DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 94

AS AMENDED BY

HOUSE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO RESPIRATORY CARE PRACTITIONERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 24, Chapter 17 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 1776 Respiratory care practitioners.

(a) As used in this subchapter:

(1) “Respiratory care” means the allied health profession, under the direction of a person certified to practice medicine, which is responsible for direct and indirect services in the treatment, management, diagnostic testing, control, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system. Respiratory care includes inhalation therapy and respiratory therapy.

(2) “Respiratory care practitioner” or “RCP” means an individual who practices respiratory care in accord with the requirements of this subchapter; subchapter.

(b) A respiratory care practitioner works under the general supervision of a person certified to practice medicine, whether by direct observation and monitoring, by protocols approved by a person certified to practice medicine, or by orders written or verbally given by a person certified to practice medicine. A respiratory care practitioner may evaluate patients and make decisions within parameters defined by a person certified to practice medicine and by the Board of Medical Licensure and Discipline. The work performed by a respiratory care practitioner includes, but is not limited to: includes:

(1) Collecting samples of blood, secretions, gases, and body fluids for respiratory evaluations; evaluations.

(2) Measuring cardiorespiratory volumes, flows, and pressures; pressures.

(3) Administering pharmacological agents, aerosols, and medical gases via the respiratory route; route.

(4) Inserting and maintaining airways, natural or artificial, for the flow of respiratory gases; gases.

(5) Controlling the environment and ventilatory support systems such as hyperbaric chambers and ventilators; ventilators.

(6) Resuscitating individuals with cardiorespiratory failure; failure.

(7) Maintaining bronchopulmonary hygiene; hygiene.

(8) Researching and developing protocols in respiratory disorders; disorders.

(9) Performing pulmonary function studies; and studies.

(10) The use of telemedicine as defined in this chapter and, as further described in regulation, the use of and participation in telehealth.

(11) Management of extracorporeal membrane oxygenation (ECMO), extracorporeal carbon dioxide removal (ECCO2R) and associated integrated therapies. “Associated integrated therapies” means any clinical interventions, equipment, or procedures that are functionally or technically integrated with ECMO or ECCO2R systems, including renal replacement therapy, mechanical ventilation, and anticoagulation management.