Sec. 20-162p. Disciplinary action. Grounds. The commissioner may take any
action set forth in section 19a-17 if the license holder fails to conform to the accepted
standards of the respiratory care profession, including, but not limited to, the following:
Conviction of a felony, fraud or deceit in the practice of respiratory care; illegal conduct;
negligent, incompetent or wrongful conduct in professional activities; emotional disorder or mental illness; physical illness, including, but not limited to, deterioration through
the aging process; abuse or excessive use of drugs, including alcohol, narcotics or chemicals; wilful falsification of entries in any hospital, patient or other record pertaining to
respiratory care; misrepresentation or concealment of a material fact in the obtaining
or reinstatement of a respiratory care practitioner license; violation of any provisions
of sections 20-162n to 20-162q, inclusive, or any regulation adopted pursuant to said
section 20-162o. The Commissioner of Public Health may order a license holder to
submit to a reasonable physical or mental examination if his physical or mental capacity
to practice safely is the subject of an investigation. Said commissioner may petition the
superior court for the judicial district of Hartford to enforce such order or any action
taken pursuant to section 19a-17. Notice of any contemplated action under said section,
of the cause therefor and the date of hearing thereon shall be given and an opportunity
for hearing afforded as provided in regulations adopted by the commissioner.
(P.A. 86-376, S. 3; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-381, S. 9, 39; P.A. 94-210, S.
6; P.A. 95-220, S. 4-6; 95-257, S. 12, 21, 58.)
History: P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective
September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993;
P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14,
1993; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services,
effective July 1, 1993; P.A. 94-210 changed certificate to license and added as grounds for disciplinary action illegal
conduct and misrepresentation or concealment of material fact in obtaining reinstatement; P.A. 95-220 changed the effective
date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health,
effective July 1, 1995.
Sec. 20-162q. License required. Use of title. Exempt activities. (a) No person
shall engage in the practice of respiratory care, as defined in section 20-162n, unless he
is licensed under section 20-162o.
(b) No person, unless licensed under section 20-162o, shall (1) use the title "respiratory care practitioner" authorized in sections 20-162n to 20-162q, inclusive, or any
initials associated with such title, or (2) advertise services under the description of a
"respiratory care practitioner", as defined in section 20-162n.
(c) Nothing in sections 20-162n to 20-162p, inclusive, or this section shall be construed to require licensure as a respiratory care practitioner for the performance of the
following: (1) Private care in a home environment by a family member or a live-in
companion, provided said person does not hold himself out as a respiratory care practitioner or as being able to practice respiratory care and does not receive compensation
for such care and is acting pursuant to the instructions of a respiratory care practitioner
licensed pursuant to section 20-162o; (2) pulmonary function testing services performed
by a person who is credentialed on or before October 1, 1997, by the National Board
for Respiratory Care as a certified pulmonary function technologist or a registered pulmonary function technologist; (3) respiratory care services performed in the course of
the interstate transport of a patient by any person legally authorized to perform such
services outside of this state, provided such services may not be rendered for more than
two calendar days in any calendar year; (4) emergency cardiopulmonary resuscitation
provided to a person who requires such emergency measures; (5) services performed
by a person enrolled in an educational program satisfying the requirements of subdivision (1) of subsection (a) of section 20-162o, provided such services are a required
component of such person's course of study in such program and are rendered under
the direct and immediate supervision of a respiratory care practitioner licensed pursuant
to said section 20-162o, and provided such person is designated by a title which clearly
indicates his status as a student; (6) services performed by a person licensed in this state
and functioning within the scope of such license; or (7) services performed in a youth
camp, provided the person performing such respiratory care services is licensed as a
respiratory care practitioner in another state whose requirements for licensure are equivalent to or greater than those required in this state and such services are provided for a
period not to exceed two weeks in any calendar year.
(P.A. 86-376, S. 4; P.A. 94-210, S. 7; P.A. 95-271, S. 31, 40.)
History: P.A. 94-210 inserted new Subsec. (a) to prohibit practice without a license, relettered Subsec. (a) as Subsec.
(b) and made technical changes, relettered Subsec. (b) as Subsec. (c) and added provisions re not limiting the practices of
other practitioners; P.A. 95-271 amended Subdiv. (2) of Subsec. (c) to require credentials on or before October 1, 1997,
rather than "currently" and added Subdiv. (7) re youth camps.