Highlights of the November 14, 2003 Board Meeting
The Respiratory Care Board of California (Board) met on Friday, November 14th, in Sacramento, California. Following are highlights from the meeting:
Election of Officers
The Board elected Scott J. Svonkin to serve a second term as President and Kim C. Cooper, MBA, RRT, RCP to serve as Vice-President in 2004.
Enforcement Process Overview
The Honorable Jaime René Román, Presiding Judge of Sacramento, Office of Administrative Hearings and Mara Faust, Deputy Attorney General of Sacramento, Office of the Attorney General provided an insightful presentation of the enforcement process and entertained questions from the Board. DAG Faust noted that penalties sought by the Board, in the last 2 years have been consistent and proportional overall.
Regulations: Technical Amendments and Education
The Board approved final regulatory language (with recent modifications) that makes several technical amendments, establishes guidelines for waiving education requirements, and establishes requirements for continuing education courses and providers.
Regulations: Citation and Fine - Unlicensed Personnel
The Board approved final regulatory language which will allow the Board to implement sections 3767 and 3768 of the Business and Professions Code which became effective January 1, 2003 and provides that the Board may cite and fine any person or his or her employer, who practices or employs any person to practice, respiratory care without a valid licensed issued by the Board.
Budget Update
12% Personnel Services Reduction Plans prepared in August 2003, were implemented the week of November 2nd. $121,043 was cut from the Board's Personnel Services Budget resulting in the loss of 2 staff people and those positions, and complete elimination of Board members' per diem. Ms. Nunez noted that because of the members' generosity and willingness to forgo their per diem, other staff positions were not cut.
Personnel Changes/Impact
Ms. Nunez reported that due to staffing reductions, effective strategic planning, and the Joint Legislative Sunset Review Committee's recommendations, there were a number of projects on the table necessitating prioritization. The Board gave highest priority to the following projects with a review of these priorities to be made at the Board's next strategic planning session (currently scheduled for November 2004):
- 1. Respiratory Care Specialties: Certification / Sunrise Questionnaire
- 2. Newsletter (published in March and September)
- 3. Law and Professional Ethics Course
- 4. Home Care Action Plan
Collection of Outstanding Costs
With the passage of AB 1777 (statutes of 2003), the Board may begin contracting with collection agencies to attempt to recover and estimated $1 million in outstanding costs from past years as well as an estimated $100,000 in costs in each future year. (These costs are primarily the result of disciplinary decisions where respondents are ordered to pay the Board the costs expended on investigating and prosecuting their cases.) The Board is in the process of submitting bids for the contract and anticipates the program to be implemented in the 1st quarter of 2004.
Delivery of Anesthetic Agents via Mechanical Ventilation
The Board moved for the Professional Licensed Committee (Larry L. Renner, Chair; Richard L. Sheldon, M.D., Member) to work on drafting proposed legislative language clarifying that conscious sedation is within the scope of respiratory care including administration of anesthetic gases for this purpose. The Board clarified that it is not attempting to gain authority to provide unconscious sedation (i.e. general anesthesia).
Home Care Action Plan
The Board moved to support the Professional Licensing Committee's action plan to research and pursue legislative amendments to provide safeguards for consumers receiving respiratory care in homes.
Polysomnography, Pulmonary Function Testing, Hyperbaric Oxygen Therapy, and Cardiac Catheterization Certification Proposal
The Board moved to support the Professional Licensing Committee's recommendation to gather support and prepare a Sunrise Report to pursue certification for each of the afore-mentioned specialties of respiratory care. The Committee's initial concept would allow licensed and unlicensed personnel to receive certification through a grandfather provision. Once the grandfather provision expires, any person choosing to practice in one or more of these specialties, who doesn't already hold current certification for each specialty, would be required to obtain licensure as a respiratory care practitioner to qualify for such certification.
Troop Recognition
On behalf of the Board, President Scott J. Svonkin presented certificates of appreciation to the following licensed respiratory care practitioners who served this year in the U.S. Armed Forces for their courage and valor in defending our Country and our liberties as well as certificates provided by and on behalf of Assemblyman Tim Leslie and Assemblyman Dave Cox:
Matthew A. Petrovich, CRT, RCP, MSgt, USAF
Michael C. Hermon, CRT, RCP, SSgt, USAF
Fred T. Maddox II, CRT, RCP, SSgt, USAF
Lisa M. Pickett, RRT, CPFT, RCP, SSgt, USAF
Jeffrey S. Rutherford, CRT, RCP, MSgt, USAF
Daniel L. Severson, RRT, RCP, SCPO, US Navy
Darrell R. Waite, CRT, RCP, TSgt, USAF
Senator Mike Machado also presented certificates of recognition on behalf of himself and Assemblywoman Lois Wolk, in honor of the service men and women's outstanding service to our Country and the people of California. The Board is forwarding certificates of appreciation and recognition for the following service men and women who were unable to attend the event:
Teddy L. Denison, RRT, RCP, PO2, US Navy
Austin E. DelaCruz Jr., RRT-NPS, RPFT, RCP, TSgt, USAF
Cloria E. Smith, CRT, RCP, TSgt, USAF
Claire L. Zink, CRT, RCP, Sgt, US Army
Mandating Law and Professional Ethics
The Education Committee (Barbara M. Stenson, RCP, Chair; Kim C. Cooper, MBA, RRT, RCP) submitted a proposal to mandate applicants and licensees complete a Law and Professional Ethics course as part of continuing education requirements. The Board moved to pursue legislative authority to mandate the course for applicants prior to licensure, for licensees once every four years and for any person placed on Board probation. Licensees will be able to count the 3-hour course as part of their 15 hours of continuing education required for that two-year renewal period.
2004 Board Meetings
Friday, March 26th via Teleconference (if needed)
Thursday, June 24th in San Diego
Thursday and Friday, October 14th and 15th in Sacramento
Meeting information will be available on this website under "Board Information" a minimum of 10 days prior to the scheduled meeting date.
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.
