ 23-39-6. Board duties. The duties of the board shall be as follows: (1) To evaluate the qualifications of applicants and review the required examination results administered by a testing agency approved by the board; (2) To recommend issue of licenses to applicants who meet the requirements of this chapter; (3) To administer, coordinate, and […]

Section 23-39-7. – Licensing by training and examination.

§ 23-39-7. Licensing by training and examination. (a) Any person desiring to become licensed as a respiratory care practitioner shall make application to the board on a written form in the manner that the board prescribes, pay all required application fees, and certify and furnish evidence to the board that the applicant: (1) Has successfully […]

Section 23-39-8. – Repealed.

§ 23-39-8. Repealed. History of Section.P.L. 1986, ch. 428, § 1; Repealed by P.L. 1989, ch. 542, § 64, effective July 10, 1989.

Section 23-39-9. – Other licensing provisions.

§ 23-39-9. Other licensing provisions. (a)(1) Graduate Practice. Every graduate of a board approved respiratory care school who has filed a respiratory care practitioner application may, upon receiving a receipt from the division of professional regulation, perform as a respiratory care practitioner under the supervision of a respiratory care practitioner licensed in this state. (2) […]