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§ 73-57-35. Unlicensed practice; application of Good Samaritan Act

MS Code § 73-57-35 (2019) (N/A)
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(1) From and after July 1, 1992, no person shall practice respiratory care or represent himself to be a respiratory care practitioner unless he is licensed under this chapter, except as otherwise provided by this chapter.

(2) This chapter does not prohibit:

(a) The practice of respiratory care which is an integral part of the program of study by students enrolled in a respiratory care education program recognized by the Joint Review Committee for Respiratory Therapy Education and the American Medical Association Council on Allied Health Education or their successors. Students enrolled in respiratory therapy education programs shall be identified as “student-RCP” and shall only provide respiratory care under direct clinical supervision.

(b) Self-care by a patient, or gratuitous care by a friend or family member who does not represent or hold himself out to be a respiratory care practitioner.

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

(d) Persons in the military services or working in federal facilities shall be exempted from the provisions of this chapter when functioning in the course of their assigned duties.

(e) The respiratory care practitioner from performing advances in the art and techniques of respiratory care learned through formalized or specialized training.

(3) Nothing in this chapter is intended to limit, preclude or otherwise interfere with the practices of other persons and health providers licensed by appropriate agencies of the State of Mississippi.

(4) An individual who, by passing an examination which includes content in one or more of the functions included in this chapter, shall not be prohibited from performing such procedures for which he was tested, so long as the testing body offering the examination is certified by the National Commission for Health Certifying Agencies or its equivalent, and so long as the individual is a licensed health care provider in the State of Mississippi.

(5) Practitioners regulated under this chapter shall be covered under the state’s “Good Samaritan Act.”

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§ 73-57-35. Unlicensed practice; application of Good Samaritan Act