N.J. Admin. Code § 13:44F-3.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:44F-3.3 - Delegation by a respiratory care practitioner to unlicensed persons

(a) For the purposes of this section, the following words shall have the following meanings unless the context clearly indicates otherwise and except as otherwise expressly provided:

"Assistant" means a respiratory assistant, respiratory aide, equipment technician or any other unlicensed person to whom a licensed respiratory care practitioner delegates tasks as set forth in (d) below.

"Inpatient setting" means residential care facilities, hospitals, subacute care facilities and skilled nursing care facilities.

"Outpatient setting" means assisted living facilities and home care.

(b) A licensed respiratory care practitioner may delegate the tasks set forth in (d) below to an individual employed as an assistant, provided the assistant has received a level of training necessary to ensure that the assistant can satisfactorily complete the outlined activities.

1. The licensed respiratory care practitioner shall ensure that training records are completed and kept in the assistant's file. The training records shall include the following:

i. The dates upon which each training session occurred;

ii. The length of each training session;

iii. The topics addressed during each training session; and

iv. Whether the assistant demonstrated satisfactory skill in each task.

2. The licensed respiratory care practitioner shall ensure that an assistant to whom the tasks set forth in (d) below are delegated is reevaluated on an annual basis to ensure continued competency to perform the outlined activities. Documentation related to such reevaluation shall be included in the assistant's file.

(c) Activities that a licensed respiratory care practitioner may delegate to assistants are limited to the following routine tasks:

1. Disassembling, cleaning, disinfecting, sterilizing, assembling, and delivery of all respiratory equipment;

2. Demonstrating and replacing basic respiratory, non-assisted ventilation, and oxygen equipment. Demonstrating or replacing such equipment shall not include administration of medication; and

3. Maintaining and safe handling of oxygen, specialty gas cylinders, and oxygen concentrators, including the performance of oxygen checks and charges.

(d) A licensed respiratory care practitioner shall be responsible for any activities which an assistant performs pursuant to (d) above.

(e) The licensed respiratory care practitioner who delegates tasks set forth in (d) above in an outpatient setting shall ensure that a follow-up visit from a licensee or a person exempt from respiratory care licensure pursuant to N.J.S.A. 45:14E-9.c takes place consistent with the following:

1. Except as provided in (f)2 below, within 24 hours of the delivery of the equipment, including compressors, concentrators, and cylinders that could be used in conjunction with an artificial airway, including transtracheal oxygen catheters, to the patient for the purpose of conducting an in-person assessment of the equipment and patient.

2. Within 72 hours of the delivery of compressors, concentrators, and cylinders, except for those that could be used in conjunction with an artificial airway, including transtracheal oxygen catheters.

3. The follow-up visit shall be documented in writing.

i. The documentation of the follow-up visit shall be maintained for all patients during the course of respiratory care, and for a period of one year following the termination of respiratory care services.

ii. The documentation of the follow-up visit shall be available for the Board's inspection on the business premises of the licensee or person exempt from licensure who conducts the follow-up visit, within 12 business hours of the Board's request. For the purposes of this section, "business hours" is defined as the hours between 9:00 A.M. and 5:00 P.M. Monday through Friday.

N.J. Admin. Code § 13:44F-3.3

Amended by 47 N.J.R. 658(a), effective 3/16/2015.

Amended by 51 N.J.R. 1277(a), effective 8/5/2019

Amended by 54 N.J.R. 1917(a), effective 10/3/2022