Laws and Regulations

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California Business and Professions Code

Division 1. The Department

• Chapter 1. The Department of Consumer Affairs
  
  

  § 114. Reinstatement of expired license of licensee serving in military

  § 118. Effect of withdrawal of application; Effect of suspension, forfeiture, etc., of license

  § 119. Misdemeanors pertaining to use of licenses

  § 121. Practice during period between renewal and receipt of evidence of renewal

  § 123. Conduct constituting subversion of licensing examination; Penalties and damages

  § 125. Misdemeanor offenses by licensees

  § 128. Sale of equipment, supplies, or services for use in violation of licensing requirements

  § 144. Requirement of fingerprints for criminal record checks

• Chapter 1.5. Unlicensed Activity Enforcement
  
  

  § 145 Legislative findings and declarations

• Chapter 3. Funds of the Department
  
  

  § 201. Levy for administrative expenses

  § 206. Dishonored check tendered for payment of fine, fee, or penalty

• Chapter 7. Licensee
  
  

  § 462. Inactive category of licensure

Division 1.5. Denial, Suspension, and Revocation of Licenses

• Chapter 1. General Provisions
  
  

  § 475. Applicability of division

  § 478. "Application"; "Material"

• Chapter 2. Denial of Licenses
  
  

  § 480. Grounds for denial; Effect of obtaining certificate of rehabilitation

  § 481. Crime and job-fitness criteria

  § 484. Attestation to good moral character of applicant

• Chapter 3. Suspension and Revocation of Licenses
  
  

  § 490. Grounds for suspension or revocation

  § 490.5. Suspension of license for failure to comply with child support order

  § 492. Effect of completion of drug diversion program on disciplinary action or denial of license

• Chapter 5. Examination Security
  
  

  § 496. Grounds for denial, suspension, or revocation of license

  § 498. Fraud, deceit or misrepresentation as grounds for action against license

  § 499. Action against license based on licentiate's actions regarding application of another

Division 2. Healing Arts

• Chapter 1. General Provisions
  
  

  § 581. Purchase or fraudulent alteration of diplomas or other writings

  § 582. Use of illegally obtained, altered, or counterfeit diploma, certificate, or transcript

  § 583. False statements in documents or writings

  § 584. Violation of examination security; Impersonation

  § 651. Dissemination of false or misleading information concerning professional services or products; Permissible advertising

  § 680. Health care practitioner's disclosure of name and license status

  § 702. Holder prohibited from engaging in active license activity

  § 703. Renewal; Fees

  § 726. Commission of act of sexual abuse or misconduct with patient or client

  § 729. Sexual exploitation of patient or client by physician and surgeon, or psychotherapist

  § 731. Violations at work as unprofessional conduct

  § 810. Grounds for disciplinary action against health care professional

  § 820. Examination of licentiate for mental illness or physical illness affecting competency

• Chapter 1.5. Exemption from Licensure
  
  

  § 900. Requirements for exemption; Immunity from liability

• Chapter 3. Clinical Laboratory Technology
  
  

  § 1202.5. "CLIA"; "HCFA"

  § 1206. Definitions

  § 1206.5. Persons who may perform clinical laboratory test

  § 1242.6. Withdrawal of blood by registered or licensed vocational nurse or respiratory care practitioner

  § 1245. Authority to perform blood gas analysis; Application to certified respiratory care practitioner

Chapter 8.3. Respiratory Therapy

• Article 1. General Provisions
  
  

  § 3700. Citation of act

  § 3701. Legislative finding and declaration; Legislative intent

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

  § 3702.5 Respiratory Tasks, Services and Procedures

  § 3702.7 Scope of practice further defined

  § 3703. Settings for respiratory care

  § 3704. Definitions

  § 3705. Scope of authority to practice

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

• Article 2. Administration
  
  

  § 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

• Article 3. Certification of Practitioners
  
  

  § 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

  § 3739. Practice by graduate prior to receipt of license

• Article 4. Education Standards
  
  

  § 3740. Minimum educational requirements of applicants; Applicant with foreign diploma or license; Approval of schools by examining committee

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

  § 3742. Supervision of student respiratory care practitioner

• Article 5. Suspension, Revocation, and Reinstatement of Certificates
  
  

  § 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

  § 3754.8. Continued jurisdiction for enforcement matters when a license cancels, retires, etc.

  § 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

• Article 6. Offenses and Enforcement
  
  

  § 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

• Article 7. Fiscal Administration
  
  

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

  § 3770.1. Data Collection

  § 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

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

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

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

  § 3779. Reliance on web printout for license verification

California Code of Regulations

Title 16. Professional and Vocational Regulations, Division 13.6. Respiratory Care Board of California

• Article 1. General Provisions
  
  

  § 1399.300. Citation

  § 1399.301. Location of Office

  § 1399.302. Definitions

  § 1399.303. Delegation of Authority

  § 1399.304. Filing of Address

  § 1399.305. Officers

• Article 2. Applications
  
  

  § 1399.320. Applications

  § 1399.321. Abandonment of Applications

  § 1399.326. Driving Record

  § 1399.327. Satisfactory Completion of Law and Professional Ethics Course Prerequisite to License

  § 1399.329. Handling of Military Personnel and Military Spouse Applications

• Article 3. Education and Experience
  
  

  § 1399.330. Education Waiver Criteria

• Article 4. [repealed]
• Article 5. Continuing Education
  
  

  § 1399.349. Continuing Education Defined

  § 1399.350. Continuing Education Required

  § 1399.350.5. Law and Professional Ethics Course

  § 1399.351. Approved CE Programs

  § 1399.352. Criteria for Acceptability of Courses

  § 1399.352.5.CE Hours

  § 1399.352.6. Preceptors

  § 1399.352.7. Law and Professional Ethics Course Criteria

  § 1399.353. Audit and Sanctions for Noncompliance

  § 1399.354. Waiver of Requirements

  § 1399.355. Renewal After Inactive or Delinquent Status

  § 1399.356. License Status

• Article 6. Scope of Practice
  
  

  § 1399.360. Unlicensed Personnel Services; Home Care

  § 1399.364. Orders

  § 1399.365. Basic Respiratory Tasks and Services

• Article 7. Miscellaneous
  
  

  § 1399.370. Substantial Relationship Criteria

  § 1399.372. Rehabilitation Criteria for Denials, Suspensions, Revocations, Petitions for Reinstatement, or Probation Modification

  § 1399.372.5. Satisfactory Completion of a Law and Professional Ethics Course Prerequisite to Reinstatement

  § 1399.373. Permit Processing Times

  § 1399.374. Disciplinary Guidelines

  § 1399.375. Cease Practice - Probation

  § 1399.377. Records from Employers

  § 1399.378. Licensee Reporting

  § 1399.379. Employer Reporting

• Article 8. Citations and Fines
  
  

  § 1399.380. Citations

  § 1399.381. Fines

  § 1399.382. Citation Review

  § 1399.383. Appeals

  § 1399.384. Failure to Respond or Appear

  § 1399.385. Failure to Comply with Citation

• Article 9. Fees
  
  

  § 1399.395. Fee Schedule

Relevant Provisions of other California Codes

• Civil Code
  
  

  § 14. Definitions

  § 43.8. No Monetary Liability

• Education Code
  
  

  § 44010. Sex Offense Defined

• Emergency Care Liability Provisions
  
  

  § 2395 of the Business and Professions Code

  § 8659 of the Government Code

• Family Code
  
  

  § 17520. Applicants and Licensees

• Health and Safety Code
  
  

  § 1250.11. Infectious Control Guidelines

  § 1596.798. Child Day Care Facilities; Inhaled Medication

• Penal Code
  
  

  § 220. Assault w/intent to commit mayhem or specified sex offenses

  § 243.4. Sexual Battery; Seriously Disabled or Medically Incapacitated Victims

  § 261. Rape; "Duress" "Menace"

  § 261.5. Unlawful Sexual Intercourse with a Minor

  § 262. Spousal Rape

  § 264.1. Punishment for Aiding and Abetting Rape

  § 266. Procurement

  § 266j. Procurement of Child

  § 267. Abduction of Minor for Prostitution

  § 272. Contributing to delinquency of minor

  § 285. Incest

  § 286. Sodomy

  § 288. Lewd or Lascivious Acts Involving Children

  § 288a. Oral Copulation

  § 289. Penetration by Foreign Object

  § 290. Registration of Sex Offenders

  § 311.1. Sale or Distribution of Obscene Matter Depicting Person Under age of 18 years Engaging in Sexual Conduct

  § 311.2. Production, Distribution, or Exhibition of Obscene Matter

  § 311.3. Sexual Exploitation of Child

  § 311.4. Employment of Minor in Sale or Distribution of Obscene Matter or Production of Pornography

  § 311.10. Advertisement of Obscene Matters Depicting Minors

  § 311.11. Possession or Control of Child Pornography

  § 313.1. Distribution or Exhibition of Harmful matter to minor; Addition of harmful matter to rented video; Defenses

  § 314. Indecent Exposure

  § 647. Disorderly Conduct; Restrictions on Probation

  § 647b. Annoying or Molesting Person Attending Adult School

  § 647.6. Annoying or Molesting Children

  § 1203.4. Change of plea and dismissal of charges after termination of probation; Release from penalties and disabilities; Subsequent offenses

Pending Regulations

Public Comments: Written comments regarding any pending regulation may be submitted during the applicable public comment period. Instructions for submitting comments are provided in the Notice of Proposed Action for each rulemaking.

• Basic Respiratory Tasks and Services (Permanent Rulemaking)
  
  

  Proposed Regulations: Amend section 1399.365 of Title 16, California Code of Regulations
  Status: Open for 45-Day Public Comment
  Notice Publication Date: August 14, 2026
  Comment Period: August 14, 2026 – September 28, 2026
  Current Emergency Regulations: The current emergency regulations remain in effect during this rulemaking process.

  Notice of Proposed Action

  Proposed Regulatory Text

  Initial Statement of Reasons

• Home and Community-Based Respiratory Tasks and Services
  
  

  Proposed Regulations: Add section 1399.361 of Title 16, California Code of Regulations
  Status: Open for 45-Day Public Comment
  Notice Publication Date: August 14, 2026
  Comment Period: August 14, 2026 – September 28, 2026
  

  Notice of Proposed Action

  Proposed Regulatory Text

  Initial Statement of Reasons

Approved Regulations

Please click on the link(s) below to view the RCB's recently approved regulations:

• Basic Respiratory Tasks and Services (Initial Rulemaking)
  
  

  Notice of Proposed Action

  Proposed Regulatory Text

  Initial Statement of Reasons

  15-Day Modified Text

  15-Day Modified Text Notice

  Final Statement of Reasons

  Notice of Approval

  On June 5, 2025, the Office of Administrative Law (OAL) approved the RCB’s Basic Respiratory Tasks and Services regulations and filed the action with the Secretary of State. This regulatory action became effective on October 1, 2025.

  Note: Emergency regulations related to Basic Respiratory Tasks and Services were subsequently approved and became effective on January 12, 2026. Please see the “Basic Respiratory Tasks and Services (Emergency)” section below for the approved emergency regulatory text and filing information.

  For more information, including a breakdown of tasks permitted under this regulation and guidance for RCPs, LVNs, employers, and the public, please visit our Basic Respiratory Tasks and Services information page.

• Basic Respiratory Tasks and Services (Emergency)
  
  

  Notice of Approval, Secretary of State Endorsed Form 400, and Approved Emergency Regulatory Text

  Advance Notice of Intent to File Emergency Regulations

  Finding of Emergency

  Order of Adoption

  The Office of Administrative Law (OAL) approved the RCB’s emergency regulations and the action was filed with the Secretary of State on January 12, 2026. These emergency regulations became effective January 12, 2026.

• Basic Respiratory Tasks and Services (Emergency Re-Adoption)
  
  

  Notice of Approval, Secretary of State Endorsed Form 400, and Approved Emergency Regulatory Text

  Advance Notice of Intent to Re-Adopt Emergency Regulations

  Finding of Emergency

  Order of Adoption

  The Office of Administrative Law (OAL) approved the RCB’s emergency re-adoption regulations and the action was filed with the Secretary of State on July 9, 2026. These emergency regulations became effective July 9, 2026.

Rulemaking Calendar

January 2025