Respiratory Care Practice Act, Business and Professions Code, Sections 3700 et.

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Respiratory Care Practice Act, Business and Professions Code, Sections 3700 et.

RESPIRATORY CARE PRACTICE ACT
Business and Professions Code, Sections 3700 et.

Division 2, Chapter 8.3
Respiratory Therapy

Article 1 General Provisions

§ 3700. Citation of act

This chapter may be cited as the "Respiratory Care Practice Act."

Added Stats 1982 ch 1344 § 1, operative July 1, 1983.

§ 3701. Legislative finding and declaration; Legislative intent

The Legislature finds and declares that the practice of respiratory care in California affects the public health, safety, and welfare and is to be subject to regulation and control in the public interest to protect the public from the unauthorized and unqualified practice of respiratory care and from unprofessional conduct by persons licensed to practice respiratory care. The Legislature also recognizes the practice of respiratory care to be a dynamic and changing art and science, the practice of which is continually evolving to include newer ideas and more sophisticated techniques in patient care. It is the intent of the Legislature in this chapter to provide clear legal authority for functions and procedures which have common acceptance and usage.

It is the intent also to recognize the existence of overlapping functions between physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care personnel, and to permit additional sharing of functions within organized health care systems. The organized health care systems include, but are not limited to, health facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, clinics, home health agencies, physicians' offices, and public or community health services.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1991 ch 654 § 7 (AB 1893).

§ 3702. Practice of respiratory care; Components; "Respiratory care protocols"

Respiratory care as a practice means a health care profession employed under the supervision of a medical director in the therapy, management, rehabilitation, diagnostic evaluation, and care of patients with deficiencies and abnormalities which affect the pulmonary system and associated aspects of cardiopulmonary and other systems functions, and includes all of the following:

(a) Direct and indirect pulmonary care services that are safe, aseptic, preventative, and restorative to the patient.
(b) Direct and indirect respiratory care services, including but not limited to, the administration of pharmacological and diagnostic and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative or diagnostic regimen prescribed by a physician and surgeon.
(c) Observation and monitoring of signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing and
(1) determination of whether such signs, symptoms, reactions, behavior or general response exhibit abnormal characteristics;
(2) implementation based on observed abnormalities of appropriate reporting or referral or respiratory care protocols, or changes in treatment regimen, pursuant to a prescription by a physician and surgeon or the initiation of emergency procedures.
(d) The diagnostic and therapeutic use of any of the following, in accordance with the prescription of a physician and surgeon: administration of medical gases, exclusive of general anesthesia; aerosols; humidification; environmental control systems and baromedical therapy; pharmacologic agents related to respiratory care procedures; mechanical or physiological ventilatory support; bronchopulmonary hygiene; cardiopulmonary resuscitation; maintenance of the natural airways; insertion without cutting tissues and maintenance of artificial airways; diagnostic and testing techniques required for implementation of respiratory care protocols; collection of specimens of blood; collection of specimens from the respiratory tract; analysis of blood gases and respiratory secretions.
(e) The transcription and implementation of the written and verbal orders of a physician and surgeon pertaining to the practice of respiratory care.

"Respiratory care protocols" as used in this section means policies and protocols developed by a licensed health facility through collaboration, when appropriate, with administrators, physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care practitioners.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983.

§ 3702.7. Mechanical and ventilatory support defined

Mechanical or physiological ventilatory support as used in subdivision (d) of Section 3702 includes, but is not limited to, any system, procedure, machine, catheter, equipment, or other device used in whole or in part, to provide ventilatory or oxygenating support.

Added Stats 2004 ch 695 (SB 1913).

§ 3703. Settings for respiratory care

(a) The settings in which respiratory care may be practiced include licensed health care facilities, hospitals, clinics, ambulatory or home health care, physicians' offices, and public or community health services. Respiratory care may also be provided during the transportation of a patient, and under any circumstances where an emergency necessitates respiratory care.
(b) The practice of respiratory care shall be performed under the supervision of a medical director in accordance with a prescription of a physician and surgeon or pursuant to respiratory care protocols as specified in Section 3702.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1989 ch 645 § 1.

§ 3704. Definitions

As used in this chapter, these terms shall be defined as follows:

(a) "Board" means the Respiratory Care Board of California.
(b) "Department" means the Department of Consumer Affairs.
(c) "Medical director" means a physician and surgeon who is a member of a health care facility's active medical staff and who is knowledgeable in respiratory care.
(d) "Respiratory care" includes "respiratory therapy" or "inhalation therapy," where those terms mean respiratory care.
(e) "Respiratory therapy school" means a program reviewed and approved by the board.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1989 ch 886 § 70; Stats 1994 ch 1274 § 2 (SB 2039).

§ 3705. Scope of authority to practice

Nothing in this chapter shall be construed as authorizing a respiratory care practitioner to practice medicine, surgery, or any other form of healing, except as authorized by this chapter.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983.

§ 3706. Immunity from liability for rendering emergency care; Exception

A person licensed under this chapter who in good faith renders emergency care at the scene of an emergency which occurs outside both the place and the course of employment shall not be liable for any civil damages as the result of acts or omissions by the person in rendering the emergency care. This section does not grant immunity from civil damages when the person is grossly negligent.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1991 ch 654 § 8 (AB 1893).

Article 2 Administration

§ 3710. Respiratory Care Board

The Respiratory Care Board of California, hereafter referred to as the board, shall enforce and administer this chapter.

This section shall become inoperative on July 1, 2010, and, as of January 1, 2011, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2011, deletes or extends the dates on which it becomes inoperative and is repealed. The repeal of this section renders the board subject to the review required by Division 1.2 (commencing with Section 473).

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1994 ch 908 § 25 (SB 2036), ch 1274 § 2.3 (SB 2039); Stats 1995 ch 599 § 3 (AB 778), operative until July 1, 1999. Amended Stats 1998 ch 991 § 10 (SB 1980), operative until July 1, 2003. Amended Stats 2002, ch 1150 (SB 1955), operative until July 1, 2007.
Amended Stats 2005, ch 675 (SB232), operative until July 1, 2008.
Amended Stats 2006, ch 658 (SB1476), operative until July 1, 2010.

§ 3710.1. Public Protection

Protection 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 interests sought to be promoted, the protection of the public shall be paramount.

Added Stats 1982 ch 107 § 16, operative January 1, 2003.

§ 3711. Members

The members of the board shall be the following: one physician and surgeon, four respiratory care practitioners, each of whom shall have practiced respiratory care and four public members who shall not be licensed by the board.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1991 ch 654 § 9 (AB 1893); Stats 1994 ch 1274 § 2.5 (SB 2039). Amended Stats 1998 ch 991 § 11 (SB 1980).

§ 3712. Appointment of members; Terms; Removal

The members of the board shall be appointed as follows:

(a) Two respiratory care practitioners and one public member shall be appointed by the Speaker of the Assembly.
(b) One physician and surgeon, one respiratory care practitioner, and one public member shall be appointed by the Senate Rules Committee.
(c) One respiratory care practitioner, and two public members shall be appointed by the Governor.

Appointments shall be made for four-year terms, expiring on the first day of June of each year, and vacancies shall be filled for the unexpired term.

No member shall serve for more than two consecutive terms.

Not more than two members of the board shall be appointed from the full-time faculty of any university, college, or other educational institution.

Annually, the board shall elect one of its members as president.

The appointing power shall have the authority to remove any member of the board from office for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1994 ch 1274 § 3 (SB 2039). Amended Stats 1998 ch 991 § 12 (SB 1980).

§ 3713. Qualifications of public members

(a) The public members shall be appointed from persons having the following qualifications:
(1) Be a citizen of the United States of America.
(2) Be a resident of the State of California.
(3) Shall not be an officer or faculty member of any college, school, or institution engaged in respiratory therapy education.
(4) Shall not be licensed by the board or by any board under this division.
(5) Shall have no pecuniary interests in the provision of health care.
(b) The respiratory care practitioner members shall be appointed from persons licensed as respiratory care practitioners having the following qualifications:
(1) Be a citizen of the United States of America.
(2) Be a resident of the State of California.
(3) One respiratory care practitioner shall be an officer or faculty member of any college, school, or institution engaged in respiratory therapy education.
(4) Three respiratory care practitioners shall be involved in direct patient care.
(5) Have at least five years' experience in respiratory care or respiratory therapy education, and have been actively engaged therein for at least three years immediately preceding appointment.
(c) The physician and surgeon member shall be appointed from persons having the following qualifications:
(1) Be a citizen of the United States of America.
(2) Be a resident of the State of California.
(3) Be a licensed practicing physician and surgeon in the State of California.
(4) Be knowledgeable in respiratory care.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1991 ch 654 § 10 (AB 1893); Stats 1994 ch 1274 § 3.1 (SB 2039). Amended Stats 1998 ch 991 § 13.5 (SB 1980).

§ 3715. Payment of expenses

Each member of the board shall receive a per diem and expenses as provided in Section 103.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1994 ch 1274 § 3.5 (SB 2039), operative until July 1, 2007; repealed January 1, 2008.

§ 3716. Authority to hire employees

The board may employ an executive officer exempt from civil service and, subject to the provisions of law relating to civil service, clerical assistants and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties.

The repeal of this section renders the board subject to the review required by Division 1.2 (commencing with Section 473).

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1994 ch 908 § 26 (SB 2036), ch 1274 § 3.7 (SB 2039); Stats 1995 ch 599 § 4 (AB 778),. Amended Stats 1998 ch 991 § 14 (SB 1980), operative until July 1, 2003. Amended Stats 2002, ch 1150 (SB 1955), operative until July 1, 2007.
Amended Stats 2005, ch 675 (SB232), operative until July 1, 2008.
Amended Stats 2006, ch658 (SB1476), operative until July 1, 2010.

§ 3717. Authority to make inspections of and require reports from hospitals or facilities

(a) The board, or any licensed respiratory care practitioner, enforcement staff, or investigative unit appointed by the board, may inspect, or require reports from, a general or specialized hospital or any other facility or corporation providing respiratory care, treatment, or services and the respiratory care staff thereof, with respect to the respiratory care, treatment, services, or facilities provided therein, or the employment of staff providing the respiratory care, treatment, or services, and may inspect and copy respiratory care patient records with respect to that care, treatment, services, or facilities. The authority to make inspections and to require reports as provided by this section is subject to the restrictions against disclosure contained in Section 2225. Those persons may also inspect and copy employment records relevant to an official investigation provided that the written request to inspect the records specifies the portion of the records to be inspected.
(b) The failure of an employer to provide documents as required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation. This penalty shall be in addition to, and not in lieu of, any other civil or criminal remedies.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1991 ch 654 § 12 (AB 1893); Stats 1994 ch 1274 § 4 (SB 2039), ch 1275 § 29 (SB 2101). Amended Stats 1998 ch 553 § 1 (AB 123). Amended Stats 2002, ch 1150 (SB 1955).

§ 3718. Issuance, suspension, and revocation of licenses

The board shall issue, deny, suspend, and revoke licenses to practice respiratory care as provided in this chapter.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1987 ch 839 § 3; Stats 1991 ch 654 § 13 (AB 1893); Stats 1994 ch 1274 § 4.3 (SB 2039). Amended Stats 2002 ch 1150 (SB 1955).

§ 3719. Continuing education requirements; Submission of examination by licensee

Each person renewing his or her license shall submit proof satisfactory to the board that, during the preceding two-year period, he or she completed the required number of continuing education hours established by regulation of the board. Required continuing education shall not exceed 30 hours every two years.

Successful completion of an examination approved by the board may be submitted by a licensee for a designated portion of continuing education credit. The board shall determine the hours of credit to be granted for the passage of particular examinations.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1986 ch 1347 § 1; Stats 1994 ch 1274 § 4.5 (SB 2039). Amended Stats 1998 ch 553 § 2 (AB 123).

§ 3719.5 Professional course requirement

The board may require successful completion of one or more professional courses offered by the board, the American Association for Respiratory Care, or the California Society for Respiratory Care in any or all of the following circumstances:

(a) As part of continuing education.
(b) Prior to initial licensure.
(c) Prior to consideration of a reinstatement petition.

Added Stats 2004 ch 695 (SB 1913).

§ 3720. Meetings

The board shall hold at least one regular meeting annually. The board may convene from time to time until its business is concluded. Special meetings may be held at the time and place the board may designate. Additional meetings may be held upon call of the president or at the written request of any two members of the board.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1994 ch 1274 § 5 (SB 2039).

§ 3722. Adoption of rules and regulations; Compliance with Government Code

The board shall adopt any regulations as may be necessary to effectuate this chapter. In adopting rules and regulations, the board shall comply with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1994 ch 1274 § 5.5 (SB 2039).

Article 3 Certification of Practitioners

§ 3730. Issuance of license; Filing of application; Fee

All licenses for the practice of respiratory care in this state shall be issued by the board, and all applications for those licenses shall be submitted directly to and filed with the board. Except as otherwise required by the director pursuant to Section 164, the license issued by the board shall describe the license holder as a "respiratory care practitioner licensed by the Respiratory Care Board of California."

Each application shall be accompanied by the application fee prescribed in Section 3775, shall be signed by the applicant, and shall contain a statement under oath of the facts entitling the applicant to receive a license without examination or to take an examination.

The application shall contain other information as the board deems necessary to determine the qualifications of the applicant.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1988 ch 1396 § 2, effective September 26, 1988; Stats 1989 ch 645 § 2, ch 886 § 71 (ch 645 prevails); Stats 1990 ch 1072 § 1 (AB 3256), ch 1207 § 3.2 (AB 3242); Stats 1991 ch 654 § 14 (AB 1893); Stats 1994 ch 1274 § 6 (SB 2039).

§ 3731. Use of title or initials permitted by license holder

A person holding a license as a respiratory care practitioner issued by the board shall use the title "respiratory care practitioner" or the letters "RCP." The license as a respiratory care practitioner shall not authorize the use of the prefix "Dr.", or the word "doctor", or any suffix or affix indicating or implying that the licensed person is a doctor or a physician and surgeon. The suffix "M.D." shall not be used unless the licensed practitioner is licensed as a physician and surgeon in this state.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1991 ch 654 § 15 (AB 1893); Stats 1994 ch 1274 § 7 (SB 2039).

§ 3732. Investigation of applicant

(a) The board shall investigate an applicant for a license, before a license is issued, in order to determine whether or not the applicant has the qualifications required by this chapter.
(b) The board may deny an application, or may order the issuance of a license with terms and conditions, for any of the causes specified in this chapter for suspension or revocation of a license, including, but not limited to, those causes specified in Sections 3750, 3750.5, 3752.5,

§ 3735. Successful completion of written examination prerequisite to license

Except as otherwise provided in this chapter, no applicant shall receive a license under this chapter without first successfully passing the national respiratory therapist examination conducted by those persons, and in the manner and under the rules and regulations, as the board may prescribe.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1991 ch 654 § 19 (AB 1893); Stats 1994 ch 1274 § 10 (SB 2039).Amended Stats 2005 ch621(sb 1111).

§ 3735.5. Equivalent examination for credentialing

The requirements to pass the written examination shall not apply to an applicant who at the time of his or her application has passed, to the satisfaction of the board, an examination that is, in the opinion of the board, equivalent to the examination given in this state.

Added Stats 1985 ch 422 § 2, effective July 30, 1985. Amended Stats 1994 ch 1274 § 11 (SB 2039).

§ 3739. Practice by graduate prior to receipt of license

(a)(1) Except as otherwise provided in this section, every person who has filed an application for licensure with the board may, between the dates specified by the board, perform as a respiratory care practitioner applicant under the direct supervision of a respiratory care practitioner licensed in this state provided he or she has met education requirements for licensure as may be certified by his or her respiratory care program, and if ever attempted, has passed the national respiratory therapist examination.
(2) During this period the applicant shall identify himself or herself only as a "respiratory care practitioner applicant."
(3) If for any reason the license is not issued, all privileges under this subdivision shall automatically cease on the date specified by the board.
(b) If an applicant fails the national respiratory therapist examination, all privileges under this section shall automatically cease on the date specified by the board.
(c) No applicant for a respiratory care practitioner license shall be authorized to perform as a respiratory care practitioner applicant if cause exists to deny the license.
(d) "Under the direct supervision" means assigned to a respiratory care practitioner who is on duty and immediately available in the assigned patient care area.

Added Stats 1985 ch 422 § 4, effective July 30, 1985. Amended Stats 1991 ch 654 § 22 (AB 1893); Stats 1994 ch 26 § 130 (AB 1807), effective March 30, 1994, ch 1274 § 14 (SB 2039).
Amended Stats 2005, ch 621 (SB1111).

Article 4 Education Standards

§ 3740. Minimum educational requirements; Evaluation of applicant with foreign diploma or license; Disapproval of school by board

(a) Except as otherwise provided in this chapter, all applicants for licensure under this chapter shall have completed an education program for respiratory care that is accredited by the Commission on Accreditation of Allied Health Education Programs and been awarded a minimum of an associate degree from an institution or university accredited by a regional accreditation agency or association recognized by the United States Department of Education.
(b) Notwithstanding subdivision (a), meeting the following qualifications shall be deemed equivalent to the required education:
(1) Enrollment in a baccalaureate degree program in an institution or university accredited by a regional accreditation agency or association recognized by the United States Department of Education.
(2) Completion of science, general academic, and respiratory therapy course work commensurate with the requirements for an associate degree in subdivision (a).
(c) An applicant whose application is based on a diploma issued to the applicant by a foreign respiratory therapy school or a certificate or license issued by another state, district, or territory of the United States that does not meet the requirements in subdivision (a) or (b), shall enroll in an advanced standing and approved respiratory educational program for evaluation of his or her education and training and furnish documentary evidence, satisfactory to the board, that he or she satisfies all of the following requirements:
(1) Holds an associate degree or higher level degree equivalent to that required in subdivision (a) or (b).
(2) Completion of a respiratory therapy educational program equivalent to that required in subdivision (a) or (b).
(3) Possession of knowledge and skills to competently and safely practice respiratory care in accordance with national standards.
(d) Notwithstanding subdivision (c), an applicant whose application is based on education provided by a Canadian institution or university that does not meet the requirements in subdivision (a) or (b) shall furnish do cumentary evidence, satisfactory to the board, that he or she satisfies both of the following requirements:
(1) Holds a degree equivalent to that required in subdivision (a) or (b).
(2) Completion of a respiratory therapy educational program recognized by the Canadian Board of Respiratory Care.
(e) A school shall give the director of a respiratory care program adequate release time to perform his or her administrative duties consistent with the established policies of the educational institution.
(f) Satisfactory evidence as to educational qualifications shall take the form of certified transcripts of the applicant's college record mailed directly to the board from the educational institution. However, the board may require an evaluation of educational credentials by an evaluation service approved by the board.
(g) At the board's discretion, it may waive its educational 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) Work experience.
(2) Good standing of licensure in another state.
(3) Previous good standing of licensure in the State of California.
(h) Nothing contained in this section shall prohibit the board from disapproving any respiratory therapy school, nor from denying the applicant if the instruction, including modalities and advancements in technology, received by the applicant or the courses were not equivalent to that required by the board.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1986 ch 1347 § 2; Stats 1991 ch 654 § 23 (AB 1893); Stats 1994 ch 1274 § 15 (SB 2039). Amended Stats 2002 ch 1150 § 27 (SB 1955). Amended Stats 2003 ch 874 § 5 (SB 363).

§ 3741. Services rendered by student in approved program; Designation as student

(a) During the period of any clinical training, respiratory care services may be rendered by a student enrolled in an approved respiratory care training program when these services are incidental to his or her course of study.
(b) A person engaged in a respiratory care training program as a student shall be identified only as a "student respiratory care practitioner".

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1989 ch 645 § 5.

§ 3742. Supervision of student respiratory care practitioner

During the period of any clinical training, a student respiratory care practitioner shall be under the direct supervision of a person holding a valid and current license issued under this chapter. "Under the direct supervision" means assigned to a respiratory care practitioner who is on duty and immediately available in the assigned patient care area.

Added Stats 1989 ch 645 § 6. Amended Stats 1991 ch 654 § 24 (AB 1893).

Article 5 Suspension, Revocation, and Reinstatement of Certificates

§ 3750. Causes for denial of, suspension of, revocation of, or probationary conditions upon license

The board may order the denial, suspension, or revocation of, or the imposition of probationary conditions upon, a license issued under this chapter, for any of the following causes:

(a) Advertising in violation of Section 651 or Section 17500.
(b) Fraud in the procurement of any license under this chapter.
(c) Knowingly employing unlicensed persons who present themselves as licensed respiratory care practitioners.
(d) Conviction of a crime that substantially relates to the qualifications, functions, or duties of a respiratory care practitioner. The record of conviction or a certified copy thereof shall be conclusive evidence of the conviction.
(e) Impersonating or acting as a proxy for an applicant in any examination given under this chapter.
(f) Negligence in his or her practice as a respiratory care practitioner.
(g) Conviction of a violation of any of the provisions of this chapter or of any provision of Division 2 (commencing with Section 500), or violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision or term of this chapter or of any provision of Division 2 (commencing with Section 500).
(h) The aiding or abetting of any person to violate this chapter or any regulations duly adopted under this chapter.
(i) The aiding or abetting of any person to engage in the unlawful practice of respiratory care.
(j) The commission of any fraudulent, dishonest, or corrupt act which is substantially related to the qualifications, functions, or duties of a respiratory care practitioner.
(k) Falsifying, or making grossly incorrect, grossly inconsistent, or unintelligible entries in any patient, hospital, or other record.
(l)Changing the prescription of a physician and surgeon, or falsifying verbal or written orders for treatment or a diagnostic regime received, whether or not that action resulted in actual patient harm.
(m) Denial, suspension, or revocation of any license to practice by another agency, state, or territory of the United States for any act or omission that would constitute grounds for the denial, suspension, or revocation of a license in this state.
(n) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of blood-borne infectious diseases from licensee to patient, from patient to patient, and from patient to licensee. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Health Services developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, regulations, and guidelines pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. As necessary, the board shall consult with the California Medical Board, the Board of Podiatric Medicine, the Board of Dental Examiners, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision. The board shall seek to ensure that licensees are informed of the responsibility of licensees and others to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of blood-borne infectious diseases.
(o) Incompetence in his or her practice as a respiratory care practitioner.
(p) A pattern of substandard care.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1987 ch 839 § 6; Stats 1991 ch 654 § 25 (AB 1893); Stats 1992 ch 1289 § 28 (AB 2743), ch 1350 § 7.5 (SB 1813); Stats 1993 ch 589 § 8 (AB 2211); Stats 1994 ch 1274 § 16 (SB 2039); Stats 1997 ch 759 § 27 (SB 827). Amended Stats 1998 ch 553 § 3 (AB 123). Amended Stats 2003 ch 586 § 11 (AB 1777).

§ 3750.5. Additional grounds for denial, suspension, or revocation of license

In addition to any other grounds specified in this chapter, the board may deny, suspend, or revoke the license of any applicant or licenseholder who has done any of the following:

(a) Obtained or possessed in violation of law, or except as directed by a licensed physician and surgeon, dentist, or podiatrist administered to himself or herself, or furnished or administered to another, any controlled substances as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Article 2 (commencing with Section 4015) of Chapter 9.
(b) Used any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Article 2 (commencing with Section 4015) of Chapter 9.
(c) Applied for employment or worked in any health care profession or environment while under the influence of alcohol.
(d) Been convicted of a criminal offense involving the consumption or self-administration of any of the substances described in subdivisions (a) and (b), or the possession of, or falsification of a record pertaining to, the substances described in subdivision (a), in which event the record of the conviction is conclusive evidence thereof.
(e) Been committed or confined by a court of competent jurisdiction for intemperate use of or addiction to the use of any of the substances described in subdivisions (a), (b), and (c), in which event the court order of commitment or confinement is prima facie evidence of that commitment or confinement.
(f) Falsified, or made grossly incorrect, grossly inconsistent, or unintelligible entries in any hospital, patient, or other record pertaining to the substances described in subdivision (a).

Added Stats 1987 ch 839 § 7. Amended Stats 1991 ch 654 § 26 (AB 1893); Stats 1994 ch 1274 § 17 (SB 2039). Amended Stats 2002 ch 1150 (SB 1955). Amended Stats 2004 ch 695 (SB 1913).

§ 3750.51. Limitations period for filing accusation against licensee

(a) Except as provided in subdivisions (b), (c), and (e), any accusation filed against a licensee pursuant to Section 11503 of the Government Code shall be filed within three years from the date the board discovers the alleged act or omission that is the basis for disciplinary action, or within seven years from the date the alleged act or omission that is the basis for disciplinary action occurred, whichever occurs first.
(b) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging the procurement of a license by fraud or misrepresentation is not subject to the limitations set forth in subdivision (a).
(c) The limitation provided for by subdivision (a) shall be tolled for the length of time required to obtain compliance when a report required to be filed by the licensee or registrant with the board pursuant to Article 11 (commencing with Section 800) of Chapter 1 is not filed in a timely fashion.
(d) If an alleged act or omission involves a minor, the seven-year limitations period provided for by subdivision (a) and the 10-year limitations period provided for by subdivision (e) shall be tolled until the minor reaches the age of majority.
(e) An accusation filed against a icensee pursuant to Section 11503 of the Government Code alleging sexual misconduct shall be filed within three years after the board discovers the act or omission alleged as the ground for disciplinary action, or within 10 years after the act or omission alleged as the ground for disciplinary action occurs, whichever occurs first.
(f) The limitations period provided by subdivision (a) shall be tolled during any period if material evidence necessary for prosecuting or determining whether a disciplinary action would be appropriate is unavailable to the board due to an ongoing criminal investigation.

Added Stats 1999 ch 459 § 1.5 (SB 809). Amended Stats 2001 ch 615 § 7 (SB 26), effective October 9, 2001, ch 617 § 3 (AB 1616).

§ 3750.6. Original pocket license or work permit to be produced for inspection

Upon request, every holder of a pocket license shall produce for inspection the original pocket license issued by the board. A facsimile of the license is not sufficient for that purpose.

Upon request, every applicant issued a work permit shall produce for inspection the original permit issued by the board. A facsimile of the work permit is not sufficient for that purpose.

Added Stats 1994 ch 1275 § 30 (SB 2101). Amended Stats 2003 ch 586 § 12 (AB 1777).

§ 3751. Petition for reinstatement, modification, or termination of probation; Discretion of board

(a) A person whose license has been revoked, surrendered, or suspended, or placed on probation, may petition the board for reinstatement, modification, or termination of probation, provided the person has paid all outstanding fees, fines, and cost recovery in full, and monthly probation monitoring payments are current.
(b) A person petitioning for reinstatement of his or her license that has been revoked or surrendered for three or more years shall also meet the current education requirements required for initial licensure.
(c) A petition may be filed only after a period of time has elapsed, but not less than the following minimum periods from the effective date of the decision ordering that disciplinary action:
(1) At least three years for reinstatement of a license that has been revoked or surrendered.
(2) At least two years for early termination of probation of three years or more.
(3) At least one year for modification of a condition, or reinstatement of a license revoked or surrendered for mental or physical illness, or termination of probation of less than three years.
(d) The petition shall state any facts as may be required by the board. The petition shall be accompanied by at least two verified recommendations from licensed health care practitioners who have personal knowledge of the professional activities of the petitioner since the disciplinary penalty was imposed. The board may accept or reject the petition.
(e) Written or oral argument may be provided by the petitioner or, at the request of the board, by the Attorney General. Unless the board or the petitioner requests the presentation of oral argument, the petition shall be considered and voted upon by mail. If the petitioner or the board requests the opportunity for oral argument, the petition shall be heard by the board or the board may assign the petition to an administrative law judge.
(f) Consideration shall be given to all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioner's activities during the time the license was in good standing, and the petitioner's rehabilitative efforts, general reputation for truth, and professional ability.
(g) The board may deny the petition for reinstatement, reinstate the license without terms and conditions, require an examination for the reinstatement, restoration, or modification of probation, or reinstate the license with terms and conditions as it deems necessary. Where a petition is heard by an administrative law judge, the administrative law judge shall render a proposed decision to the board denying the petition for reinstatement, reinstating the license without terms and conditions, requiring an examination for the reinstatement, or reinstating the license with terms and conditions as he or she deems necessary. The board may take any action with respect to the proposed decision and petition as it deems appropriate.
(h) No petition shall be considered under either of the following circumstances:
(1) If the petitioner is under sentence for any criminal offense including any period during which the petitioner is on court-imposed probation or parole.
(2) If an accusation or petition to revoke probation is pending against the person.
(i) The board may deny without a hearing or argument any petition filed pursuant to this section within a period of three years from the effective date of the prior decision.
(j) Petitions for reinstatement shall include a processing fee equal to fees charged pursuant to subdivisions (a) and (h) of Section 3775. In addition, petitions for reinstatement that are granted shall include a fee equal to the fee charged pursuant to subdivision (d) of Section 3775, before the license may be reinstated.
(k) Nothing in this section shall be deemed to alter Sections 822 and 823.

Added Stats 1994 ch 26 § 134 (AB 1807), effective March 30, 1994. Amended Stats 1994 ch 1274 § 19 (SB 2039).
Amended Stats 2005, ch 658 (SB229).

§ 3751.5. Time period prior to reapplication for licensure after denial for cause

Notwithstanding Section 489, a person whose application for licensure has been denied for cause may reapply to the board for licensure only after a period of three years has elapsed from the date of the denial.

Added Stats 1994 ch 1274 § 19.5 (SB 2039).

§ 3752. Procedure on conviction of felony or other offense relating to professional qualifications

A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of any offense which substantially relates to the qualifications, functions, or duties of a respiratory care practitioner is deemed to be a conviction within the meaning of this article. The board shall order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1987 ch 839 § 8; Stats 1991 ch 654 § 28 (AB 1893); Stats 1994 ch 1274 § 19.7 (SB 2039).

§ 3752.5. Crime involving bodily injury or attempted bodily injury

For purposes of Division 1.5 (commencing with Section 475), and this chapter, a crime involving bodily injury or attempted bodily injury shall be considered a crime substantially related to the qualifications, functions, or duties of a respiratory care practitioner.

Added Stats 1987 ch 839 § 9.

§ 3752.6. Crime involving sexual misconduct

For purposes of Division 1.5 (commencing with Section 475), and this chapter, a crime involving sexual misconduct or attempted sexual misconduct, whether or not with a patient, shall be considered a crime substantially related to the qualifications, functions, or duties of a respiratory care practitioner.

Added Stats 1992 ch 1289 § 29 (AB 2743).

§ 3752.7. Sexual contact with patient; Conviction of sexual offense; Revocation

Notwithstanding Section 3750, any proposed decision or decision issued under this chapter in accordance with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, that contains any finding of fact that the licensee or registrant engaged in any act of sexual contact, as defined in Section 729, with a patient, or has committed an act or been convicted of a sex offense as defined in Section 44010 of the Education Code, shall contain an order of revocation. The revocation shall not be stayed by the administrative law judge. For purposes of this section, the patient shall no longer be considered a patient of the respiratory care practitioner when the order for respiratory procedures is terminated, discontinued, or not renewed by the prescribing physician and surgeon.

Added Stats 1994 ch 1274 § 20 (SB 2039).

§ 3753. Application of provisions of Administrative Procedure Act

The procedure in all matters and proceedings relating to the denial, suspension, or revocation of licenses under this chapter shall be governed by the provisions of the Administrative Procedure Act (Chapter 5, commencing with Section 11500, of Part 1 of Division 3 of Title 2 of the Government Code).

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1987 ch 839 § 10; Stats 1991 ch 654 § 29 (AB 1893).

§ 3753.1. Administrative disciplinary decision imposing terms of probation

(a) An administrative disciplinary decision imposing terms of probation may include, among other things, a requirement that the licensee-probationer pay the monetary costs associated with monitoring the probation.
(b) The board shall not renew or reinstate the license of any licensee who has failed to pay all of the costs ordered under this section once a licensee has served his or her term of probation.

Added Stats 1993 ch 1069 § 1 (SB 694). Amended Stats 2002 ch 1150 (SB 1955).

§ 3753.5. Payment of costs of investigation and prosecution of disciplinary action

(a) In any order issued in resolution of a disciplinary proceeding before the board, the board or the administrative law judge may direct any practitioner or applicant found to have committed a violation or violations of law to pay to the board a sum not to exceed the costs of the investigation and prosecution of the case. A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, signed by the official custodian of the record or his or her designated representative shall be prima facie evidence of the actual costs of the investigation and prosecution of the case.
(b) The costs shall be assessed by the administrative law judge and shall not be increased by the board; however, the costs may be imposed or increased by the board if it does not adopt the proposed decision of the case. Where an order for recovery of costs is made and timely payment is not made as directed in the board's decision the board may enforce the order for repayment in any appropriate court. This right of enforcement shall be in addition to any other rights the board may have as to any practitioner directed to pay costs.
(c) In any action for recovery of costs, proof of the board's decision shall be conclusive proof of the validity of the order of payment and the terms for payment.
(d)(1) The board shall not renew or reinstate the license of any licensee who has failed to pay all of the costs ordered under this section.
(2) Notwithstanding paragraph (1), the board may, in its discretion, conditionally renew, for a maximum of one year, the license of any licensee who demonstrates financial hardship, through documentation satisfactory to the board, and who enters into a formal agreement with the board to reimburse the board within that one-year period for those unpaid costs.

Added Stats 1987 ch 839 § 11. Amended Stats 1990 ch 1072 § 2 (AB 3256); Stats 1991 ch 654 § 29.5 (AB 1893); Stats 1992 ch 1289 § 29.1 (AB 2743); Stats 1994 ch 1274 § 21 (SB 2039).

§ 3753.7. Items included in costs of prosecution

For purposes of this chapter, costs of prosecution shall include attorney general or other prosecuting attorney fees, expert witness fees, and other administrative, filing, and service fees.

Added Stats 1993 ch 1069 § 2 (SB 694).

§ 3754. Action of board after hearing

The board may deny an application for, or issue with terms and conditions, or suspend or revoke, or impose probationary conditions upon, a license in any decision made after a hearing, as provided in Section 3753.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1987 ch 839 § 12; Stats 1991 ch 654 § 30 (AB 1893); Stats 1994 ch 1274 § 21.5 (SB 2039).

§ 3754.5. Action against licensee obtaining license by fraud, misrepresentation or mistake

The board shall initiate action against any licensee who obtains a license by fraud or misrepresentation. The board shall take action against any licensee whose license was issued by mistake.

Added Stats 1992 ch 1289 § 30 (AB 2743). Amended Stats 1994 ch 1274 § 21.7 (SB 2039).

§ 3755. Action for unprofessional conduct

The board may take action against any respiratory care practitioner who is charged with unprofessional conduct in administering, or attempting to administer, direct or indirect respiratory care. Unprofessional conduct includes, but is not limited to, repeated acts of clearly administering directly or indirectly inappropriate or unsafe respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques, and violation of any provision of Section 3750. The board may determine unprofessional conduct involving any and all aspects of respiratory care performed by anyone licensed as a respiratory care practitioner. Any person who engages in repeated acts of unprofessional conduct shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for a term not to exceed six months, or by both that fine and imprisonment.

Added Stats 1986 ch 1347 § 3. Amended Stats 1988 ch 1396 § 3, effective September 26, 1988; Stats 1990 ch 1072 § 3 (AB 3256); Stats 1991 ch 654 § 31 (AB 1893); Stats 1992 ch 1289 § 31 (AB 2743); Stats 1994 ch 1274 § 22 (SB 2039).

§ 3756. Fitness to practice; Professional competency examination; Petition of charges before board

(a) A respiratory care practitioner who provides respiratory care may be ordered to undergo a professional competency examination approved by the board if, after investigation and review by one or more respiratory care practitioner consultants of the board, there is reasonable cause to believe that the person providing respiratory care is unable or unwilling to practice respiratory care with reasonable skill and patient safety. Reasonable cause shall be determined by the board and may include, but shall not be limited to, the following:
(1) Negligence.
(2) A pattern of inappropriate direct or indirect administration of respiratory care protocols, procedures, therapeutic regimens, or diagnostic testing of monitoring techniques.
(3) An act of incompetence or negligence causing death or serious bodily injury.
(4) A pattern of substandard care.
(5) Violation of any provision of this chapter.
(b) The matter shall be presented by the board's executive officer or designee by way of a written petition detailing the reasonable cause. The petition shall contain all conclusions and facts upon which the presumption of reasonable cause is based. A copy of the petition shall be served on the person who shall have 45 days after receipt of the copy of the petition to file written opposition to the petition. Service of the petition and any order shall be in accordance with the methods of service authorized by subdivision
(c) of Section 11505 of the Government Code. (c) The board shall review the petition and any written opposition from the person who has charges brought against him or her, or the board may hold a hearing in accordance with the Administrative Procedure Act to determine if reasonable cause exists, as specified in subdivision (a). The person who has charges brought against him or her shall have the right to be represented at that hearing by a person of his or her choice. If the board is satisfied that reasonable cause exists that is considered by the board as unprofessional conduct, the board shall issue an order compelling the person who has charges brought against him or her to undergo an examination of professional competency, as measured by community standards. For purposes of this section, "community standards" means the statewide standards of the community of licensees. Failure to comply with the order duly served the person charged shall constitute unprofessional conduct for purposes of disciplinary proceedings and failure to pass the examination shall result in denial, suspension, or revocation of the license, or registration which shall be determined by the board in its discretion.
(d) If the board proceeds pursuant to Sections 3755 and 3756 and the person charged passes the professional competency examination administered, the board shall be precluded from filing an accusation of incompetency based solely on the circumstances giving rise to the reasonable cause for the examination.
(e) If the board determines there is insufficient cause to file an accusation based on the examination results, then all agency records of the proceedings, including the petition and order for the examination, investigative reports, if any, reports of staff or the board's consultants, and the reports of the examiners, shall be kept confidential and shall not be subject to discovery or subpoena.
(f) If no further proceedings are conducted to determine the person's fitness to practice during a period of five years from the date of the petition under Section 3756, then the agency shall purge and destroy all records pertaining to the proceeding.

Added Stats 1986 ch 1347 § 4. Amended Stats 1988 ch 1396 § 4, effective September 26, 1988; Stats 1990 ch 1072 § 4 (AB 3256); Stats 1991 ch 654 § 32 (AB 1893); Stats 1992 ch 1289 § 32 (AB 2743); Stats 1994 ch 1274 § 23 (SB 2039).

§ 3757. Mental illness or chemical dependency

The board may refuse to issue a license or an authorization to work as a "respiratory care practitioner applicant" whenever it appears that the applicant may be unable to practice his or her profession safely due to mental illness or chemical dependency. The procedures set forth in Article 12.5 (commencing with Section 820) of Chapter 1 shall apply to any denial of a license or authorization pursuant to this section.

Added Stats 1992 ch 384 § 3 (SB 1773). Amended Stats 1994 ch 1274 § 23.5 (SB 2039).

§ 3758. Report on suspension or termination for cause

(a) Any employer of a respiratory care practitioner shall report to the Respiratory Care Board the suspension or termination for cause of any practitioner in their employ. The reporting required herein shall not act as a waiver of confidentiality of medical records. The information reported or disclosed shall be kept confidential except as provided in subdivision (c) of Section 800, and shall not be subject to discovery in civil cases.
(b) For purposes of the section, "suspension of termination for cause" is defined to mean suspension or termination from employment for any of the following reasons:
(1) Use of controlled substances or alcohol to such an extent that it impairs the ability to safely practice respiratory care.
(2) Unlawful sale of controlled substances or other prescription items.
(3) Patient neglect, physical harm to a patient, or sexual contact with a patient.
(4) Falsification of medical records.
(5) Gross incompetence or negligence.
(6) Theft from patients, other employees, or the employer.
(c) Failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.

Added Stats 1998 ch 553 § 4 (AB 123).

§ 3758.5. Reporting violations

If a licensee has knowledge that another person may be in violation of, or has violated, any of the statutes or regulations administered by the board, the licensee shall report this information to the board in writing and shall cooperate with the board in furnishing information or assistance as may be required.

Added Stats 1998 ch 553 § 5 (AB 123).

§ 3758.6. Report on supervisor

(a) In addition to the reporting required under Section 3758, an employer shall also report to the board the name, professional licensure type and number, and title of the person supervising the licensee who has been suspended or terminated for cause, as defined in subdivision (b) of Section 3758. If the supervisor is a licensee under this chapter, the board shall investigate whether due care was exercised by that supervisor in accordance with this chapter. If the supervisor is a health professional, licensed by another licensing board under this division, the employer shall report the name of that supervisor and any and all information pertaining to the suspension or termination for cause of the person licensed under this chapter to the appropriate licensing board.
(b) The failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.

Added Stats 1998 ch 553 § 6 (AB 123). Amended Stats 2002, ch 1150 (SB 1955).

§ 3759. No civil penalties

Pursuant to Section 43.8 of the Civil Code, no person shall incur any civil penalty as a result of making any report required by this chapter.

Added Stats 1998 ch 553 § 7 (AB 123).

Article 6 Offenses and Enforcement

§ 3760. Unauthorized practice or use of title

(a) Except as otherwise provided in this chapter, no person shall engage in the practice of respiratory care, respiratory therapy, or inhalation therapy. For purposes of this section, engaging in the practice of respiratory care includes, but is not limited to, representations by a person whether through verbal claim, sign, advertisement, letterhead, business card, or other representation that he or she is able to perform any respiratory care service, or performance of any respiratory care service.
(b) No person who is unlicensed or whose respiratory care practitioner license has been revoked or suspended, or whose license is not valid shall engage in the practice of respiratory care during the period of suspension or revocation, even though the person may continue to hold a certificate or registration issued by a private certifying entity.
(c) Except as otherwise provided in this chapter, no person may represent himself or herself to be a respiratory care practitioner, a respiratory therapist, a respiratory care technician, or an inhalation therapist, or use the abbreviation or letters "R.C.P.," "R.P.," "R.T.," or "I.T.," or use any modifications or derivatives of those abbreviations or letters without a current and valid license issued under this chapter.
(d) No respiratory care practitioner applicant shall begin practice as a "respiratory care practitioner applicant" pursuant to Section 3739 until the applicant meets the applicable requirements of this chapter and obtains a valid work permit.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1991 ch 654 § 33 (AB 1893); Stats 1994 ch 26 § 136 (AB 1807), effective March 30, 1994, ch 1274 § 24 (SB 2039). Amended Stats 2003 ch 586 § 14 (AB 1777).

§ 3761. License required for practice

(a) No person may practice respiratory care or represent himself or herself to be a respiratory care practitioner in this state, without a valid license granted under this chapter, except as otherwise provided in this chapter.
(b) No person or corporation shall knowingly employ a person who holds himself or herself out to be a respiratory care practitioner without a valid license granted under this chapter, except as otherwise provided in this chapter.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1986 ch 1347 § 5; Stats 1991 ch 654 § 34 (AB 1893); Stats 1993 ch 1069 § 3 (SB 694); Stats 1994 ch 1274 § 24.5 (SB 2039). Amended Stats 2002 ch 1150 § 33 (SB 1955). Amended Stats 2003 ch 586 § 15 (AB 1777).

§ 3762. Chapter not intended to limit authorized and customary duties

Nothing in this chapter is intended to limit preclude, or otherwise interfere with the practices of other licensed personnel in carrying out authorized and customary duties and functions.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1986 ch 1347 § 6; Stats 1994 ch 1274 § 25 (SB 2039).

§ 3763. Violations as misdemeanors; Punishment

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000) or imprisonment in a county jail not exceeding six months, or both, for each offense.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1994 ch 1274 § 26 (SB 2039).

§ 3764. Application for injunction or order restraining unlawful conduct

Whenever any person has engaged or is about to engage in any acts or practices that constitute or will constitute an offense against this chapter, the superior court of any county, on application of the board, the Medical Board of California, or by 10 or more persons holding respiratory care practitioner licenses issued under this chapter, may issue an injunction or other appropriate order restraining that conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that no undertaking shall be required in any action commenced by the board.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1991 ch 654 § 35 (AB 1893); Stats 1994 ch 1274 § 27 (SB 2039); Stats 1995 ch 279 § 23 (AB 1471).

§ 3765. Acts not prohibited

This act does not prohibit any of the following activities:

(a) The performance of respiratory care that is an integral part of the program of study by students enrolled in approved respiratory therapy training programs.
(b) Self-care by the patient or the gratuitous care by a friend or member of the family who does not represent or hold himself or herself out to be a respiratory care practitioner licensed under the provisions of this chapter.
(c) The respiratory care practitioner from performing advances in the art and techniques of respiratory care learned through formal or specialized training.
(d) The performance of respiratory care in an emergency situation by paramedical personnel who have been formally trained in these modalities and are duly licensed under the provisions of an act pertaining to their speciality.
(e) Respiratory care services in case of an emergency. "Emergency," as used in this subdivision, includes an epidemic or public disaster.
(f) Persons from engaging in cardiopulmonary research.
(g) Formally trained licensees and staff of child day care facilities from administering to a child inhaled medication as defined in Section 1596.798 of the Health and Safety Code.
(h) The performance by a person employed by a home medical device retail facility or by a home health agency licensed by the State Department of Health Services of specified, limited, and basic respiratory care or respiratory care related services that have been authorized by the Board.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1991 ch 654 § 36 (AB 1893). Amended Stats 1998 ch 625 § 1 (SB 1663).
Amended Stats 2006 ch 658 (SB1476)

§ 3766. Unlicensed Personnel - Citation and Fines

(a) The board may issue a citation containing an order of abatement and civil penalties against a person who acts in the capacity of, or engages in the business of, a respiratory care practitioner in this state without having a license in good standing issued pursuant to this chapter.
(b) The board may issue a citation containing an order of abatement and civil penalties against a person employing or contracting with a person who acts in the capacity of, or engages in the business of, a respiratory care practitioner in this state without having a license in good standing issued pursuant to this chapter.

Added Stats 2002 ch 1150 (SB 1955).

§ 3767. Unlicensed Personnel - Cite and Fine Issuance

(a) The board shall issue a citation to a person and to his or her employer or contractor, if, upon inspection or investigation, either upon complaint or otherwise, the following conditions are met:
(1) The board has probable cause to believe that the person is acting in the capacity of, or engaging in the practice of, a respiratory care practitioner in this state without having a license in good standing issued pursuant to this chapter.
(2) The person is not otherwise exempted from the provisions of this chapter.
(b) Each citation issued pursuant to subdivision (a) shall meet all of the following requirements:
(1) Be in writing and describe with particularity the basis of the citation.
(2) Contain an order of abatement and an assessment of a civil penalty in an amount not less than two hundred dollars ($200) nor more than fifteen thousand dollars ($15,000).
(c) A person served with a citation may appeal to the board within 15 calendar days after service of the citation with respect to any of the following:
(1) The violations alleged.
(2) The scope of the order of abatement.
(3) The amount of the civil penalty assessed.
(d) If, within 15 calendar days after service of the citation, the person cited fails to notify the board that he or she intends to appeal the citation, the citation shall be deemed a final order of the board and not subject to review by any court or agency. The board may extend the 15-day period for good cause.
(e) (1) If a person cited under this section notifies the board in a timely manner that he or she intends to contest the citation, the board shall afford an opportunity for a hearing.
(2) The board shall thereafter issue a decision, based on findings of fact, affirming, modifying, or vacating the citation, or directing other appropriate relief.
(f) With the approval of the board, the executive officer shall prescribe procedures for the issuance and appeal of a citation and procedures for a hearing under this section. The board shall adopt regulations covering the assessment of a civil penalty that shall give due consideration to the gravity of the violation, and any history of previous violations.
(g) The sanctions authorized under this section shall be separate from and in addition to, any other civil or criminal remedies.

Added Stats 2002 ch 1150 (SB 1955).

§ 3768. Unlicensed Personnel - Fine Collections

(a) After the exhaustion of the review procedures provided for in Section 3767, and as adopted by regulation, the board may apply to the appropriate superior court for both of the following:
(1) A judgment in the amount of the civil penalty.
(2) An order compelling the cited person to comply with the order of abatement.
(b) The application described in subdivision (a) shall include a certified copy of the final order of the board.
(c) The application described in subdivision (a) shall constitute a sufficient showing to warrant the issuance of the judgment and order.
(d) The board may employ collection agencies or other methods in order to collect civil penalties.

Added Stats 2002 ch 1150 (SB 1955).

§ 3769.3. Stipulation for Public Reprimand

(a) Notwithstanding any other provision, the board may, by stipulation with the affected licensee, issue a public reprimand, after it has conducted an investigation, in lieu of filing or prosecuting a formal accusation.
(b) The stipulation shall contain the authority, grounds, and causes and circumstances for taking such action and by way of waiving the affected licensee's rights, inform the licensee of his or her rights to have a formal accusation filed and stipulate to a settlement thereafter or have the matter in the statement of issues heard before an administrative law judge in accordance with the Administrative Procedures Act.
(c) The stipulation shall be public information and shall be used as evidence in any future disciplinary or penalty action taken by the board.

Added Stats 2004 ch 695 (SB 1913).

Article 7 Fiscal Administration

§ 3770. Records of proceedings; Registry of license holders; Publication and sale of list of practitioners

The department shall keep a record of its proceedings under this chapter, and a register of all persons licensed under it. The register shall show the name of every living licensed respiratory care practitioner, his or her last known place of residence, or address of record, and the date and number of his or her certificate as a respiratory care practitioner. The department shall, once every two years, compile a list of respiratory care practitioners authorized to practice respiratory care in the state. Any interested person is entitled to obtain a copy of that list upon application to the department and payment of an amount as may be fixed by the department, which amount shall not exceed the cost of the list so furnished.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1991 ch 654 § 37 (AB 1893). Amended Stats 2002 ch 1150 (SB 1955).

§ 3771. Monthly report to Controller; Payment and credit of moneys received

Within 10 days after the beginning of each calendar month, the board shall report to the Controller the amount and source of all collections made from persons licensed or seeking to be licensed under this chapter, and all fines and forfeitures to which the board is entitled, and at the same time, pay all these sums into the State Treasury, where they shall be credited to the Respiratory Care Fund, which is hereby created and, notwithstanding Section 13340 of the Government Code, continuously appropriated for the purposes of this chapter.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1991 ch 654 § 38 (AB 1893); Stats 1994 ch 1274 § 28 (SB 2039).

§ 3772. Respiratory Care Fund

(a) There is established in the State Treasury the Respiratory Care Fund. All collections from persons licensed or seeking to be licensed under this chapter shall be paid by the board into the fund after the report to the Controller at the beginning of each month of the amount and source of the collections.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1991 ch 654 § 39 (AB 1893).

§ 3773. Notification at time of application for renewal of license

At the time of application for renewal of a respiratory care practitioner license, the licensee shall notify the board of all of the following:

(a) Whether he or she has been convicted of any crime subsequent to the licensee's previous renewal.
(b) The name and address of the licensee's current employer or employers.

Added Stats 1992 ch 1289 § 33 (AB 2743). Amended Stats 1993 ch 1069 § 4 (SB 694); Stats 1994 ch 1274 § 28.5 (SB 2039).

§ 3774. Renewal of license; Expiration

On or before the birthday of a licensed practitioner in every other year, following the initial licensure, the board shall mail to each practitioner licensed under this chapter, at the latest address furnished by the licensed practitioner to the executive officer of the board, a notice stating the amount of the renewal fee and the date on which it is due. The notice shall state that failure to pay the renewal fee on or before the due date and submit evidence of compliance with Sections 3719 and 3773 shall result in expiration of the license. Each license not renewed in accordance with this section shall expire but may within a period of three years thereafter be reinstated upon payment of all accrued and unpaid renewal fees and penalty fees required by this chapter. The board may also require submission of proof of the applicant's qualifications, except that during the three-year period no examination shall be required as a condition for the reinstatement of any expired license that has lapsed solely by reason of nonpayment of the renewal fee.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1986 ch 1347 § 7; Stats 1991 ch 654 § 40 (AB 1893); Stats 1993 ch 1069 § 5 (SB 694); Stats 1994 ch 1274 § 28.7 (SB 2039). Amended Stats 2002 ch 1150 (SB 1955).

§ 3775. Amount of fees

The amount of fees provided in connection with licenses or approvals for the practice of respiratory care shall be as follows:

(a) The application fee shall be established by the board at not more than three hundred dollars ($300). The application fee for the applicant under subdivision (c) of Section 3740 shall be established by the board at not more than three hundred fifty dollars ($350).
(b) The fees for any examination or reexamination required by the board shall be the actual cost to the board for developing, purchasing, grading, and administering each examination or reexamination.
(c) The initial license fee for a respiratory care practitioner shall be no more than three hundred dollars ($300).
(d) For any license term beginning on or after January 1, 1999, the renewal fee shall be established at two hundred thirty dollars ($230). The board may increase the renewal fee, by regulation, to an amount not to exceed three hundred thirty dollars ($330). The board shall fix the renewal fee so that, together with the estimated amount from revenue, the reserve balance in the board's contingent fund shall be equal to approximately six months of annual authorized expenditures. If the estimated reserve balance in the board's contingent fund will be greater than six months, the board shall reduce the renewal fee. In no case shall the fee in any year be more than 10 percent greater than the amount of the fee in the preceding year.
(e) The delinquency fee shall be established by the board at not more than the following amounts:
(1) If the license is renewed not more than two years from the date of its expiration, the delinquency fee shall be 100 percent of the renewal fee in effect at the time or renewal.
(2) If the license is renewed after two years, but not more than three years, from the date of expiration of the license, the delinquency fee shall be 200 percent of the renewal fee in effect at the time of renewal.
(f) The duplicate license fee shall not exceed seventy-five dollars ($75).
(g) The endorsement fee shall not exceed one hundred dollars ($100).
(h) Costs incurred by the board in order to obtain and review documents or information related to the criminal history of, rehabilitation of, disciplinary actions taken by another state agency against, or acts of negligence in the practice of respiratory care by, an applicant or licensee, shall be paid by the applicant or licensee before a license will be issued or a subsequent renewal processed.
(i) Fees paid in any form other than check, money order, or cashier's check shall be subject to an additional processing charge equal to the board's actual processing costs.
(j) Fees incurred by the board to process return mail shall be paid by the applicant or licensee for whom the charges were incurred.
(k) Notwithstanding any other provision of this chapter, the board, in its discretion, may reduce the amount of any fee otherwise prescribed by this section.

Added Stats 1982 ch 1344 § 1, operative July 1, 1983. Amended Stats 1985 ch 422 § 5, effective July 30, 1985; Stats 1991 ch 654 § 41 (AB 1893); Stats 1993 ch 1069 § 6 (SB 694); Stats 1994 ch 1274 § 29 (SB 2039). Amended Stats 1998 ch 991 § 14.1 (SB 1980). Amended Stats 2003 ch 586 § 16 (AB 1777).

§ 3775.5. Application and renewal fee for inactive license

The fee for an inactive license shall be the same as the renewal fee for the practice of respiratory care as specified in Section 3775.

Added Stats 1988 ch 1396 § 5, effective September 26, 1988. Amended Stats 1991 ch 654 § 42 (AB 1893); Stats 1994 ch 1274 § 31 (SB 2039); Stats 1996 ch 830 § 13 (SB 1962).

§ 3775.6. Request for retired status

(a) A licensee may request that his or her license be placed in a "retired" status at any time, provided the license has not been canceled, and any outstanding fines, cost recovery, and monthly probation monitoring costs are paid in full.
(b) An individual with retired status is not subject to any renewal or reporting requirements.
(c) Once an individual is placed on retired status, all privileges to practice respiratory care are rescinded. If an individual practices with a "retired" license, the individual will be subject to discipline as prescribed by this chapter for the unlicensed practice of respiratory care.

Added Stats 2003 ch 586 § 20 (AB 1777).

§ 3776. Payment of fees following return of check for insufficient funds

(a) Any person who submits to the board a check for fees that is returned unpaid shall pay all subsequent required fees by cashier's check or money order.
(b) Any person who submits to the board a check for fees that is returned unpaid shall be assessed an additional processing fee as determined by the board.

Added Stats 1987 ch 839 § 13. Amended Stats 1994 ch 1274 § 31.5 (SB 2039). Amended Stats 1998 ch 991 § 14.4 (SB 1980).

§ 3777. Nonrenewal or nonreinstatement of license for failure to pay fees or meet all requirements

Where an applicant is issued a license to practice respiratory care, and it is later discovered that all required fees have not been paid, approved continuing education is not reported or completed, employer information is not reported, or any other requirements as prescribed by this chapter are not met, the license shall not be renewed or reinstated unless all past and current required fees have been paid and all requirements are met.

Added Stats 1987 ch 839 § 14. Amended Stats 1991 ch 654 § 43 (AB 1893). Amended Stats 2002 ch 1150 § 40 (SB 1955). Amended Stats 2003 ch 586 § 19 (AB 1777).

§ 3778. Authority to contract with collection service; Terms of contract

Notwithstanding any other provision of law, the board may contract with a collection service for the purpose of collecting outstanding fees, fines, or cost recovery amounts, and may release personal information, including the birth date, telephone number, and social security number of any applicant or licensee for this purpose. The contractual agreement shall provide that the collection service shall not inappropriately use or release personal information, and shall provide safeguards to ensure that the information is protected from inappropriate disclosure. The contractual agreement shall hold the collection service liable for inappropriate use or disclosure of personal information.

Added Stats 2003 ch 586 § 20 (AB 1777).

§ 3779. Reliance on web printout for license verification

For purposes of license verification, a person may rely upon the licensing information as it is displayed on the board's Internet Web site that includes the issuance and expiration dates of any license issued by the board.

Added Stats 2005 ch 621 (SB1111).

Quick Hits

Respiratory Care Practice Act, Business and Professions Code, Sections 3700 et.

Article 1. General Provisions

Article 2. Administration

Article 3. Certification of Practitioners

Article 4. Education Standards

Article 5. Suspension, Revocation, and Reinstatement of Certificates

Article 6. Offenses and Enforcement

Article 7. Fiscal Administration

§ 3700. Citation of act

§ 3701. Legislative finding and declaration; Legislative intent

§ 3702. Practice of respiratory care; Components; "Respiratory care protocols"

§ 3702.7. Mechanical and ventilatory support defined

§ 3703. Settings for respiratory care

§ 3704. Definitions

§ 3705. Scope of authority to practice

§ 3706. Immunity from liability for rendering emergency care; Exception

§ 3710. Respiratory Care Board

§ 3710.1. Public Protection

§ 3711. Members

§ 3712. Appointment of members; Terms; Removal

§ 3713. Qualifications of public members

§ 3715. Payment of expenses

§ 3716. Authority to hire employees

§ 3717. Authority to make inspections of and require reports from hospitals or facilities

§ 3718. Issuance, suspension, and revocation of licenses

§ 3719. Continuing education requirements; Submission of examination by licensee

§ 3719.5 Professional course requirement

§ 3720. Meetings

§ 3722. Adoption of rules and regulations; Compliance with Government Code

§ 3730. Issuance of license; Filing of application; Fee

§ 3731. Use of title or initials permitted by license holder

§ 3732. Investigation of applicant

§ 3735. Successful completion of written examination prerequisite to license

§ 3735.5. Equivalent examination for credentialing

§ 3739. Practice by graduate prior to receipt of license

§ 3740. Minimum educational requirements; Evaluation of applicant with foreign diploma or license; Disapproval of school by board

§ 3741. Services rendered by student in approved program; Designation as student

§ 3742. Supervision of student respiratory care practitioner

§ 3750. Causes for denial of, suspension of, revocation of, or probationary conditions upon license

§ 3750.5. Additional grounds for denial, suspension, or revocation of license

§ 3750.51. Limitations period for filing accusation against licensee

§ 3750.6. Original pocket license or work permit to be produced for inspection

§ 3751. Petition for reinstatement, modification, or termination of probation; Discretion of board

§ 3751.5. Time period prior to reapplication for licensure after denial for cause

§ 3752. Procedure on conviction of felony or other offense relating to professional qualifications

§ 3752.5. Crime involving bodily injury or attempted bodily injury

§ 3752.6. Crime involving sexual misconduct

§ 3752.7. Sexual contact with patient; Conviction of sexual offense; Revocation

§ 3753. Application of provisions of Administrative Procedure Act

§ 3753.1. Administrative disciplinary decision imposing terms of probation

§ 3753.5. Payment of costs of investigation and prosecution of disciplinary action

§ 3753.7. Items included in costs of prosecution

§ 3754. Action of board after hearing

§ 3754.5. Action against licensee obtaining license by fraud, misrepresentation or mistake

§ 3755. Action for unprofessional conduct

§ 3756. Fitness to practice; Professional competency examination; Petition of charges before board

§ 3757. Mental illness or chemical dependency

§ 3758. Report on suspension or termination for cause

§ 3758.5. Reporting violations

§ 3758.6. Report on supervisor

§ 3759. No civil penalties

§ 3760. Unauthorized practice or use of title

§ 3761. License required for practice

§ 3762. Chapter not intended to limit authorized and customary duties

§ 3763. Violations as misdemeanors; Punishment

§ 3764. Application for injunction or order restraining unlawful conduct

§ 3765. Acts not prohibited

§ 3766. Unlicensed Personnel - Citation and Fines

§ 3767. Unlicensed Personnel - Cite and Fine Issuance

§ 3768. Unlicensed Personnel - Fine Collections

§ 3769.3. Stipulation for Public Reprimand

§ 3770. Records of proceedings; Registry of license holders; Publication and sale of list of practitioners

§ 3771. Monthly report to Controller; Payment and credit of moneys received

§ 3772. Respiratory Care Fund

§ 3773. Notification at time of application for renewal of license

§ 3774. Renewal of license; Expiration

§ 3775. Amount of fees

§ 3775.5. Application and renewal fee for inactive license

§ 3775.6. Request for retired status