Code of Massachusetts Regulations › 261 CMR - BOARD OF RESPIRATORY CARE › Title 261 CMR 3.00 - Documentation of license › Section 3.05 - Exceptions to General Licensure Requirement

Current through Register 1525, July 5, 2024
A respiratory care license is not required for performance of the following:
(1) private care in a home environment by a family member or friend so long as the provider does not hold him or herself out as a Licensed Respiratory Therapist or as being able to practice respiratory care or as being able to render respiratory services; provided that the services referred to in 261 CMR 3.05(1) are not rendered by any individual or entity incorporated or otherwise organized, or any employee thereof, to provide home medical services or durable medical equipment (DME);
(2) services performed by a person who holds a Certified Pulmonary Function Technician (CPFT) or Registered Pulmonary Function Technician (RPFT) credential from the NBRC; provided such services are included in the scope of practice of the profession or occupation for which such person is credentialed;
(3) pulmonary function testing, performed by a person deemed qualified by his or her employer and so authorized by such employer;
(4) arterial blood gas sampling and/or arterial blood gas analysis performed in conjunction with pulmonary function testing by an individual deemed qualified by his or her employer and so authorized by such employer;
(5) cleaning, sterilizing, disinfecting, assembling, and disassembling of respiratory care equipment;
(6) services performed in association with a Licensed Respiratory Therapist in the course of the interstate transport of a patient requiring respiratory care services by any person employed in the rendering of respiratory care services outside Massachusetts; provided such services may not be rendered for more than two calendar days in any calendar year;
(7) emergency cardiopulmonary resuscitation (CPR) provided to a victim who requires such emergency measures;
(8) the transportation or delivery of compressed gas cylinders and other respiratory care equipment to a home, hospital, or other location;
(9) services performed by a person employed by the federal government or any agency of it, provided such person renders respiratory care services solely under the direction and control of the employing federal organization;
(10) services performed by a person who is enrolled and participating in the clinical portion of a respiratory therapy program, provided such person is designated by a title which clearly indicates his status as a student and functions under the supervision of a Licensed Respiratory Therapist;
(11) services performed by a person licensed in this Commonwealth by any other statute or credentialed by an organization which is a member of the National Commission for Health Certifying Agencies; provided such services are included in scope of practice of the profession or occupation for which such person is licensed or credentialed; and
(12) an employee working for a durable medical equipment company in the Commonwealth and having a minimum of 500 hours of positive airway pressure equipment and supply training under the supervision of a licensed respiratory therapist performing the delivery, initial setup and maintenance of positive airway pressure equipment and supplies for home care patients with a diagnosis of obstructive sleep apnea. This exemption does not apply to clinical assessment, clinical evaluation or clinical intervention on home care patients.