36-4C-1 Definition of terms.
36-4C-2 Respiratory care defined.
36-4C-3 Respiratory care authorized.
36-4C-4 Respiratory Care Practitioner's Advisory Committee--Membership--Duties.
36-4C-5 Use of title and abbreviation.
36-4C-6 Medical practice not authorized.
36-4C-7 Construction of chapter.
36-4C-8 Temporary permit.
36-4C-9 Written application--Requirements.
36-4C-10 Qualification for license.
36-4C-11 Fee required for license or temporary permit.
36-4C-12 Renewal of license.
36-4C-13 Prescription and publication of fees.
36-4C-14 Promulgation of rules to set standards of practice.
36-4C-15 Revocation, suspension or cancellation of license or permit--Grounds.
36-4C-16 Initiation of revocation, suspension, or cancellation proceeding.
36-4C-17 Majority of board required for revocation, suspension or cancellation proceedings.
36-4C-18 Procedures for revocation, suspension or cancellation of license.
36-4C-19 Appeal by aggrieved party.
36-4C-20 Reinstatement of license or permit.
36-4C-21 Record keeping responsibilities of secretary of board.
36-4C-22 Recommendation of prosecution and civil actions.
36-4C-23 Investigation of violations.
36-4C-24 Injunction as alternative to criminal proceedings.
Terms used in this chapter mean:
(1) "Affiliate," the South Dakota affiliate of the American Association for
Respiratory Care;
(2) "Board," the State Board of Medical and Osteopathic Examiners;
(3) "Committee," the Respiratory Care Advisory Committee provided for in this
chapter;
(4) "Qualified medical director," the physician responsible for the medical
direction of any inpatient or outpatient respiratory care service, department,
or home care agency. The medical director shall be a licensed physician
pursuant to chapter 36-4 who has special interest and knowledge in the
diagnosis and treatment of cardiopulmonary problems. If possible, the
medical director shall be qualified by special training or be experienced in the
management of acute and chronic respiratory disorders or both. The medical
director is responsible for the quality, safety, and appropriateness of
respiratory care services;
(5) "Respiratory care practitioner," any person with a temporary permit or license
to practice respiratory care as defined in this chapter and whose temporary
permit or license is in good standing;
(6) "Registered respiratory therapist," a respiratory care practitioner who has
successfully completed a training program accredited by the Commission on
Accreditation of Allied Health Education Programs in collaboration with the
Committee on Accreditation for Respiratory Care and who has successfully
completed the registry examination for advanced respiratory therapists
administered by the National Board for Respiratory Care, Incorporated;
(7) "Certified respiratory therapist," a respiratory care practitioner who has
successfully completed a training program accredited by the Commission on
Accreditation of Allied Health Education Programs in collaboration with the
Committee on Accreditation for Respiratory Care and who has successfully
completed the entry level examination for respiratory therapists administered
by the National Board for Respiratory Care, Incorporated;
(8) "Graduate respiratory care practitioner," a person who has graduated from
an education and training program accredited by the Commission on
Accreditation of Allied Health Education Programs in collaboration with the
Committee on Accreditation for Respiratory Care and who is eligible to take
the licensure examination required by § 36-4C-8;
(9) "Student respiratory care practitioner," a person who is enrolled in an
education and training program for respiratory care practitioners which is
accredited by the Commission on Accreditation of Allied Health Education
Programs and the Committee on Accreditation for Respiratory Care and who
provides respiratory care under direct supervision of a licensed respiratory
care practitioner who is on the premises where the respiratory care services
are provided and who is available for immediate consultation.
Source: SL 1993, ch 273, § 1; SL 1994, ch 294, § 1; SL 2004, ch 245, § 1.
Respiratory care is the treatment, management, diagnostic testing, and care of patients with
deficiencies and abnormalities associated with the cardiopulmonary system and associated aspects of
other systems. Respiratory care includes observing, assessing, and monitoring signs, symptoms,
reactions, general behavior, and general physical response of individuals to respiratory care, including
determination of whether those signs, symptoms, reactions, behaviors, or general physical response
exhibit abnormal characteristics; the administration of pharmacological, diagnostic, and therapeutic
agents related to respiratory care; the administration of analgesic agents by subcutaneous injection
or inhalation for performance of respiratory care procedures; the collection of blood specimens and
other bodily fluids and tissues for, and the performance of, cardiopulmonary diagnostic testing
procedures including blood gas analysis; the insertion of maintenance of artificial airways; the insertion
of devices to analyze, infuse, or monitor pressure in arterial, capillary, or venous blood; development,
implementation, and modification of respiratory care treatment plans based on assessment of the
cardio-respiratory system, respiratory care protocols, clinical pathways, referrals and written, verbal,
or telecommunicated orders of a physician; application, operation, and management of mechanical
ventilatory support and other means of life support; hyper baric oxygen medicine; advances in the
art of techniques of respiratory care learned through formal or specialized training; and the initiation
of emergency procedures.
Source: SL 1993, ch 273, § 2; SL 2004, ch 245, § 2.
Respiratory care may be performed in any clinic, hospital, skilled nursing facility, private
dwelling, or other place deemed appropriate by the board, in accordance with the prescription or
verbal order of a physician and shall be performed under a qualified medical director where mandated
by institutional accrediting agencies.
Source: SL 1993, ch 273, § 3.
The board shall appoint a Respiratory Care Practitioners' Advisory Committee composed of
five members as follows:
(1) Two registered respiratory therapists;
(2) Two certified respiratory therapists; and
(3) A physician licensed pursuant to chapter 36-4 who practices as a
pulmonologist.
Committee members shall be selected from a list of nominees by the South Dakota affiliate of
the American Association for Respiratory Care. Each committee member shall serve a term of three
years, except initial appointees whose terms shall be staggered so that no more than two members'
terms expire in any one year. If a vacancy occurs, the board shall appoint a person to fill the
unexpired term.
The advisory committee shall assist the board in evaluating the qualifications of applicants for
licensure and reviewing the examination results of applicants. The committee shall also make
recommendations to the board regarding rules promulgated pursuant to this chapter.
Source: SL 1993, ch 273, § 4; SL 2004, ch 245, § 3.
Use of title and abbreviation
A person who does not hold a license or temporary permit under this chapter as a respiratory
care practitioner or whose license or temporary permit has been suspended or revoked may not use
in connection with the person's practice the words, respiratory care, respiratory therapist, respiratory
care practitioner, certified respiratory care practitioner, respiratory therapy technician, inhalation
therapist, or respiratory care therapist, or the letters, R.C.P., or any other words, letters,
abbreviations, or insignia indicating that the person is a respiratory care practitioner, or otherwise
represent in any way that the person is a respiratory care practitioner. A person who holds a license
or temporary permit to practice respiratory care under this chapter may use the title, respiratory care
practitioner, and the abbreviation, R.C.P.
Source: SL 1993, ch 273, § 5; SL 1994, ch 294, § 2; SL 2004, ch 245, § 4.
Nothing in this chapter may be construed to permit the practice of medicine.
Source: SL 1993, ch 273, § 6.
Nothing in this chapter may be construed to prevent or restrict the practice, services, or
activities of:
(1) Any person licensed or certified in this state by any other law from engaging
in the profession or occupation for which he is licensed or certified who is
performing services within his authorized scope of practice;
(2) A student respiratory care practitioner who is performing respiratory care
without compensation in a clinical training capacity;
(3) Self care, or gratuitous care by a friend or family member who does not
represent or hold himself out to be a respiratory care practitioner;
(4) Federal employees when functioning in the course of their assigned duties;
(5) A person rendering respiratory care in an emergency;
(6) A person other than a respiratory care practitioner who has passed an
examination which includes content in one or more of the practices included
in this chapter, if the person performs only those procedures for which the
person has been successfully tested and the testing body offering the
examination is certified by the National Commission for Health Certifying
Agencies or its equivalent as determined by the board;
(7) A person, other than a respiratory care practitioner, employed by a hospital
or related institution as licensed pursuant to chapter 34-12 who performs
simple oxygen administration, incentives spirometry or chestphysiotherapy
under the direction of a licensed physician, registered nurse, licensed practical
nurse, licensed respiratory care practitioner, certified nurse practitioner or
certified physicians assistant;
(8) A person, other than a respiratory care practitioner, employed by a home
medical equipment company who installs, delivers, and maintains home
respiratory therapy equipment but does not perform patient assessment or
patient care, patient education, or clinical instruction relating to home
respiratory therapy; or
(9) A person licensed or certified to practice respiratory care in another state or
foreign country who provides respiratory care to a critically ill patient while
the patient is being transported to a hospital in this state.
Source: SL 1993, ch 273, § 7; SL 2004, ch 245, § 5.
The board may grant a temporary permit to practice respiratory care to a graduate respiratory
care practitioner. The board may also grant a temporary permit to a student respiratory care
practitioner, but the permit may only allow the student to perform those respiratory care services for
which the student has successfully completed clinical competency evaluation. A temporary permit is
nonrenewable and terminates three months from the date when the applicant becomes eligible to take
the licensure examination required by § 36- 4C-9 or upon the applicant's failure to pass the
examination, whichever occurs first.
Source: SL 1993, ch 273, § 8; SL 2004, ch 245, § 6.
Any applicant applying for a license as a respiratory care practitioner shall file a written
application provided by the board, showing that the applicant meets the following requirements:
(1) Character--Applicant shall be of good moral character;
(2) Education--Applicant shall present evidence satisfactory to the board of
having successfully completed an education and training program accredited
by the Commission on Accreditation of Allied Health Education Programs in
collaboration with the Committee on Accreditation for Respiratory Care; and
(3) Examination--An applicant for licensure as a respiratory care practitioner
shall pass an examination recommended by the Respiratory Care Advisory
Committee and approved by the board.
Source: SL 1993, ch 273, § 9; SL 2004, ch 245, § 7.
The board shall grant a license to any applicant who, through written evidence, verified by
oath, demonstrates:
(1) That he has been performing respiratory care services in the State of South
Dakota prior to November 1, 1993; or
(2) That he is actively certified or registered by the National Board for
Respiratory Care or its successor; or
(3) That he is currently licensed as a respiratory care practitioner or equivalent
in any other state, District of Columbia or territory of the United States which
requires standards for licensure considered by the board to be at least
equivalent to the requirements for licensure in this chapter.
Source: SL 1993, ch 273, § 10.
The board shall issue a license or temporary permit to any applicant who meets the
requirements of this chapter upon payment of the prescribed fee.
Source: SL 1993, ch 273, § 11.
The license of every person licensed under the provisions of this chapter shall be renewed
biennially. The expiration date shall be established by the board. The board shall mail a notice for
renewal of license to the last known address of each licensee currently licensed, at least ninety days
prior to the expiration date of the license. The licensee shall return the notice with the required fee to
the board before the expiration date. Upon receipt of the notice and fee, the board shall issue to the
licensee a certificate of renewal. Failure to receive the notice for renewal of license does not relieve
the licensee of the responsibility for renewing the license and paying the renewal fee within the
prescribed time. Failure of a licensee to renew the license constitutes a forfeiture of such license.
However, any person who has forfeited a license under this chapter may have it restored by making
written application and payment of the biennial renewal fee and the late renewal fee. Late renewal of
a license may not be granted more than one year after its expiration. The board may establish, by rule,
promulgated pursuant to chapter 1-26, requirements for continuing education or retesting for any
person who has not been licensed for a continuous period of time greater than one year. The board
may establish additional requirements for license renewal which may include evidence of continuing
competency.
Source: SL 1993, ch 273, § 12; SL 1994, ch 294, § 3.
The board shall prescribe and publish fees annually for the following by promulgating rules
pursuant to chapter 1-26:
(1) Initial license fee; not to exceed seventy-five dollars;
(2) Renewal of license fee; not to exceed sixty dollars;
(3) Late renewal fee; not to exceed ninety-five dollars; and
(4) Temporary permit fee; not to exceed forty dollars.
Source: SL 1993, ch 273, § 13.
The board may promulgate rules pursuant to chapter 1-26 to set standards of professional
practice for licensed respiratory care practitioners and other rules as may be reasonably necessary to
implement licensing fees and continuing education requirements.
Source: SL 1993, ch 273, § 14.
The license or temporary permit of a respiratory care practitioner may be revoked, suspended
or cancelled upon any one of the following grounds:
(1) The licensee or temporary permit holder is guilty of fraud in the practice of
respiratory care;
(2) The licensee or temporary permit holder is engaged in the practice of
respiratory care under a false or assumed name and has not registered that
name or is impersonating another practitioner of a like or different name;
(3) The licensee or temporary permit holder is determined by a medical examiner
to be addicted to the habitual use of intoxicating liquors, narcotics or
stimulants to the extent that it incapacitates him for the performance of his
professional duties;
(4) The physical or mental condition of the licensee or permit holder is
determined by a medical examiner to be such as to jeopardize or endanger
those who seek treatment from the licensee. A majority of the board may
demand an examination of the licensee or permit holder by a competent
medical examiner selected by the board at the board's expense. If the
licensee or permit holder fails to submit to the examination, this constitutes
immediate grounds for suspension of his license or permit;
(5) The licensee or temporary permit holder obtains or attempts to obtain a
license, renewal thereof or temporary permit by bribery or fraudulent
representation;
(6) The licensee or temporary permit holder is guilty of unprofessional conduct
as defined by the rules established by the board or violation of the code of
ethics adopted and published by the board;
(7) The licensee or temporary permit holder makes a false statement on any form
promulgated by the board in accordance with this chapter or the rules
adopted by the board;
(8) The licensee or temporary permit holder has violated or aided or abetted
others in violation of any provision of this chapter;
(9) The licensee or temporary permit holder has been convicted of any crimes
related to health care or the delivery of health care.
Source: SL 1993, ch 273, § 15.
A proceeding for cancellation, revocation, or suspension of a license or temporary permit may
be initiated if the board has written information that any person may have been guilty of any misconduct
pursuant to § 36-4C-15 or is guilty of gross incompetence or unprofessional or dishonorable conduct.
Source: SL 1993, ch 273, § 16.
Any proceedings relative to the cancellation, revocation, or suspension of a license or
temporary permit or relative to reissuance of a license or temporary permit which has been cancelled,
revoked, or suspended shall be held only when a majority of the members of the board are present
at the hearing. The decision of the board to suspend, revoke or cancel a license or temporary permit
or to reissue a license or temporary permit which has been cancelled, revoked, or suspended requires
a majority vote of all the board members.
Source: SL 1993, ch 273, § 17.
Any proceeding relative to the cancellation, revocation or suspension of a license shall conform
to the procedures set forth in chapter 1-26.
Source: SL 1993, ch 273, § 18.
Any party who is aggrieved by an act, ruling or decision of the board relating to refusal to grant
a license or temporary permit or cancellation, revocation or suspension of a license or temporary
permit may appeal pursuant to chapter 1-26.
Source: SL 1993, ch 273, § 19.
Upon written application establishing compliance with existing licensing or temporary permit
requirements and for reasons the board deems sufficient, the board, for good cause shown, by
majority vote, may, under the conditions it may impose, reinstate or reissue a license or temporary
permit to any person whose license or temporary permit has been cancelled, suspended or revoked.
Upon suspension of a license or temporary permit, the board may provide an automatic reinstatement
thereof after a specified fixed period of time.
Source: SL 1993, ch 273, § 20.
The secretary of the board shall keep a record book in which are entered the names of all
persons to whom licenses or temporary permits have been granted under this chapter, the identification
number of the license or temporary permit, the date of granting the license or temporary permit, license
renewal dates, and other matters of record. This book is a book of records and transcripts of any
record therein pertaining to a person charged with a violation of any of the provisions of this chapter,
certified under the hand of the secretary, and the seal of the board, and shall be admitted as evidence
in any of the courts of this state. The original books, records and papers of the board shall be kept
at the office of the secretary of the board. The secretary shall furnish any person making an application
a copy of any requested record, certified by him as secretary, upon payment of a fee of twenty-five
cents per page.
Source: SL 1993, ch 273, § 21.
The board shall recommend prosecutions for violations of this chapter to the appropriate
state's attorney and recommend to the attorney general the commencement of civil actions to seek
injunctions and other relief for violations of this chapter.
Source: SL 1993, ch 273, § 22.
The board shall investigate every alleged violation of this chapter and report it to the proper
law enforcement officials of the county wherein the alleged violation has occurred.
Source: SL 1993, ch 273, § 23.
Any person violating any provision of this section may be enjoined from further violations by
a suit brought by the state's attorney of the county wherein the violation occurred or suit may be
brought by any citizen of this state. An action for injunction is an alternative to criminal proceedings,
and the commencement of one proceeding by the board constitutes an election.
Source: SL 1993, ch 273, § 24.