, Question 1
A respiratory therapist licensed in Indiana is employed by a hospital that
operates in both Indiana and a neighboring state. The therapist is asked to
remotely monitor a patient located in the neighboring state via a hospital-based
telehealth system. Under the Indiana Respiratory Care Practitioners Act and
current interstate licensure compacts, which of the following is the most
accurate legal analysis?
A. The therapist may proceed because the physical act of monitoring
occurs in Indiana, so Indiana law exclusively governs.
B. The therapist may proceed only if the neighboring state has enacted the
Respiratory Care Interstate Licensure Compact and the therapist holds a
compact privilege.
C. The therapist may proceed because telehealth is exempt from state
licensure laws under federal Medicare regulations.
D. The therapist may proceed only if the patient's attending physician is
licensed in Indiana.
Correct Answer: B - The therapist may proceed only if the
neighboring state has enacted the Respiratory Care Interstate
Licensure Compact and the therapist holds a compact privilege.
RATIONALE
Interstate telehealth practice requires the practitioner to hold a license
or compact privilege in the state where the patient is located. Indiana
law cannot unilaterally authorize practice in another state. Federal
Medicare regulations do not preempt state licensure, and physician
licensure does not confer authority on the therapist.
Question 2
Which of the following scenarios most clearly constitutes unprofessional
conduct under the Indiana Respiratory Care Practitioners Act, warranting
disciplinary action by the Indiana Board of Respiratory Care?
Page 2
, A. A therapist declines to perform a procedure they believe is outside
their scope of practice and documents the refusal.
B. A therapist delegates a routine spirometry test to an unlicensed
assistive personnel after providing training and direct supervision.
C. A therapist fails to maintain continuing education records for a
renewal cycle but completes the required hours before audit.
D. A therapist signs a physician's name to a medical order without
authorization, believing it expedites patient care.
Correct Answer: D - A therapist signs a physician's name to a
medical order without authorization, believing it expedites patient
care.
RATIONALE
Forging a physician's signature constitutes unprofessional conduct,
including fraud and misrepresentation, under the Act. Declining an
out-of-scope procedure is appropriate. Delegation to unlicensed
personnel for routine tasks under supervision may be permissible if
allowed by law. Late documentation of CE, if completed, is typically a
minor administrative issue, not unprofessional conduct.
Question 3
Table/Exhibit: A respiratory therapist is reviewing a new policy for
high-frequency oscillatory ventilation (HFOV) in a facility. According to
Indiana jurisprudence and standard scope of practice, which of the following
actions by the therapist would be considered within the legal scope of
respiratory care practice?
A. All actions are within scope.
B. Only actions 1, 2, and 5 are within scope.
C. Only actions 3 and 4 are within scope.
D. None of the actions are within scope.
Correct Answer: B - Only actions 1, 2, and 5 are within scope.
Page 3
, RATIONALE
Actions 1, 2, and 5 are within the scope of respiratory care practice
under Indiana law when performed with proper orders and
competency. Routine weaning without a physician's order (action 3)
and routine tracheostomy changes without supervision (action 4)
exceed the legal scope for respiratory therapists in Indiana.
Question 4
A respiratory therapist licensed in Indiana is convicted of misdemeanor DUI.
Under the Indiana Respiratory Care Practitioners Act, which of the following
best describes the Board's authority regarding licensure action?
A. The Board must automatically revoke the license upon any criminal
conviction.
B. The Board may suspend or revoke the license only if the conviction is
a felony.
C. The Board may take disciplinary action if the conviction relates to the
practice of respiratory care or affects the therapist's ability to practice
safely.
D. The Board has no jurisdiction over criminal convictions unrelated to
direct patient care.
Correct Answer: C - The Board may take disciplinary action if
the conviction relates to the practice of respiratory care or affects
the therapist's ability to practice safely.
RATIONALE
The Board has discretionary authority to discipline licensees for
convictions that are substantially related to the practice of respiratory
care or that pose a risk to patient safety. Not all convictions mandate
automatic revocation, and misdemeanors can trigger action if they
reflect on fitness to practice. The Board is not limited to felonies only.
Page 4
A respiratory therapist licensed in Indiana is employed by a hospital that
operates in both Indiana and a neighboring state. The therapist is asked to
remotely monitor a patient located in the neighboring state via a hospital-based
telehealth system. Under the Indiana Respiratory Care Practitioners Act and
current interstate licensure compacts, which of the following is the most
accurate legal analysis?
A. The therapist may proceed because the physical act of monitoring
occurs in Indiana, so Indiana law exclusively governs.
B. The therapist may proceed only if the neighboring state has enacted the
Respiratory Care Interstate Licensure Compact and the therapist holds a
compact privilege.
C. The therapist may proceed because telehealth is exempt from state
licensure laws under federal Medicare regulations.
D. The therapist may proceed only if the patient's attending physician is
licensed in Indiana.
Correct Answer: B - The therapist may proceed only if the
neighboring state has enacted the Respiratory Care Interstate
Licensure Compact and the therapist holds a compact privilege.
RATIONALE
Interstate telehealth practice requires the practitioner to hold a license
or compact privilege in the state where the patient is located. Indiana
law cannot unilaterally authorize practice in another state. Federal
Medicare regulations do not preempt state licensure, and physician
licensure does not confer authority on the therapist.
Question 2
Which of the following scenarios most clearly constitutes unprofessional
conduct under the Indiana Respiratory Care Practitioners Act, warranting
disciplinary action by the Indiana Board of Respiratory Care?
Page 2
, A. A therapist declines to perform a procedure they believe is outside
their scope of practice and documents the refusal.
B. A therapist delegates a routine spirometry test to an unlicensed
assistive personnel after providing training and direct supervision.
C. A therapist fails to maintain continuing education records for a
renewal cycle but completes the required hours before audit.
D. A therapist signs a physician's name to a medical order without
authorization, believing it expedites patient care.
Correct Answer: D - A therapist signs a physician's name to a
medical order without authorization, believing it expedites patient
care.
RATIONALE
Forging a physician's signature constitutes unprofessional conduct,
including fraud and misrepresentation, under the Act. Declining an
out-of-scope procedure is appropriate. Delegation to unlicensed
personnel for routine tasks under supervision may be permissible if
allowed by law. Late documentation of CE, if completed, is typically a
minor administrative issue, not unprofessional conduct.
Question 3
Table/Exhibit: A respiratory therapist is reviewing a new policy for
high-frequency oscillatory ventilation (HFOV) in a facility. According to
Indiana jurisprudence and standard scope of practice, which of the following
actions by the therapist would be considered within the legal scope of
respiratory care practice?
A. All actions are within scope.
B. Only actions 1, 2, and 5 are within scope.
C. Only actions 3 and 4 are within scope.
D. None of the actions are within scope.
Correct Answer: B - Only actions 1, 2, and 5 are within scope.
Page 3
, RATIONALE
Actions 1, 2, and 5 are within the scope of respiratory care practice
under Indiana law when performed with proper orders and
competency. Routine weaning without a physician's order (action 3)
and routine tracheostomy changes without supervision (action 4)
exceed the legal scope for respiratory therapists in Indiana.
Question 4
A respiratory therapist licensed in Indiana is convicted of misdemeanor DUI.
Under the Indiana Respiratory Care Practitioners Act, which of the following
best describes the Board's authority regarding licensure action?
A. The Board must automatically revoke the license upon any criminal
conviction.
B. The Board may suspend or revoke the license only if the conviction is
a felony.
C. The Board may take disciplinary action if the conviction relates to the
practice of respiratory care or affects the therapist's ability to practice
safely.
D. The Board has no jurisdiction over criminal convictions unrelated to
direct patient care.
Correct Answer: C - The Board may take disciplinary action if
the conviction relates to the practice of respiratory care or affects
the therapist's ability to practice safely.
RATIONALE
The Board has discretionary authority to discipline licensees for
convictions that are substantially related to the practice of respiratory
care or that pose a risk to patient safety. Not all convictions mandate
automatic revocation, and misdemeanors can trigger action if they
reflect on fitness to practice. The Board is not limited to felonies only.
Page 4
