Education Requirements

The Respiratory Care Board's (RCB's) mandate is to protect and serve the consumer. As part of enforcing its mandate, the RCB ensures that minimum licensing standards are met by each applicant.

The RCB is authorized by statute to deny an application for licensure based on a criminal conviction or the commission of an act substantially related to the practice of respiratory care. Grounds for denial of an application for licensure are based on statutes and regulations. The most common grounds for denial affecting new applicants, as well as statues and regulations of interest, are listed as follows:

AUTHORIZATION/PENALTIES

BUSINESS AND PROFESSIONS CODE

SECTION
480 A board may deny a license regulated by this code.
3733 The Board may order the denial of an application for any causes specified.
3739 Authorizes the RCB to deny a work permit/practice as a "respiratory care practitioner applicant."
3750 Authorizes the RCB to take disciplinary action.
3752 Conviction of a crime defined.
3763 Any person who violates any of the provisions of the Respiratory Care Practice Act shall be guilty of a misdemeanor punishable by a fine not exceeding $1,000 or imprisonment in a county jail not exceeding six months, or both, for each offense.

GROUNDS FOR DENIAL

BUSINESS AND PROFESSIONS CODE

SECTION
480 Conviction of a crime; any act involving dishonesty, fraud or deceit; any act which, if done by a licensee, would be grounds for disciplinary action; making a false statement of fact required to be revealed in the application for licensure.

3750(a) Advertising in violation of section 651 or section 17500.

3750(b) Fraud in the procurement of any license.

3750(c) Knowingly employing unlicensed persons who present themselves as licensed respiratory care practitioners.

3750(d) Conviction of a crime that substantially relates to the qualifications, functions, or duties of a respiratory care practitioner. [Examples of violations of law include, but are not limited to, crimes involving sexual misconduct or attempted sexual misconduct; substance abuse and/or related offenses; conviction of driving under the influence of drugs or alcohol; crimes involving bodily injury or attempted bodily injury; and/or crimes involving burglary, petty theft, forgery, and fraud.]

3750(e) Impersonating or acting as a proxy for an applicant in an examination.

3750(f) Negligent practice as a respiratory care practitioner.

3750(g) Conviction of a violation of any of the provisions of this chapter or of any provision of Division 2.

3750(h) Aiding or abetting any person to violate the Respiratory Care Practice Act or regulations under the RCB.

3750(i) Aiding or abetting unlicensed practice of respiratory care.

3750(j) Commission of any fraudulent, dishonest, or corrupt act related to the qualifications, functions, or duties of a respiratory care practitioner. [Examples of violations of law include, but are not limited to, perjury of license application, unlicensed practice, and insurance fraud.]

3750(k) Falsifying, or making grossly incorrect, grossly inconsistent, or unintelligible entries in any patient, hospital, or other record.

3750(l) Changing the prescription of a physician, falsifying verbal or written orders for treatment or diagnostic regime.

3750(m) Discipline of a license to practice, by another agency, state or territory of the United States.

3750(n) Failure to protect a patient by failing to follow infection control guidelines.

3750(o) Incompetence in his or her practice as a respiratory care practitioner.

3750(p) A pattern of substandard care.

3750.5(a) Obtained, possessed, administered to self, furnished or administered to another in violation of law, any controlled substances.

3750.5(b) Use of any controlled substance, dangerous drug or alcoholic beverage to an extent or manner dangerous to self or others or to the extent that the use impairs the ability to conduct, with absolute safety to the public, the practice of respiratory care.

3750.5(c) Conviction of a criminal offense involving alcohol or controlled substances as described in 3750.5(a) and 3750.5(b).

3750.5(d) Commitment or confinement by a court for alcohol or substance addiction.

3750.5(e) Falsified or made grossly incorrect, grossly inconsistent or unintelligible entries in medical records pertaining to controlled substances.

3752.5 Crimes involving bodily injury or attempted bodily injury.

3752.6 Crimes involving sexual misconduct or attempted sexual misconduct.

3752.7 Any commission or conviction of an act of sexual contact with a patient.

3754.5 Obtaining a license by fraud or misrepresentation.

3755 Unprofessional conduct [ie. negligence in the care and treatment of patients, inappropriate or unsafe administration of respiratory procedures, insurance fraud, and misrepresentation of credentials].

3757 Mental illness or chemical dependency

3760 Unlicensed practice and representation

3761 Misrepresentation as a respiratory care practitioner

CALIFORNIA CODE OF REGULATIONS

SECTION
1399.370 A crime or act is substantially related to the qualifications, functions or duties if the evidence presented confirms or shows potential unfitness of the individual to perform the functions authorized by the license or in a manner consistent with the public health, safety, or welfare.

Examples of violations of law include, but are not limited to, violating or attempting to violate, or aiding or abetting the violation of any provision of 475 and conviction of a crime involving fiscal dishonesty.

1399.371 Rehabilitation criteria - The RCB is required to consider specific criteria when considering a denial of license or reinstatement of license for any action pursuant to Section 480.

Please note, the RCB cannot make a determination as to whether or not a license will be denied until an application is filed and all pertinent documents and evidence are reviewed.

This is intended to provide information that can be used as a guide by schools, counselors and prospective students in making informed decisions regarding the RCB application process. For a complete copy of all the laws specific to the practice of respiratory care, please contact the Respiratory Care Board or go to Laws/Regulations.