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The 189th General Court of the Commonwealth of Massachusetts

Section 23V: Exclusion of other professions or occupations from application of licensing or registration requirements

  Section 23V. Nothing in sections twenty-three R to twenty-three BB, inclusive, shall be construed as preventing or restricting the practice, services, or activities of:

  (a) any person licensed in the commonwealth by any other statute or credentialed by an organization which is a member of the National Commission for Health Certifying Agencies from engaging in the profession for which he is licensed or credentialed, or

  (b) any person employed as a respiratory therapist by the federal government or any agency of it, if such person provides respiratory care solely under the direction or control of the organization by which he is employed, or

  (c) any person pursuing a supervised course of study leading to a degree or certificate in respiratory care as part of an accredited and approved educational program, if the person is designated by a title which clearly indicates his status as a student or trainee, or otherwise as a student functioning under the supervision of a licensed respiratory therapist, provided however, that such activity does not exceed the student's education and training, or

[ Subsection (d) effective until November 2, 2016. For text effective November 2, 2016, see below.]

  (d) any person performing respiratory care services in the commonwealth, if these services are performed for no more than two calendar days in a calendar year in association with a respiratory therapist licensed under this section.

[ Subsection (d) as amended by 2016, 185 effective November 2, 2016. For text effective until November 2, 2016, see above.]

  (d) any person performing respiratory care services in the commonwealth, if these services are performed for not more than 2 calendar days in a calendar year in association with a respiratory therapist licensed under this section, or

[ Subsection (e) added by 2016, 185 effective November 2, 2016.]

  (e) an employee working for a durable medical equipment company in the commonwealth and having a minimum of 500 hours of positive airway pressure equipment and supply related training under the supervision of a respiratory therapist licensed in the commonwealth, performing the delivery, initial setup and maintenance of positive airway pressure equipment and supplies for home care patients with a diagnosis of obstructive sleep apnea; provided, however, that this exemption does not apply to clinical assessment, clinical evaluation or clinical intervention on home care patients.