37-28-201. License required — exceptions — respiratory care not the practice of medicine. (1) Except as otherwise provided in this chapter, a person may not practice respiratory care or represent to the public that the person is a respiratory care practitioner unless licensed under the provisions of this chapter.

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Montana Code 37-28-201

  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Respiratory care: means the care provided by a member of the allied health profession responsible for the treatment, management, diagnostic testing, and control of patients with deficiencies and abnormalities associated with the cardiopulmonary system. See Montana Code 37-28-102
  • Respiratory care practitioner: means a person who has the knowledge and skill necessary to administer respiratory care and who is licensed under the provisions of part 2 of this chapter. See Montana Code 37-28-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Student respiratory care practitioner: means a person:

    (a)enrolled in a respiratory care educational program recognized by the joint review committee for respiratory therapy education and the American medical association's committee on allied health education and accreditation, or their successors;

    (b)permitted to provide respiratory care under clinical supervision; and

    (c)identified as a student respiratory care practitioner or "SRCP". See Montana Code 37-28-102

(2)This chapter does not prohibit:

(a)the practice of respiratory care that is an integral part of study by a student respiratory care practitioner;

(b)self-care by a patient or the gratuitous care by a friend or family member who does not purport to be a respiratory care practitioner; or

(c)respiratory care rendered in the course of an emergency.

(3)This chapter is not intended to limit, preclude, or interfere with the practice of other persons and health care providers licensed by the appropriate agencies of the state of Montana.

(4)This chapter may not be construed to permit the practice of medicine.