CHAPTER 8.3. Respiratory Therapy [3700. - 3779.]

Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1.

§§ 3700–3779 · 77 sections

1. ARTICLE 1. General Provisions §§ 3700–3706 · 9 sections

   • § 3700 This chapter may be cited as the “Respiratory Care Practice Act.”
   • § 3701 (a) 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…
   • § 3702 (a) Respiratory care as a practice means a health care profession employed under the supervision of a medical director in the therapy, management,…
   • § 3702.5 Except for the board, a state agency may not define or interpret the practice of respiratory care for those licensed pursuant to this chapter, or develop…
   • § 3702.7 The respiratory care practice is further defined and includes, but is not limited to, the following: (a) Mechanical or physiological ventilatory support as…
   • § 3703 (a) The settings in which respiratory care may be practiced include licensed health care facilities, hospitals, clinics, ambulatory or home health care,…
   • § 3704 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…
   • § 3705 Nothing in this chapter shall be construed as authorizing a respiratory care practitioner to practice medicine, surgery, or any other form of healing, except…
   • § 3706 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…
2. ARTICLE 2. Administration §§ 3710–3722 · 13 sections

   • § 3710 (a) The Respiratory Care Board of California, hereafter referred to as the board, shall enforce and administer this chapter. (b) This section shall remain in…
   • § 3710.1 Protection of the public shall be the highest priority for the Respiratory Care Board of California in exercising its licensing, regulatory, and disciplinary…
   • § 3711 The members of the board shall be the following: one physician and surgeon, four respiratory care practitioners, each of whom shall have practiced respiratory…
   • § 3712 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…
   • § 3713 (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…
   • § 3715 Each member of the board shall receive a per diem and expenses as provided in Section 103.
   • § 3716 (a) The board may employ an executive officer exempt from civil service and, subject to the provisions of law relating to civil service, clerical assistants…
   • § 3717 (a) The board, or any licensed respiratory care practitioner, enforcement staff, or investigative unit appointed by the board, may inspect, or require reports…
   • § 3718 The board shall issue, deny, suspend, and revoke licenses to practice respiratory care as provided in this chapter.
   • § 3719 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…
   • § 3719.5 The board may require successful completion of one or more professional courses offered by the board, the American Association for Respiratory Care, or the…
   • § 3720 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…
   • § 3722 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. ARTICLE 3. Certification of Practitioners §§ 3730–3739 · 5 sections

   • § 3730 (a) 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…
   • § 3731 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…
   • § 3732 (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…
   • § 3735 (a) Except as otherwise provided in this chapter, an applicant shall not receive a license under this chapter without first successfully passing the National…
   • § 3739 (a) 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…
4. ARTICLE 4. Education Standards §§ 3740–3742 · 3 sections

   • § 3740 (a) Except as otherwise provided in this chapter, all applicants for licensure under this chapter shall have completed an education program for respiratory…
   • § 3741 (a) During the period of any clinical training, respiratory care services may be rendered by a student enrolled in an approved respiratory care training…
   • § 3742 During the period of any clinical training, a student respiratory care practitioner shall be under the direct supervision of a person holding a valid, current,…
5. ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates §§ 3750–3759 · 24 sections

   • § 3750 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…
   • § 3750.5 In addition to any other grounds specified in this chapter, the board may deny, suspend, place on probation, or revoke the license of any applicant or…
   • § 3750.51 (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…
   • § 3750.6 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…
   • § 3751 (a) A person whose license has been revoked, surrendered, or suspended, or placed on probation, may petition the board for reinstatement, modification, or…
   • § 3751.5 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…
   • § 3752 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…
   • § 3752.5 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…
   • § 3752.6 For purposes of Division 1.5 (commencing with Section 475), and this chapter, a crime involving sexual misconduct or attempted sexual misconduct, whether or…
   • § 3752.7 Notwithstanding Section 3750, any proposed decision or decision issued under this chapter in accordance with the procedures set forth in Chapter 5 (commencing…
   • § 3753 The procedure in all matters and proceedings relating to the denial, suspension, or revocation of licenses under this chapter shall be governed by the…
   • § 3753.1 (a) An administrative disciplinary decision imposing terms of probation may include, among other things, a requirement that the licensee-probationer pay the…
   • § 3753.5 (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…
   • § 3753.7 For purposes of this chapter, costs of prosecution shall include attorney general or other prosecuting attorney fees, expert witness fees, and other…
   • § 3754 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…
   • § 3754.5 The board shall initiate action against any licensee who obtains a license by fraud or misrepresentation. The board shall take action against any licensee…
   • § 3754.8 The expiration, cancellation, forfeiture, or suspension of a license, practice privilege, or other authority to practice respiratory care by operation of law…
   • § 3755 (a) The board may take action against a respiratory care practitioner who is charged with unprofessional conduct in administering, or attempting to administer,…
   • § 3756 (a) A respiratory care practitioner who provides respiratory care may be ordered to undergo a professional competency examination approved by the board if,…
   • § 3757 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…
   • § 3758 (a) Any employer of a respiratory care practitioner shall report to the Respiratory Care Board of California any leave, resignation, suspension, or termination…
   • § 3758.5 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…
   • § 3758.6 (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…
   • § 3759 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.
6. ARTICLE 6. Offenses and Enforcement §§ 3760–3769.3 · 11 sections

   • § 3760 (a) Except as otherwise provided in this chapter, no person shall engage in the practice of respiratory care, respiratory therapy, or inhalation therapy. For…
   • § 3760.5 The board shall share all complaints and information related to investigations involving a person licensed pursuant to Chapter 6.5 (commencing with Section…
   • § 3761 (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…
   • § 3762 Nothing in this chapter is intended to limit, preclude, or otherwise interfere with the practices of other licensed personnel in carrying out authorized and…
   • § 3763 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)…
   • § 3764 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…
   • § 3765 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…
   • § 3766 (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…
   • § 3767 (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…
   • § 3768 (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…
   • § 3769.3 (a) Notwithstanding any other provision, the board may, by stipulation with the affected licensee, issue a public reprimand, after it has conducted an…
7. ARTICLE 7. Fiscal Administration §§ 3770–3779 · 12 sections

   • § 3770 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…
   • § 3771 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…
   • § 3772 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…
   • § 3773 (a) At the time of application for renewal of a respiratory care practitioner license, the licensee shall notify the board of all of the following: (1) Whether…
   • § 3774 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…
   • § 3775 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…
   • § 3775.5 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.
   • § 3775.6 (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…
   • § 3776 (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)…
   • § 3777 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…
   • § 3778 Notwithstanding any other provision of law, the board may contract with a collection service for the purpose of collecting outstanding fees, fines, or cost…
   • § 3779 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…