reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.2 - Naturopathic Doctors Act › ARTICLE 6 - Offenses and Enforcement › Section 3660.

3660. Except as provided in subdivision (h) of Section 3644, a person shall have a valid, unrevoked, or unsuspended license issued under this chapter to do any of the following:
(a) To claim to be a naturopathic doctor, licensed naturopathic doctor, doctor of naturopathic medicine, doctor of naturopathy, or naturopathic medical doctor.
(b) To use the professional designation “N.D.” or other titles, words, letters, or symbols with the intent to represent that he or she practices, is authorized to practice, or is able to practice naturopathic medicine as a naturopathic doctor.
(Amended by Stats. 2017, Ch. 600, Sec. 11. (SB 796) Effective January 1, 2018. Repealed as of January 1, 2027, pursuant to Section 3686.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.2 - Naturopathic Doctors Act › ARTICLE 6 - Offenses and Enforcement › Section 3661.

3661. A naturopathic doctor who uses the term or designation “Dr.” shall further identify himself or herself as “Naturopathic Doctor,” “Licensed Naturopathic Doctor,” “Doctor of Naturopathic Medicine,” or “Doctor of Naturopathy” and shall not use any term or designation that would tend to indicate the practice of medicine, other than naturopathic medicine, unless otherwise licensed as a physician and surgeon, osteopathic doctor, or doctor of chiropractic.
(Added by Stats. 2003, Ch. 485, Sec. 5. Effective January 1, 2004. Repealed as of January 1, 2027, pursuant to Section 3686.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.2 - Naturopathic Doctors Act › ARTICLE 6 - Offenses and Enforcement › Section 3662.

3662. It shall constitute unprofessional conduct for a naturopathic doctor to violate, attempt to violate, assist in the violation of, or conspire to violate, any provision or term of this chapter or any regulation adopted under it.
(Added by Stats. 2003, Ch. 485, Sec. 5. Effective January 1, 2004. Repealed as of January 1, 2027, pursuant to Section 3686.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.2 - Naturopathic Doctors Act › ARTICLE 6 - Offenses and Enforcement › Section 3663.

3663. (a) The committee shall have the responsibility for reviewing the quality of the practice of naturopathic medicine carried out by persons licensed as naturopathic doctors pursuant to this chapter.
(b) The committee may discipline a naturopathic doctor for unprofessional conduct. After a hearing conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), the committee may deny, suspend, revoke, or place on probation the license of, or reprimand, censure, or otherwise discipline a naturopathic doctor in accordance with Division 1.5 (commencing with Section 475).
(Amended by Stats. 2010, Ch. 143, Sec. 5. (SB 1050) Effective January 1, 2011. Repealed as of January 1, 2027, pursuant to Section 3686.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.2 - Naturopathic Doctors Act › ARTICLE 6 - Offenses and Enforcement › Section 3663.5.

3663.5. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the committee shall require a licensee to provide a separate disclosure that includes the licensee’s probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the committee, the committee’s telephone number, and an explanation of how the patient can find further information on the licensee’s probation on the licensee’s profile page on the committee’s online license information Internet Web site, to a patient or the patient’s guardian or health care surrogate before the patient’s first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.
(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patient’s guardian or health care surrogate, a separate, signed copy of that disclosure.
(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:
(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.
(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.
(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.
(4) The licensee does not have a direct treatment relationship with the patient.
(d) On and after July 1, 2019, the committee shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensee’s profile page on the committee’s online license information Internet Web site.
(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.
(2) For probation imposed by an adjudicated decision of the committee, the causes for probation stated in the final probationary order.
(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.
(4) The length of the probation and end date.
(5) All practice restrictions placed on the license by the committee.
(e) A violation of this section shall not be punishable as a crime.
(Added by Stats. 2018, Ch. 570, Sec. 6. (SB 1448) Effective January 1, 2019. Repealed as of January 1, 2027, pursuant to Section 3686.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.2 - Naturopathic Doctors Act › ARTICLE 6 - Offenses and Enforcement › Section 3664.

3664. A person who violates Section 3660 or 3661 is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than five thousand dollars ($5,000), or by imprisonment of not more than one year in a county jail, or by both that fine and imprisonment.
(Added by Stats. 2003, Ch. 485, Sec. 5. Effective January 1, 2004. Repealed as of January 1, 2027, pursuant to Section 3686.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.2 - Naturopathic Doctors Act › ARTICLE 7 - Naturopathic Corporations › Section 3670.

3670. A naturopathic corporation is a corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations Code, if the corporation and its shareholders, officers, directors, and employees rendering professional services who are naturopathic doctors are in compliance with the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), this chapter, and all other statutes and regulations now or hereafter enacted or adopted pertaining to that corporation and the conduct of its affairs. With respect to a naturopathic corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the committee.
(Amended by Stats. 2009, 4th Ex. Sess., Ch. 18, Sec. 34. (AB 20 4x) Effective October 23, 2009. Repealed as of January 1, 2027, pursuant to Section 3686.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.2 - Naturopathic Doctors Act › ARTICLE 7 - Naturopathic Corporations › Section 3671.

3671. A naturopathic corporation shall not engage in any conduct that constitutes unprofessional conduct. In the conduct of its practice, the naturopathic corporation shall comply with statutes and regulations to the same extent as an individual holding a license under this chapter.
(Added by Stats. 2003, Ch. 485, Sec. 5. Effective January 1, 2004. Repealed as of January 1, 2027, pursuant to Section 3686.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.2 - Naturopathic Doctors Act › ARTICLE 7 - Naturopathic Corporations › Section 3672.

3672. The income of a naturopathic corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in Section 13401 of the Corporations Code, shall not in any manner accrue to the benefit of the shareholder or his or her shares in the naturopathic corporation.
(Added by Stats. 2003, Ch. 485, Sec. 5. Effective January 1, 2004. Repealed as of January 1, 2027, pursuant to Section 3686.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.2 - Naturopathic Doctors Act › ARTICLE 7 - Naturopathic Corporations › Section 3673.

3673. Except as provided in Section 13403 of the Corporations Code, each director, shareholder, and officer of a naturopathic corporation, except an assistant secretary and an assistant treasurer, shall be a licensed person as defined by Section 13401 of the Corporations Code.
(Added by Stats. 2003, Ch. 485, Sec. 5. Effective January 1, 2004. Repealed as of January 1, 2027, pursuant to Section 3686.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.2 - Naturopathic Doctors Act › ARTICLE 7 - Naturopathic Corporations › Section 3674.

3674. The name of a naturopathic corporation and any name or names under which it may render professional services, shall contain the words “naturopathic” or “naturopathic doctor” and, as appropriate, wording or abbreviations denoting its status as a corporation.
(Added by Stats. 2003, Ch. 485, Sec. 5. Effective January 1, 2004. Repealed as of January 1, 2027, pursuant to Section 3686.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.2 - Naturopathic Doctors Act › ARTICLE 7 - Naturopathic Corporations › Section 3675.

3675. The committee may adopt and enforce regulations to carry out the purposes and objectives of this article, including, but not limited to, regulations requiring the following:
(a) That the bylaws of a naturopathic corporation include a provision whereby the capital stock of the corporation owned by a disqualified person, as defined in Section 13401 of the Corporations Code, or a deceased person, shall be sold to the corporation or to the remaining shareholders of the corporation within any time as the regulations may provide.
(b) That a naturopathic corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services.
(Amended by Stats. 2009, 4th Ex. Sess., Ch. 18, Sec. 35. (AB 20 4x) Effective October 23, 2009. Repealed as of January 1, 2027, pursuant to Section 3686.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.2 - Naturopathic Doctors Act › ARTICLE 8 - Fiscal Administration › Section 3680.

3680. (a) The application fee for a doctor of naturopathic medicine shall be no more than five hundred dollars ($500) and may be increased to not more than six hundred dollars ($600).
(b) The initial license fee shall be one thousand dollars ($1,000) and may be increased to not more than one thousand two hundred dollars ($1,200).
(c) The renewal fee for a license shall be one thousand dollars ($1,000) and may be increased to not more than one thousand two hundred dollars ($1,200).
(d) The late renewal fee for a license shall be two hundred twenty-five dollars ($225).
(e) The fee for processing fingerprint cards shall be the current fee charged by the Department of Justice.
(f) The fee for a duplicate or replacement license shall be thirty-eight dollars ($38).
(g) The fee for a certified license verification shall be thirty dollars ($30).
(Amended by Stats. 2018, Ch. 571, Sec. 19. (SB 1480) Effective January 1, 2019. Repealed as of January 1, 2027, pursuant to Section 3686.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.2 - Naturopathic Doctors Act › ARTICLE 8 - Fiscal Administration › Section 3681.

3681. (a) All fees collected by the committee shall be paid into the State Treasury and shall be credited to the Naturopathic Doctor’s Fund which is hereby created in the State Treasury. The money in the fund shall be available to the committee for expenditure for the purposes of this chapter only upon appropriation by the Legislature.
(b) Notwithstanding subdivision (a), all money other than revenue described in Section 207 received and credited to the Naturopathic Doctor’s Fund in the 2003–04 fiscal year is hereby appropriated to the committee for the purpose of implementing this chapter.
(Amended by Stats. 2009, 4th Ex. Sess., Ch. 18, Sec. 37. (AB 20 4x) Effective October 23, 2009. Repealed as of January 1, 2027, pursuant to Section 3686.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.2 - Naturopathic Doctors Act › ARTICLE 9 - Miscellaneous Provisions › Section 3685.

3685. Notwithstanding any other law, the repeal of this chapter renders the committee subject to review by the appropriate policy committees of the Legislature.
(Amended by Stats. 2013, Ch. 516, Sec. 19. (SB 305) Effective January 1, 2014. Repealed as of January 1, 2027, pursuant to Section 3686.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.2 - Naturopathic Doctors Act › ARTICLE 9 - Miscellaneous Provisions › Section 3686.

3686. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.
(Amended by Stats. 2022, Ch. 414, Sec. 9. (AB 2685) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Chapter 8.2, commencing with Section 3610.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 1 - General Provisions › Section 3700.

3700. This chapter may be cited as the “Respiratory Care Practice Act.”
(Added by Stats. 1982, Ch. 1344, Sec. 1. Operative July 1, 1983, by Sec. 3 of Ch. 1344.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 1 - General Provisions › Section 3701.

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 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.
(b) 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.
(c) For purposes of this section, it is the intent of the Legislature that “overlapping functions” includes, but is not limited to, providing therapy, management, rehabilitation, diagnostic evaluation, and care for nonrespiratory-related diagnoses or conditions provided (1) a health care facility has authorized the respiratory care practitioner to provide these services and (2) the respiratory care practitioner has maintained current competencies in the services provided, as needed.
(Amended by Stats. 2015, Ch. 247, Sec. 1. (SB 525) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 1 - General Provisions › Section 3702.

3702. (a) 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:
(1) Direct and indirect pulmonary care services that are safe, aseptic, preventive, and restorative to the patient.
(2) 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.
(3) Observation and monitoring of signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing and (A) determination of whether such signs, symptoms, reactions, behavior, or general response exhibits abnormal characteristics; (B) 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.
(4) 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.
(5) The transcription and implementation of the written and verbal orders of a physician and surgeon pertaining to the practice of respiratory care.
(b) As used in this section, the following apply:
(1) “Associated aspects of cardiopulmonary and other systems functions” includes patients with deficiencies and abnormalities affecting the heart and cardiovascular system.
(2) “Respiratory care protocols” 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.
(Amended by Stats. 2015, Ch. 247, Sec. 2. (SB 525) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 1 - General Provisions › Section 3702.5.

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 standardized procedures or protocols pursuant to this chapter, unless authorized by this chapter or specifically required by state or federal statute. The board may adopt regulations to further define, interpret, or identify all of the following:
(a) Basic respiratory tasks and services that do not require a respiratory assessment and only require manual, technical skills, or data collection.
(b) Intermediate respiratory tasks, services, and procedures that require formal respiratory education and training.
(c) Advanced respiratory tasks, services, and procedures that require supplemental education, training, or additional credentialing consistent with national standards, as applicable.
(Added by Stats. 2018, Ch. 180, Sec. 1. (SB 1003) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 1 - General Provisions › Section 3702.7.

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 used in paragraph (4) of subdivision (a) 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.
(b) Administration of medical gases and pharmacological agents for the purpose of inducing conscious or deep sedation under physician and surgeon supervision and the direct orders of the physician and surgeon performing the procedure.
(c) All forms of extracorporeal life support, including, but not limited to, extracorporeal membrane oxygenation (ECMO) and extracorporeal carbon dioxide removal (ECCO2R).
(d) Educating students, health care professionals, or consumers about respiratory care, including, but not limited to, education of respiratory core courses or clinical instruction provided as part of a respiratory educational program and educating health care professionals or consumers about the operation or application of respiratory care equipment and appliances.
(e) The treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders as provided in Chapter 7.8 (commencing with Section 3575).
(Amended by Stats. 2015, Ch. 247, Sec. 3. (SB 525) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 1 - General Provisions › Section 3703.

3703. (a) The settings in which respiratory care may be practiced include licensed health care facilities, hospitals, clinics, ambulatory or home health care, physicians’ offices, nurse practitioners’ 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.
(Amended by Stats. 2022, Ch. 413, Sec. 21. (AB 2684) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 1 - General Provisions › Section 3704.

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 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.
(f) “State agency” includes every state office, officer, department, division, bureau, board, authority, and commission.
(Amended by Stats. 2018, Ch. 180, Sec. 2. (SB 1003) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 1 - General Provisions › Section 3705.

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 as authorized by this chapter.
(Added by Stats. 1982, Ch. 1344, Sec. 1. Operative July 1, 1983, by Sec. 3 of Ch. 1344.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 1 - General Provisions › Section 3706.

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 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.
(Amended by Stats. 1991, Ch. 654, Sec. 8.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 2 - Administration › Section 3710.

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 effect only until January 1, 2027, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
(Amended by Stats. 2022, Ch. 624, Sec. 3. (SB 1436) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 2 - Administration › Section 3710.1.

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 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 by Stats. 2002, Ch. 107, Sec. 16. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 2 - Administration › Section 3711.

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 care and four public members who shall not be licensed by the board.
(Amended by Stats. 1998, Ch. 991, Sec. 11. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 2 - Administration › Section 3712.

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 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.
(Amended by Stats. 1998, Ch. 991, Sec. 12. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 2 - Administration › Section 3713.

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 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.
(Amended by Stats. 1998, Ch. 991, Sec. 13.5. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 2 - Administration › Section 3715.

3715. Each member of the board shall receive a per diem and expenses as provided in Section 103.
(Amended by Stats. 1994, Ch. 1274, Sec. 3.5. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 2 - Administration › Section 3716.

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 and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties.
(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
(Amended by Stats. 2022, Ch. 624, Sec. 4. (SB 1436) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 2 - Administration › Section 3717.

3717. (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.
(Amended by Stats. 2002, Ch. 1150, Sec. 24. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 2 - Administration › Section 3718.

3718. The board shall issue, deny, suspend, and revoke licenses to practice respiratory care as provided in this chapter.
(Amended by Stats. 2002, Ch. 1150, Sec. 25. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 2 - Administration › Section 3719.

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 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.
(Amended by Stats. 1998, Ch. 553, Sec. 2. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 2 - Administration › Section 3719.5.

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 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 by Stats. 2004, Ch. 695, Sec. 23. Effective January 1, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 2 - Administration › Section 3720.

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 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.
(Amended by Stats. 1994, Ch. 1274, Sec. 5. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 2 - Administration › Section 3722.

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 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 1994, Ch. 1274, Sec. 5.5. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 3 - Certification of Practitioners › Section 3730.

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 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.
(Amended by Stats. 2014, Ch. 179, Sec. 1. (AB 1972) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 3 - Certification of Practitioners › Section 3731.

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 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.
(Amended by Stats. 1994, Ch. 1274, Sec. 7. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 3 - Certification of Practitioners › Section 3732.

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 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.
(Amended by Stats. 2003, Ch. 586, Sec. 7. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 3 - Certification of Practitioners › Section 3735.

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 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.
(Amended by Stats. 2018, Ch. 703, Sec. 26. (SB 1491) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 3 - Certification of Practitioners › Section 3739.

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 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.
(Amended by Stats. 2014, Ch. 179, Sec. 4. (AB 1972) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 4 - Education Standards › Section 3741.

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 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.”
(Amended by Stats. 1989, Ch. 645, Sec. 5.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 8.3 - Respiratory Therapy › ARTICLE 4 - Education Standards › Section 3742.

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, and unrestricted 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.
(Amended by Stats. 2012, Ch. 799, Sec. 19. (SB 1575) Effective January 1, 2013.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)