2017 ORS 688.805¹
Exceptions to license requirements
  • practice requirements

(1) Nothing in ORS 688.800 (Definitions for ORS 688.800 to 688.840) to 688.840 (Immunity from civil liability) is intended to limit, preclude or otherwise interfere with the practices of other persons and health providers licensed by appropriate agencies of this state.

(2) Nothing in ORS 688.800 (Definitions for ORS 688.800 to 688.840) to 688.840 (Immunity from civil liability) prohibits:

(a) The practice of respiratory care by a student enrolled in a respiratory care education program approved by the American Medical Association in collaboration with the Joint Review Committee for Respiratory Therapy Education or their successors or equivalent organizations, as approved by the Respiratory Therapist and Polysomnographic Technologist Licensing Board.

(b) The practice of polysomnography by a student who is:

(A) Enrolled in an educational program for polysomnography approved by the board; and

(B) In the physical presence of a supervisor approved by the board.

(c) Self-care by a patient, or gratuitous care by a friend or family member who does not claim to be a respiratory care practitioner.

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

(3) Persons in the military services or working in federal facilities are exempt from the provisions of ORS 688.800 (Definitions for ORS 688.800 to 688.840) to 688.840 (Immunity from civil liability) when functioning in the course of assigned duties.

(4) Nothing in ORS 688.800 (Definitions for ORS 688.800 to 688.840) to 688.840 (Immunity from civil liability) is intended to permit the practice of medicine by a person licensed to practice respiratory care or polysomnography unless the person is also licensed to practice medicine.

(5) The practice of respiratory care:

(a) May be performed in any clinic, hospital, skilled nursing facility, private dwelling or other setting approved by the board.

(b) Must be performed in accordance with the prescription or verbal order of a physician or naturopathic physician and shall be performed under a qualified medical director for respiratory care.

(6) The practice of polysomnography:

(a) May be performed in a clinic, hospital, skilled nursing facility, sleep center, sleep laboratory, physician’s office, naturopathic physician’s office, private dwelling or other setting approved by the board.

(b) Must be performed in accordance with the prescription or verbal order of a physician, naturopathic physician or physician assistant licensed under ORS chapter 677 or a nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) and under the direction of a qualified medical director for polysomnography. [1997 c.792 §7; 2011 c.715 §2; 2017 c.356 §91]

1 Legislative Counsel Committee, CHAPTER 688—Therapeutic and Technical Services: Physical Therapists; Medica, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors688.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.