Summary: This chapter establishes standards of professional care for licensees. Violation of this chapter may subject a licensee to disciplinary action under 10 MRSA §8003(5-A)(A)(2) and (5).
Respiratory care practice that fails to conform to accepted standards of care in the respiratory care profession constitutes misconduct. Examples of misconduct include, but are not limited to, the following:
2. Performing new respiratory care techniques or procedures without proper education and training;4. Failing to supervise persons to whom respiratory care functions have been delegated;5. Failing to take appropriate action or to follow policies and procedures in the practice situation designated to safeguard the patient;6. Abandoning, neglecting, or otherwise physically or emotionally abusing a patient requiring respiratory care;7. Intentionally or negligently causing physical or emotional injury to a patient;8. Failing to safeguard the patient's dignity and right to privacy in providing services;9. Violating the confidentiality of information or knowledge concerning the patient;10. Inaccurate recording, falsifying or altering a patient or health care provider record;11. Exercising undue influence on a patient, which includes the promotion or sale of services, goods, appliances or drugs, in such a manner as to exploit the patient for financial gain of the Respiratory Care Practitioner or of a third party;13. Practicing respiratory care when unfit to perform procedures and make decisions in accordance with the license held because of physical, psychological, or mental impediment;14. Practicing respiratory care when physical or mental ability to practice is impaired by alcohol or drugs including, but not limited to, prescription and non prescription drugs and alcohol;15. Diverting drugs, supplies, or property of patients or health care providers;16. Possessing, obtaining, furnishing or administering prescription drugs to any person, including oneself, except as directed by a person authorized by law to prescribe drugs;17. Allowing another person to use one's Respiratory Care Practitioner license or authorization for practice for any person;18. Impersonating another licensed Respiratory Care Practitioner; or19. Impersonating any applicant, misrepresenting a licensee, or acting as proxy for the applicant, in any respiratory care licensure examination. [NOTE: Additional grounds for disciplinary action appear in 10 MRSA §8003(5-A)(A).]
EFFECTIVE DATE:
March 6, 1988 - as Chapter 3, "Standards of Practice"
AMENDED:
February 19, 1990
EFFECTIVE DATE (ELECTRONIC CONVERSION):
December 14, 1996
REPEALED AND REPLACED:
July 25, 2001 - as Chapter 7, "Standards of Professional Conduct"
NON-SUBSTANTIVE CORRECTIONS:
January 8, 2002 - history list corrected
AMENDED:
May 7, 2011 - as "Misconduct"STATUTORY AUTHORITY: 32 MRSA §9704(2)