§ 4712. Exemptions from licensure
(a) A person shall not practice respiratory care or represent himself or herself to be
a respiratory care practitioner unless he or she is licensed under this chapter, except
that this chapter shall not prohibit:
(1) A person matriculated in an education program approved by the Director who is pursuing
a degree in respiratory care or respiratory therapy from satisfying supervised clinical
education requirements related to the person’s respiratory care education while under
direct supervision of a respiratory care practitioner or physician.
(2) A respiratory care practitioner from practicing in the U.S. Armed Services, U.S. Public
Health Services, or the Department of Veterans Affairs, pursuant to federal regulations
of health care providers.
(3) A respiratory care practitioner who is licensed in another jurisdiction of the United
States from providing consultation by telecommunications.
(4) A respiratory care practitioner who is licensed in another jurisdiction of the United
States, or foreign educated respiratory care practitioner credentialed in another
country, from practicing respiratory care in conjunction with teaching or participating
in an educational seminar of no more than 60 days in a calendar year.
(5) Those individuals meeting the aide/assistant classification or those working under
medical supervision in a pulmonary function testing or research facility.
(6) Respiratory care rendered in an emergency.
(7) Self care by a patient or gratuitous care by family members or friends who do not
represent themselves as respiratory care practitioners.
(8) A respiratory care practitioner who is licensed in another jurisdiction of the United
States or a foreign educated respiratory care practitioner credentialed in another
country from practicing respiratory care in conjunction with the interfacility transport
of a critically ill patient.
(9) A home care medical equipment dealer from performing services related to delivery,
setup, instruction, or maintenance of durable medical equipment, including home respiratory
equipment. This exemption does not include therapeutic evaluation or assessment.
(10) [Expired.]
(11) A polysomnographic technologist, technician, or trainee from performing activities
within the scope of practice adopted by the association of polysomnographic technologists,
while under the direction of a Vermont licensed physician who has training in sleep
medicine.
(12) A perfusionist from performing those activities contained within the perfusion scope
of practice adopted by the American Society of Extracorporeal Technologists, or its
successor organization, while under the supervision of a licensed physician.
(b) This chapter does not restrict a person licensed or certified under any other law
of this State from engaging in the profession or practice for which that person is
licensed or certified if that person does not represent, imply, or claim that he or
she is a respiratory care practitioner or a provider of respiratory care. This chapter
does not expand the scope of practice of any other profession or occupation referred
to in this chapter. (Added 2003, No. 139 (Adj. Sess.), § 2; 2019, No. 178 (Adj. Sess.), § 24, eff. Oct. 1, 2020.)