Respiratory Care Board of California

Highlights of the November 8, 2002 Board Meeting

The Respiratory Care Board of California (Board) met on Friday, November 8th in Los Angeles, California. Following are a few highlights from the meeting:

Examination Contract
The Board supported the Professional Licensing Committee's recommendation to utilize the National Board for Respiratory Care (NBRC) as its sole examination administration provider. This movement is in line with the Board's Strategic Plan, Professional Licensing Goal #2, to streamline and simplify the examination process for applicants and program directors. Board staff will be working towards making necessary changes in existing examination administration provider contracts. The implementation date will occur prior to December 2003.

Proposed Regulatory Amendments - Applications for Initial Licensure & Clean Up
The Board approved regulatory language which provides technical amendments, defines application filing and processing time lines, and repeals those sections related to respiratory program curriculum (new education criteria was established in statute effective 1/1/03). Once the regulatory language is finalized, it will be made available on the Board's website (under Laws/Regulations).

Cite and Fine and Disciplinary Guidelines Regulations
The Cite and Fine and Disciplinary Guidelines regulation package is moving forward and is expected to be in place by April 2003.

Establishment of New Task Forces
As part of its efforts to address the current trends in the practice of respiratory care in various settings and specialities and its impact on consumer safety, the Board appointed members to newly established task forces as follows:

Home Care Task Force: Scott Svonkin, Chair & Barbara Stenson, RCP, Member

Pulmonary Function Task Force: Richard Sheldon, M.D., Chair

Cardiac Catheter Laboratory Task Force: Larry Renner, RCP, Chair

Polysomnography Task Force: Kim Cooper, RCP, Chair

2002 Chaptered Legislation
AB 269 and SB 1955 made specific amendments to sections of the Business and Professions Code which govern the practice of respiratory care.

AB 269 established B&P Code section 3710.1 which states, AProtection of the public shall be the highest priority for the Respiratory Care Board of California in exercising its licensing, regulatory and disciplinary functions. Whenever the protection of the public is inconsistent with other interest sought to be promoted, the protection of the public shall be paramount.

SB 1955 contained numerous statutory amendments which can be viewed at www.leginfo.ca.gov.

Recognition of RCPs under the Medicare Home Health Services Benefit
Following the AARC's lead, the Board will continue to lobby for changes in legislation and regulation that will recognize RCPs under the Medicare Home Health Services Benefit. Board Members have suggested to meet with Congressional Members to rally support for these changes. Further, the Board will seek a Resolution from the California Senate and/or Assembly which it will present to Congress as part of this initiative.

RCP Recognition, Lon Lancaster
The Board was honored to recognize Lon Lancaster for his significant contributions and dedication toward the practice of respiratory care.

Mr. Lancaster was nominated by the 24 RCPs who make up the entire Respiratory Care Department at Kern Medical Center where he has been employed since 1988. Mr. Lancaster has earned the respect and admiration of hospital staff with his vast contributions and endless hours of dedication to the education and training of respiratory therapists, nurses and resident physicians. Mr. Lancaster also works closely with One Legacy, a transplant organ donation network, and San Joaquin Valley College's RCP educational program. One Legacy told the Board that Mr. Lancaster is an outstanding individual who proudly represents and contributes everyday to his profession. He is a true role model who teaches by example. One Legacy recounts an event demonstrating Mr. Lancaster's dedication to his profession and his generous, selfless actions, which resulted in preserving 5 live-saving organs to individuals who otherwise had no hope. San Joaquin Valley College also expressed to the Board that Mr. Lancaster assures that RCP students get the most out of their clinical rotation and that he goes beyond his regular duties to support the student, his department and the school of respiratory therapy.

The Board was impressed with and was honored to recognize Mr. Lancaster for his contributions.

Sam Giordano, Executive Director, American Association for Respiratory Care
It was an honor to have Sam Giordano, Executive Director of the AARC, address the Board on a number of issues facing the respiratory care profession. Throughout the entire Board Meeting, Mr. Giordano provided a wealth of information and expertise in many areas. Mr. Giordano specifically addressed the Board on the areas of continuing education and continuing competency as they relate to strengthened consumer protection.

Mr. Giordano has had a major influence on the direction the respiratory care profession has taken throughout the years. For his dedication and tireless efforts, Mr. Giordano was awarded the Jimmy A. Young Medal by the AARC in October 2002. Many of the Board's members expressed what a great honor it was to have had the opportunity to meet such an influential and distinguished member of the respiratory profession.

Proposed Regulatory Amendments - Continuing Education
The Education Committee briefed the Board on the second Continuing Education roundtable workshop held in Burbank, on October 18th. Based on recommendations and discussion at the workshop, the Education Committee presented the Board with proposed regulatory amendments for required continuing educations. There were a few additional comments received at the meeting, and the Board agreed to make non substantive changes to the language prior to beginning the regulatory process. The language is expected to be filed in January 2003 and will then be available on the Board's website (under Laws/Regulations).

Foreign Education
The Education Committee reported that the current method for evaluating foreign-educated applicants is not effective and has resulted in an additional set of educational criteria, inferior to the education criteria required for U.S. trained applicants. The Committee stated that this dual standard is not in the best interest of California consumers as it jeopardizes their health and safety and potentially undermines the quality and professional standards of the respiratory care profession.

The Board will be considering legislative alternatives, that will provide for proper evaluations of foreign education and ultimately ensure that all applicants are held to the same educational standard.

Education Waiver Proposed Regulations
Effective January 1, 2003, section 3740(g) will be added to the Business and Professions Code and will provide that, At the board's discretion, it may waive its education requirements if evidence is presented and the board deems it as meeting the current educational requirements that will ensure the safe and competent practice of respiratory care. This evidence may include, but is not limited to:

  1. (1) Work experience.
  2. (2) Good standing of licensure in another state.
  3. (3) Previous good standing of licensure in the State of California.

The Board will move forward with regulatory language to clarify and define acceptable work experience and good standing.

2003 Meeting Dates
The Board has tentatively scheduled its 2003 meeting dates and locations as follows:

  1. May 16, 2003 - San Francisco
  2. August 22, 2003 (if needed) - Sacramento
  3. November 14, 2003 - San Diego

2003 Election of Officers
Scott Svonkin was elected to serve as President and Larry Renner, RCP was elected to serve as Vice-President.

If you have any comments, suggestions or questions regarding any Board business we'd like to hear from you. Please send an e-mail to: rcbinfo@dca.ca.gov.