reglab/housing_qa huggingface dataset:
CA Bus & Prof Code § 3750.5 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3750.5.

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 licenseholder who has done any of the following:(a) Obtained, possessed, used, or administered to himself or herself in violation of law, 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, except as directed by a licensed physician and surgeon, dentist, podiatrist, or other authorized health care provider, or illegally possessed any associated paraphernalia.(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 of this code, or alcoholic beverages, to an extent or in a manner dangerous or injurious to himself or herself, or to others, or that impaired his or her ability to conduct with safety the practice authorized by his or her license.(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).(Amended by Stats. 2012, Ch. 799, Sec. 21. (SB 1575) Effective January 1, 2013.)
CA Bus & Prof Code § 3750.51 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3750.51.

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 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 licensee 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. (Amended by Stats. 2001, Ch. 617, Sec. 3. Effective January 1, 2002.)
CA Bus & Prof Code § 3750.6 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3750.6.

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 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.(Amended by Stats. 2003, Ch. 586, Sec. 12. Effective January 1, 2004.)
CA Bus & Prof Code § 3751.5 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3751.5.

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 three years has elapsed from the date of the denial.(Added by Stats. 1994, Ch. 1274, Sec. 19.5. Effective January 1, 1995.)
CA Bus & Prof Code § 3752 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3752.

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 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.(Amended by Stats. 1994, Ch. 1274, Sec. 19.7. Effective January 1, 1995.)
CA Bus & Prof Code § 3752.5 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3752.5.

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 crime substantially related to the qualifications, functions, or duties of a respiratory care practitioner.(Added by Stats. 1987, Ch. 839, Sec. 9.)
CA Bus & Prof Code § 3752.6 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3752.6.

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 not with a patient, shall be considered a crime substantially related to the qualifications, functions, or duties of a respiratory care practitioner.(Added by Stats. 1992, Ch. 1289, Sec. 29. Effective January 1, 1993.)
CA Bus & Prof Code § 3752.7 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3752.7.

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 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 by Stats. 1994, Ch. 1274, Sec. 20. Effective January 1, 1995.)
CA Bus & Prof Code § 3753 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3753.

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 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).(Amended by Stats. 1991, Ch. 654, Sec. 29.)
CA Bus & Prof Code § 3753.1 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3753.1.

3753.1.  (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.(Amended by Stats. 2002, Ch. 1150, Sec. 31. Effective January 1, 2003.)
CA Bus & Prof Code § 3753.5 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3753.5.

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 applicant found to have committed a violation or violations of law or any term and condition of board probation 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.(Amended by Stats. 2009, Ch. 308, Sec. 40. (SB 819) Effective January 1, 2010.)
CA Bus & Prof Code § 3753.7 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3753.7.

3753.7.  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 by Stats. 1993, Ch. 1069, Sec. 2. Effective January 1, 1994.)
CA Bus & Prof Code § 3754 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3754.

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 decision made after a hearing, as provided in Section 3753.(Amended by Stats. 1994, Ch. 1274, Sec. 21.5. Effective January 1, 1995.)
CA Bus & Prof Code § 3754.5 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3754.5.

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 whose license was issued by mistake.(Amended by Stats. 1994, Ch. 1274, Sec. 21.7. Effective January 1, 1995.)
CA Bus & Prof Code § 3754.8 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3754.8.

3754.8.  The expiration, cancellation, forfeiture, or suspension of a license, practice privilege, or other authority to practice respiratory care by operation of law or by order or decision of the board or a court of law, the placement of a license on a retired status, or the voluntary surrender of the license by a licensee shall not deprive the board of jurisdiction to commence or proceed with any investigation of, or action or disciplinary proceeding against, the licensee, or to render a decision to suspend or revoke the license.(Added by Stats. 2016, Ch. 253, Sec. 2. (AB 923) Effective January 1, 2017.)
CA Bus & Prof Code § 3755 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3755.

3755.  (a) The board may take action against a respiratory care practitioner who is charged with unprofessional conduct in administering, or attempting to administer, direct or indirect respiratory care in any care setting. Unprofessional conduct includes, but is not limited to, the following:(1) Repeated acts of clearly administering directly or indirectly inappropriate respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques.(2) Any act of administering unsafe respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques.(3) Any act of abuse towards a patient.(4) A violation of any provision of Section 3750.(b) The board may determine unprofessional conduct involving any and all aspects of respiratory care performed by anyone licensed as a respiratory care practitioner.(c) 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.(Amended by Stats. 2016, Ch. 253, Sec. 3. (AB 923) Effective January 1, 2017.)
CA Bus & Prof Code § 3757 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3757.

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 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.(Amended by Stats. 1994, Ch. 1274, Sec. 23.5. Effective January 1, 1995.)
CA Bus & Prof Code § 3758 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3758.

3758.  (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 by Stats. 1998, Ch. 553, Sec. 4. Effective January 1, 1999.)
CA Bus & Prof Code § 3758.5 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3758.5.

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 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 by Stats. 1998, Ch. 553, Sec. 5. Effective January 1, 1999.)
CA Bus & Prof Code § 3758.6 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3758.6.

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 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.(Amended by Stats. 2002, Ch. 1150, Sec. 32. Effective January 1, 2003.)
CA Bus & Prof Code § 3759 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 5 - Suspension, Revocation, and Reinstatement of Certificates|Section 3759.

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.(Added by Stats. 1998, Ch. 553, Sec. 7. Effective January 1, 1999.)
CA Bus & Prof Code § 3760 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 6 - Offenses and Enforcement|Section 3760.

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 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.(Amended by Stats. 2003, Ch. 586, Sec. 14. Effective January 1, 2004.)
CA Bus & Prof Code § 3761 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 6 - Offenses and Enforcement|Section 3761.

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 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.(Amended by Stats. 2003, Ch. 586, Sec. 15. Effective January 1, 2004.)
CA Bus & Prof Code § 3762 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 2 - HEALING ARTS|CHAPTER 8.3 - Respiratory Therapy|ARTICLE 6 - Offenses and Enforcement|Section 3762.

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 customary duties and functions.(Amended by Stats. 1994, Ch. 1274, Sec. 25. Effective January 1, 1995.)