Section 1330-01-.03 - RESPIRATORY EQUIPMENT USED BY A PATIENT IN THE PATIENT'S PLACE OF RESIDENCE(1) With respect to respiratory equipment used by a patient in the patient's place of residence, which shall include, but not be limited to, a home residence, private dwelling, nursing home facility, skilled nursing facility, assisted living facility, hospital, or other place where the patient resides, the following acts constitute the practice of respiratory care regardless of whether the acts are performed in the patient's place of residence or in another setting: (a) Initial patient assessment;(b) Attachment of the respiratory equipment to the patient;(c) Ongoing assessment of the patient's response to the administration of the medical gas;(d) Initial and ongoing instruction and education of the patient (and of the patient's family or other caregiver, where relevant) with respect to the role of the respiratory equipment in managing the patient's disease or condition and infection prevention; and(e) Recommendation to the physician of needed modifications in the physician's order.(2) With respect to respiratory equipment used by a patient in the patient's place of residence, as defined in paragraph (1) above, the following acts do not constitute the practice of respiratory care:(a) Delivery of respiratory equipment and supplies (initial and replacement) to the patient's place of residence;(b) Assembly of respiratory equipment in the patient's place of residence;(c) Explanation to the patient of the proper operation and maintenance of the following respiratory equipment: 1. Oxygen cylinders used with pressure regulators/flow controllers to deliver a low flow of oxygen (set at less than 6.00 liters per minute) to the patient through nasal cannula only;2. Home liquid oxygen systems used to deliver a low flow of oxygen (set at less than 6.00 liters per minute) to the patient through nasal cannula only;3. Oxygen concentrators used to deliver a low flow of oxygen (set at less than 6.00 liters per minute) to the patient through nasal cannula only; and4. Humidifiers for nasal cannula.(d) Initial inspection and assessment of the environment in which the respiratory equipment is to be used;(e) Exchange of empty medical gas cylinders;(f) Refilling of liquid oxygen containers; and(g) Servicing (including repair and maintenance) of respiratory equipment, but not including the setting of adjustments.(3) With respect to the following respiratory equipment when delivered and installed, and to be used by a patient in the patient's place of residence, as defined in paragraph (1) above, all acts except delivery, repair and maintenance constitute the practice of respiratory care: (a) Continuous Positive Airway Pressure Devices;(b) Bi-Level Positive Airway Pressure Devices;(e) High-flow (6.00 liters per minute or higher) nasal cannula; and(f) All other respiratory equipment not listed in subparagraph (2)(c).(4) With respect to a small volume medication nebulizer with air compressor which is delivered to a patient's place of residence, the placement of medication in a small volume medication nebulizer with air compressor and the instruction of a patient about the medication constitutes the practice of respiratory care.(5) Nothing in paragraphs (1) through (4) shall prohibit any person licensed or certified to practice any of the other health-related professions in this state under any law from engaging in the practice for which such person is licensed or certified.Tenn. Comp. R. & Regs. 1330-01-.03
Original rule filed June 16, 2006; effective August 30, 2006. Amendments filed March 9, 2021; effective 6/7/2021.Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-27-102, 63-27-104, 63-27-105, 63-27-110, and 63-27-117.