Article 3 - Certification of Practitioners

California Business and Professions Code — §§ 3730-3739

Sections (5)

Amended by Stats. 2014, Ch. 179, Sec. 1. (AB 1972) Effective January 1, 2015.

(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 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.”

(b)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 one or more

examinations.

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

§ 3731

Amended by Stats. 1994, Ch. 1274, Sec. 7. Effective January 1, 1995.

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.

§ 3732

Amended by Stats. 2003, Ch. 586, Sec. 7. Effective January 1, 2004.

(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, 3752.6, 3755, 3757, 3760, and 3761.

§ 3735

Amended by Stats. 2018, Ch. 703, Sec. 26. (SB 1491) Effective January 1, 2019.

(a)Except as otherwise provided in this chapter, an applicant shall not receive a license under this chapter without first successfully passing the National Board for Respiratory Care’s Therapist Multiple-Choice Examination, at the cut-off level required to qualify for the Clinical Simulation Examination, and the Clinical Simulation Examination, or any succeeding examinations.

(b)Notwithstanding subdivision (a), any person applying for licensure who provides evidence that he or she passed the national Certified Respiratory Therapist Examination or Written Registry Examination prior to January 1, 2015, shall be deemed to have met the examination requirement of subdivision (a), provided there is no evidence of prior license or job-related discipline, as determined by

the board in its discretion.

§ 3739

Amended by Stats. 2014, Ch. 179, Sec. 4. (AB 1972) Effective January 1, 2015.

(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 the board, perform as a respiratory care practitioner applicant under the direct supervision of a respiratory care practitioner licensed in this state if he or she has met education requirements for licensure as may be certified by his or her respiratory care program.

(b)The board may extend the dates an applicant may perform as a respiratory care practitioner applicant under either of the following circumstances:

(1)When the applicant is unable to complete the

licensure application due to causes completely outside his or her control.

(2)When the applicant provides evidence that he or she has successfully passed the national certified respiratory therapist examination, and the applicant has otherwise completed the application for licensure process and has not previously been authorized to practice as a respiratory care practitioner applicant under this subdivision.

(c)Authorization to practice as a respiratory care practitioner applicant pursuant to paragraph (2) of subdivision (b) shall not exceed six months from the date of graduation or the date the application was filed, whenever is later.

(d)During this period the applicant shall identify himself or herself only as a “respiratory care practitioner applicant.”

(e)If for any reason the license is not issued, all privileges under subdivision (a) shall automatically cease on the date specified by the board.

(f)This section shall not be construed to prohibit the board from denying or rescinding the privilege to work as a respiratory care practitioner applicant for any reason, including, but not limited to, failure to pass the registered respiratory therapist examination or if cause exists to deny the license.

(g)“Under the direct supervision” means assigned to a respiratory care practitioner who is on duty and immediately available in the assigned patient care area.