1.1.................... moves to amend H.F. No. 1077 as follows:
1.2Page 1, line 19, strike the first comma and strike "certification,"
1.3Page 2, line 1, strike "certified respiratory"
1.4Page 2, line 2, delete the new language
1.5Page 2, line 19, before the period insert ", nurse practitioner, or physician assistant"
1.6Page 4, delete section 3 and insert:

1.7    "Sec. 3. Minnesota Statutes 2008, section 147C.10, is amended to read:
1.10    Subdivision 1. Unlicensed practice prohibited. No person shall practice respiratory
1.11care unless the person is licensed as a respiratory therapist under this chapter except
1.12as otherwise provided under this chapter.
1.13    Subdivision 1. Subd. 2. Protected titles. No individual may A person who does not
1.14hold a license or temporary permit under this chapter as a respiratory therapist or whose
1.15license or permit has lapsed, been suspended, or revoked may not use the title "Minnesota
1.16registered licensed respiratory care practitioner therapist," "registered licensed respiratory
1.17care practitioner therapist," "respiratory care practitioner," "respiratory therapist,"
1.18"respiratory therapy (or care) technician," "inhalation therapist," or "inhalation therapy
1.19technician," or use, in connection with the individual's name, the letters "RCP," "RT" or
1.20LRT" or any other titles, words, letters, abbreviations, or insignia indicating or implying
1.21that the individual is eligible for registration licensure by the state as a respiratory care
1.22practitioner therapist unless the individual has been registered licensed as a respiratory
1.23care practitioner therapist according to this chapter.
1.24    Subd. 2. Subd. 3. Other health care practitioners. (a) Nonphysician individuals
1.25practicing in a health care occupation or profession are not restricted in the provision
1.26of services included in section 147C.05, as long as they do not hold themselves out as
2.1respiratory care practitioners by or through the use of the titles provided in subdivision 1
2.2in association with provision of these services. Nothing in this chapter shall prohibit the
2.3practice of any profession or occupation licensed or registered by the state by any person
2.4duly licensed or registered to practice the profession or occupation or to perform any act
2.5that falls within the scope of practice of the profession or occupation.
2.6(b) Physician practitioners are exempt from this chapter.
2.7(c) Nothing in this chapter shall be construed to require registration of a respiratory
2.8care license for:
2.9(1) a respiratory care practitioner student enrolled in a respiratory therapy or
2.10polysomnography technology education program accredited by the Commission on
2.11Accreditation of Allied Health Education Programs, its successor organization, or another
2.12national recognized accrediting organization approved by the board; and
2.13(2) a respiratory care practitioner employed in the service of the federal government
2.14therapist as a member of the United States armed forces while performing duties incident
2.15to that employment duty;
2.16(3) an individual employed by a durable medical equipment provider or home
2.17medical equipment provider who delivers, sets up, or maintains respiratory care
2.18equipment, but does not perform assessment, education, or evaluation of the patient;
2.19(4) self-care by a patient or gratuitous care by a friend or relative who does not
2.20purport to be a licensed respiratory therapist; or
2.21(5) an individual employed in an accredited sleep lab or center as a polysomnographic
2.22technologist under the supervision of a licensed physician..
2.23    Subd. 3. Subd. 4. Penalty. A person who violates subdivision 1 this section is
2.24guilty of a gross misdemeanor.
2.25    Subd. 4. Subd. 5. Identification of registered licensed practitioners. Respiratory
2.26care practitioners registered therapists licensed in Minnesota shall wear name tags that
2.27identify them as respiratory care practitioners therapists while in a professional setting. If
2.28not written in full, this must be designated as RCP "RT" or "LRT". A student attending
2.29a an accredited respiratory therapy training education program or a tutorial intern program
2.30must be identified as a student respiratory care practitioner therapist. This abbreviated
2.31designation is Student RCP RT. Unregulated individuals who work in an assisting
2.32respiratory role under the supervision of respiratory care practitioners therapists must be
2.33identified as respiratory care therapy assistants or aides."