(b) Registered polysomnographic technologists shall monitor and record physiologic data using the following tasks under the direct or indirect supervision of a New Hampshire licensed physician:

1. (1) Supplemental oxygen therapy, less than 10 liters per minute utilizing nasal cannula, positive airway pressure (PAP), or bi-level positive airway pressure (BiPAP) during a polysomnogram;
2. (2) Capnography or other measures of carbon dioxide during a polysomnogram;
3. (3) Cardiopulmonary resuscitation;
4. (4) Pulse oximetry;
5. (5) Gastroesophageal pH monitoring;
6. (6) Esophageal pressure monitoring;
7. (7) Sleep staging, including surface electroencephalography, surface electrooculography, and surface submental electromyography;
8. (8) Surface electromyography;
9. (9) Electrocardiography;
10. (10) Respiratory effort monitoring, including thoracic and abdominal movement;
11. (11) Plethysmography blood flow;
12. (12) Snore monitoring;
13. (13) Audio or video monitoring of movement and behavior during sleep;
14. (15) Nasal and oral airflow monitoring;
15. (15) Body temperature monitoring;
16. (16) Monitoring the effects that a mask or oral appliance used to treat sleep disorders has on sleep patterns, provided that the mask or oral appliance does not extend into the trachea or attach to an artificial airway;
17. (17) Observing and monitoring physical signs and symptoms, general behavior, and general physical response to polysomnographic evaluation and determining whether initiation, modification, or discontinuation of a treatment regimen is warranted;
18. (18) Analyzing and scoring data collected during the monitoring described in (17), above, for the purpose of assisting a licensed physician in the diagnosis and treatment of sleep and wake disorders that result from developmental defects, the aging process, physical injury, disease, or actual or anticipated somatic dysfunction;
19. (19) Implementing a written or verbal order from a licensed physician in a sleep lab or sleep center which requires the practice of polysomnography; and

20. (20) Educating and training a patient regarding the treatment regimen to assist the patient in improving the patient’s sleep.

    Source. (See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

    Appendix A: State Statutes Implemented

    Rule

    State Statute(s) Implemented

    Plc 1500 (see below for additional/specific provisions)

    RSA 326-E

    Plc 1502.26

    RSA 326-E:10, II; RSA 326-E:11

    Plc 1503

    RSA 326-E:5

    Plc 1504

    RSA 326-E:3

    Plc 1505

    RSA 326-E:3, IV

    Plc 1506 [reserved]

    Plc 1507

    RSA 326-E:10; RSA 326-E:11

    Plc 1508

    RSA 326-E:10

    Plc 1509

    RSA 326-E:2, VI

    Plc 1510

    RSA 326-E:2, VI

    Plc 1511

    RSA 326-E:9

    Plc 1512

    RSA 326-E:2, I

    Appendix B: Document Incorporated by Reference

    Rule

    Reference Incorporated

    Available at:

    Plc 1509.02

    AARC Statement of Ethics and Professional Conduct revised 04/15

    go to https://www.aarc.org/resources/professional-documents/position-statements/ then click on “AARC Statement of Ethics and Professional Conduct” under “Current Position Statements”

    Appendix C: Statutory Definitions and Exemptions From Licensure

    326-E:1 Definitions

    II. "Certified pulmonary function technician" or "CPFT" means a person having successfully completed and achieved a passing score on the entry level examination in pulmonary function and maintained the related credential issued by the National Board for Respiratory Care, Inc.

    III. "Consultation by telecommunication" means that a respiratory care practitioner renders professional or expert opinion or advice via telecommunications or computer technology from another location. It includes the transfer of data or exchange of educational or related information by any means of audio, video, or data communications.

    IV. "National Board for Respiratory Care, Inc." or "NBRC" means the national voluntary health certifying board that evaluates the professional competence of respiratory therapists and pulmonary function technicians, or its successor organization.

    VIII. "Registered polysomnographic technologist" or "RPSGT" means a person having successfully completed and achieved a passing score on the comprehensive registry examination for polysomnographic technologists administered by the Board of Registered Polysomnographic Technologists or its successor organization.

    IX. "Registered pulmonary function technologist" or "RPFT" means a person having successfully completed and achieved a passing score on the advanced level examination in pulmonary function and maintained the related credential issued by the National Board for Respiratory Care, Inc.

    X. "Respiratory care" means the treatment, management, diagnostic testing and evaluation of responses to respiratory or medical treatment and care of individuals or groups of individuals either having deficiencies or abnormalities of the cardiopulmonary system or requiring support of the cardiopulmonary system. Respiratory care is given in accordance with the prescription of a physician, nurse practitioner, or physician assistant. Respiratory care includes the implementation of respiratory care strategies and modalities, and the administration of pharmacological, diagnostic, and therapeutic agents necessary to implement a treatment, disease or injury prevention, rehabilitative or diagnostic regimen. Respiratory care includes, but is not limited to: initiating emergency procedures; providing health counseling and teaching; assembly, repair, testing and maintenance of respiratory equipment; and those respiratory care activities that require a substantial amount of scientific knowledge or technical skill.

    XI. "Respiratory care educational program" means a program accredited by the American Medical Association's Committee on Allied Health Education and Accreditation in collaboration with the Joint Review Committee for Respiratory Therapy Education, by the Committee on Accreditation for Respiratory Care, or by the Commission on Accreditation of Allied Health Education Programs, or their successor organizations.

    XII. "Respiratory care practitioner" means a person who is:

21. (a) Licensed in the practice or performance of respiratory care who has the knowledge and skill necessary to administer the functions defined in paragraph X of this section.
22. (b) Capable of serving as a resource in relation to the clinical and technical aspects of respiratory care as to the safe and effective methods for administering respiratory care modalities.
23. (c) Able to function in situations of unsupervised patient contact requiring individual judgment.

24. (d) Capable of supervising, directing, and teaching less skilled personnel in the provision of respiratory care services.

    Source. 2003, 310:2. 2005, 293:9. 2009, 54:5, eff. July 21, 2009. 2022, 72:15, eff. July 19, 2022.

    RSA 326-E:6 Exemptions From Licensure. –

    I. This chapter shall not prohibit:

25. (a) A person matriculated in an education program approved by the board who is pursuing a degree in respiratory care or respiratory therapy from satisfying supervised clinical education requirements related to the person's respiratory care education while under direct supervision of a respiratory care practitioner or physician.
26. (b) A respiratory care practitioner from practicing in the Armed Forces, federal public health services, or the Department of Veterans Affairs, pursuant to federal regulations of health care providers.
27. (c) A respiratory care practitioner who is licensed in another jurisdiction of the United States from providing consultation by telecommunication.
28. (d) A respiratory care practitioner who is licensed in another jurisdiction of the United States or foreign educated respiratory care practitioner credentialed in another country from practicing respiratory care in conjunction with teaching or participating in an educational seminar of no more than 60 days in a calendar year.
29. (e) Respiratory care performed as part of a limited scope of practice, as defined by the executive director, in consultation with the advisory board, by certified pulmonary function technicians (CPFT), registered pulmonary function technologists (RPFT) or registered polysomnographic technologists (RPSGT) in a diagnostic laboratory or research setting.
30. (f) Respiratory care rendered in an emergency.
31. (g) Self care by a patient or gratuitous care by family members or friends who do not represent themselves as respiratory care practitioners.
32. (h) A respiratory care practitioner who is licensed in another jurisdiction of the United States or foreign educated respiratory care practitioner credentialed in another country from practicing respiratory care in conjunction with the interfacility transport of a critically ill patient.

33. (i) A polysomnography trainee from fulfilling the training and experiential clinical requirements established by the Board of Polysomnographic Technologists for eligibility for the RPSGT examination, while working under the indirect supervision of a physician, a respiratory care practitioner, or a RPSGT.

    II. This chapter shall not restrict a person licensed under any other law of this state from engaging in the profession or practice for which that person is licensed if that person does not represent, imply, or claim that he or she is a respiratory care practitioner or a provider of respiratory care.

    Source. 2003, 310:2, eff. July 1, 2003. 2022, 72:16, eff. July 19, 2022.

    Appendix D: Plc 307.04 as effective May 1, 2023