reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 1 - General Provisions › Section 1399.301 - Location of Office

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The principal office of the Respiratory Care Board of
				  California is located at 3750 Rosin Court, Suite 100, Sacramento, CA
				  95834.
1. Amendment
				  filed 12-17-91; operative 1-16-92 (Register 92, No. 10).
2. Change
				  without regulatory effect amending section filed 11-30-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 48).
3. Amendment filed 4-22-2004;
				  operative 5-22-2004 (Register 2004, No. 17).
4. Amendment filed
				  5-25-2012; operative 6-24-2012 (Register 2012, No. 21).
5. Amendment
				  filed 4-9-2015; operative 7-1-2015 (Register 2015, No.
				  15).
Note: Authority cited: Section
					 3722,
					 Business and Professions Code. Reference: Section
					 3722,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 1 - General Provisions › Section 1399.302 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the context otherwise requires, the following
				  definitions shall apply:
(a) "Board"
				means the Respiratory Care Board of California.
(b) "B&P" means the Business and
				Professions Code.
(c) "Act" means
				the Respiratory Care Practice Act.
(d) "Direct Supervision" means assigned to a
				currently licensed respiratory care practitioner who is on duty and immediately
				available in the assigned patient area.
(e) "Employer" means any company,
				corporation, partnership, health maintenance organization, registry, staffing
				agent or agency, or any other entity or person that employs or contracts with,
				one or more respiratory care practitioners, unlicensed personnel or any person,
				to provide respiratory care services as provided in the Act.
(f) "Licensed Home Care Employer" means a
				Home Medical Device Retail Facility, Home Health Agency, or any home care
				provider licensed by the California Department of Public Health, the Department
				of Health Care Services or their successors.
(g) "Regulations" means division 13.6 of
				title 16 of the California Code of Regulations.
(h) "Unlicensed Personnel" means any
				individual who is not otherwise exempt, or who does not hold a valid and
				current license issued by the board.
1. Change
				  without regulatory effect amending subsection (a) filed 10-22-92 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 92, No. 43).
2. Change without regulatory
				  effect amending section filed 11-30-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 48).
3. Amendment of subsection (b)
				  and new subsection (d) filed 6-9-97; operative 7-9-97 (Register 97, No.
				  24).
4. New subsections (e) and (f) filed 4-21-2003; operative
				  5-21-2003 (Register 2003, No. 17).
5. Amendment of subsection (e),
				  new subsection (f), subsection relettering and new subsection (h) filed
				  2-14-2007; operative 3-16-2007 (Register 2007, No. 7).
6. Amendment
				  of subsections (b) and (e)-(h) and amendment of NOTE filed 5-25-2012; operative
				  6-24-2012 (Register 2012, No. 21).
Note: Authority cited: Section
					 3722,
					 Business and Professions Code. Reference: Sections
					 3704,
					 3717,
					 3722,
					 3739,
					 3742,
					 3758,
					 3758.6,
					 3760,
					 3761,
					 3767,
					 3773
					 and
					 3777,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 1 - General Provisions › Section 1399.303 - Delegation of Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Except for those powers reserved exclusively for the "agency itself" under the
				Administrative Procedure Act (Section
				11500 et seq. of the Government
				Code), the board delegates and confers upon the executive officer of the board,
				or in his or her absence, the president of the board, the power and discretion
				to prepare, receive and file accusations, statements of issues and stipulated
				settlements; issue notices of hearings and statements to respondents; receive
				and file notices of defense and proposed and final decisions; determine the
				time and place of hearings under section
				11508 of
				the Government Code; issue subpoenas and subpoenas duces tecum; calendar cases
				for hearing; prepare and file, proposed default decisions; adopt stipulated
				settlements where an action to revoke the license has been filed, and the
				respondent agrees to surrender his or her license, and perform other functions
				necessary to the businesslike dispatch of the business of the board in
				connection with proceedings under the provisions of sections
				11500
				through
				11528 of
				the Government Code, prior to the hearing of such proceedings; and the
				certification and delivery or mailing of copies of decisions under section
				11518 of said code.
(b) The executive officer is further
				authorized to investigate and evaluate each applicant for licensure under the
				Act, and to issue or deny a license in conformance with the provisions of the
				B&P, the Act, this chapter, and disciplinary guidelines.
1. New section
				  filed 9-9-85; effective thirtieth day thereafter (Register 85, No.
				  37).
2. Change without regulatory effect amending section filed
				  11-30-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 48).
3. Amendment of subsection (b)
				  filed 11-25-97; operative 11-25-97 pursuant to Government Code section
				  11343.4(d)
				  (Register 97, No. 48).
4. Amendment filed 5-25-2012; operative
				  6-24-2012 (Register 2012, No. 21).
Note: Authority cited: Section
					 3722,
					 Business and Professions Code. Reference: Sections
					 3716
					 and
					 3753,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 1 - General Provisions › Section 1399.304 - Filing of Address

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each person holding a license as a respiratory care
				  practitioner or any person with an application for licensure pending, shall
				  file, in writing, with the board his or her proper and current mailing address,
				  and shall give written notice within 14 days, to the board at its Sacramento
				  office of any and all changes of address, giving both the old and new
				  address.
1. Amendment
				  filed 12-17-91; operative 1-16-92 (Register 92, No. 10).
2. Change
				  without regulatory effect amending section filed 11-30-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 48).
3. Amendment filed 6-9-97;
				  operative 7-9-97 (Register 97, No. 24).
Note: Authority cited: Section
					 3722,
					 Business and Professions Code. Reference: Section
					 3774,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 1 - General Provisions › Section 1399.305 - Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The election of
				a president and vice president shall be held annually at the last
				regularly-scheduled meeting of the board during the calendar year. The
				newly-elected officers shall assume office on the first day of the calendar
				year following the election.
(b) In
				the case of a vacancy occurring in either of the offices, the vacancy may be
				filled at any regular or specially-called meeting. The member filling the
				vacancy shall serve the remainder of the one year term.
1. New section
				  filed 9-30-85; effective thirtieth day thereafter (Register 85, No.
				  40).
2. Change without regulatory effect amending section filed
				  11-30-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 48).
Note: Authority cited: Section
					 3722,
					 Business and Professions Code. Reference: Section
					 3712,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 2 - Applications › Section 1399.320 - Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Documentation
				related to the initial application process shall not be submitted more than 90
				days prior to the receipt of an initial application. If an application is not
				received within 90 days, the submitted material will be destroyed.
1. Notice of
				  Erroneous Filing filed 10-10-85 by OAL; purported adoption of Section
				  1399.320 filed in error on 9-30-85
				  is null and void (Register 85, No. 44).
2. New section filed 6-9-97;
				  operative 7-9-97 (Register 97, No. 24).
3. Amendment of section and
				  NOTE filed 5-25-2012; operative 6-24-2012 (Register 2012, No.
				  21).
Note: Authority cited: Section
					 3722,
					 Business and Professions Code. Reference: Sections
					 3730,
					 3732,
					 3733,
					 3735,
					 3735.5
					 and
					 3740,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 2 - Applications › Section 1399.321 - Abandonment of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each applicant shall have one year from the time his or her
				  initial application is received by the Board to meet licensure requirements and
				  complete the application and initial licensure process. If the application and
				  initial licensure process is not completed within the one-year period, the
				  application shall be deemed abandoned.
1. Notice of
				  Erroneous Filing filed 10-10-85 by OAL; purported adoption of Section
				  1399.321 filed in error on 9-30-85
				  is null and void (Register 85, No. 44).
2. New section filed 6-9-97;
				  operative 7-9-97 (Register 97, No. 24).
3. Amendment of section and
				  NOTE filed 4-22-2004; operative 5-22-2004 (Register 2004, No.
				  17).
Note: Authority cited: Sections
					 3722
					 and
					 3730,
					 Business and Professions Code. Reference: Sections
					 3730,
					 3732,
					 3735,
					 3735.3,
					 3735.5
					 and
					 3740,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 2 - Applications › Section 1399.326 - Driving Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall review the driving history for each applicant
				  as part of its investigation prior to licensure.
1. New section
				  filed 4-9-2015; operative 7-1-2015 (Register 2015, No. 15).
2.
				  Amendment filed 4-11-2022; operative 7-1-2022 (Register 2022, No. 15). Filing
				  deadline specified in Government Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order
				  N-71-20.
Note: Authority cited: Section
					 3722,
					 Business and Professions Code. Reference: Sections
					 3730
					 and
					 3732,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 2 - Applications › Section 1399.327 - Satisfactory Completion of Law and Professional Ethics Course Prerequisite to License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every applicant shall successfully complete a course in law
				  and professional ethics as provided in section
				  1399.352.7 of this division, prior
				  to initial licensure.
1. New section
				  filed 7-18-2005; operative 8-17-2005 (Register 2005, No.
				  29).
Note: Authority cited: Sections
					 3719.5
					 and
					 3722,
					 Business and Professions Code. Reference: Sections
					 3719.5
					 and
					 3730,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 2 - Applications › Section 1399.329 - Handling of Military Personnel and Military Spouse Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to
				subdivision (c) of section
				114.3 of the B&P, the Board
				shall prorate the renewal fee and the number of CE hours required in order for
				a licensee to engage in any activities requiring licensure, upon discharge from
				active duty service as a member of the United States Armed Forces or the
				California National Guard.
(b) The
				Board shall provide expedited handling of applications for licensure and
				renewal for military personnel and military spouses as provided in sections
				114,
				114.3,
				115.4, and
				115.5 of the B&P.
(c) Evidence of discharge from active duty or
				from the military shall be an order issued by the U.S. Armed Forces on a DD
				Form 214 or the National Guard on form NGB-22.
1. New section
				  filed 4-9-2015; operative 7-1-2015 (Register 2015, No. 15).
2.
				  Amendment of section heading, section and NOTE filed 4-11-2022; operative
				  7-1-2022 (Register 2022, No. 15). Filing deadline specified in Government Code
				  section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order
				  N-71-20.
Note: Authority cited: Sections
					 114.3,
					 115.4,
					 115.5
					 and
					 3722,
					 Business and Professions Code. Reference: Sections
					 114,
					 114.3,
					 114.5,
					 115,
					 115.4
					 and
					 115.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 3 - Education and Experience › Section 1399.330 - Education Waiver Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The board may waive the education
				requirements in section
				3740 of the B&P if an
				applicant for licensure
(1) Either
				successfully completed a minimum of a one-year respiratory care program
				supported by the Committee on Accreditation for Respiratory Care or its
				predecessor, prior to July 1, 2004 or previously held a license in good
				standing issued by the board and
(A) Holds a
				current valid license in good standing in another state, United States
				territory or Canadian province and has practiced respiratory care in that
				jurisdiction for a minimum of two years full time within the three years
				immediately preceding filing an application for licensure in this state;
				or
(B) Has practiced respiratory
				care in another state or United States territory, for a minimum of three years
				full time within the four years immediately preceding filing an application for
				licensure in this state, and that state or territory does not regulate the
				practice of respiratory care at the time the application for licensure is
				filed.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 3 - Education and Experience › Section 1399.331 - License Applicants-Education Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-11-97; operative 1-10-98 (Register 97, No. 50).
2. Repealer
				  filed 4-22-2004; operative 5-22-2004 (Register 2004, No.
				  17).
Note: Authority cited: Sections
					 3722
					 and
					 3740,
					 Business and Professions Code. Reference: Section
					 3740,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 3 - Education and Experience › Section 1399.333 - Educational Grade Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 1-23-97; operative 2-22-97 (Register 97, No. 4).
2. Repealer
				  filed 4-22-2004; operative 5-22-2004 (Register 2004, No.
				  17).
Note: Authority cited: Sections
					 3722,
					 3733
					 and
					 3740,
					 Business and Professions Code. Reference: Sections
					 3733
					 and
					 3740,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 4 - Sponsored Free Health Care Events - Exemption Requirements [Repealed] › Section 1399.340 - Failure on Examinations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
					 3722,
					 Business and Professions Code. Reference: Section
					 3739,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 4 - Sponsored Free Health Care Events - Exemption Requirements [Repealed] › Section 1399.343 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New article
				  4 (sections
				  1399.343-1399.346) and section
				  filed 4-9-2015; operative 7-1-2015 (Register 2015, No. 15). For prior history
				  of article 4 (section
				  1399.340), see Register 2012, No.
				  21.
2. Change without regulatory effect repealing article 4
				  (sections 1399.343-1399.346) and section
				  filed 8-7-2020 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2020, No. 32).
Note: Authority cited: Sections
					 901
					 and
					 3722,
					 Business and Professions Code. Reference: Section
					 901,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 4 - Sponsored Free Health Care Events - Exemption Requirements [Repealed] › Section 1399.344 - Sponsoring Entity Registration and Recordkeeping Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-9-2015; operative 7-1-2015 (Register 2015, No. 15).
2.
				  Change without regulatory effect amending subsections (a) and (b) filed
				  10-18-2016 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2016, No. 43).
3. Change without regulatory
				  effect repealing section filed 8-7-2020 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2020, No. 32).
Note: Authority cited: Sections
					 901
					 and
					 3722,
					 Business and Professions Code. Reference: Section
					 901,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 4 - Sponsored Free Health Care Events - Exemption Requirements [Repealed] › Section 1399.345 - Out-of-State Practitioner Authorization to Participate in Sponsored Event. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-9-2015; operative 7-1-2015 (Register 2015, No. 15).
2.
				  Change without regulatory effect repealing section filed 8-7-2020 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2020, No. 32).
Note: Authority cited: Sections
					 144,
					 901
					 and
					 3722,
					 Business and Professions Code. Reference: Section
					 901,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 4 - Sponsored Free Health Care Events - Exemption Requirements [Repealed] › Section 1399.346 - Termination of Authorization and Appeal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-9-2015; operative 7-1-2015 (Register 2015, No. 15).
2.
				  Change without regulatory effect repealing section filed 8-7-2020 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2020, No. 32).
Note: Authority cited: Sections
					 901
					 and
					 3722,
					 Business and Professions Code. Reference: Section
					 901,
					 Business and Professions Code; and Section
					 11445.10 et seq., Government
					 Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 5 - Continuing Education › Section 1399.349 - Continuing Education Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Continuing Education" means the variety of forms of learning
				  experiences, including, but not limited to, lectures, conferences, academic
				  studies, in-service education, institutes, seminars, home study, internet
				  courses, and workshops, taken by respiratory care practitioners (RCPs) for
				  licensure renewal. These learning experiences are meant to enhance the
				  knowledge of the RCP in the practice of respiratory care in direct and indirect
				  patient care. Continuing education does not include education or training
				  needed to become a licensed RCP.
1. New section
				  filed 4-22-2004; operative 5-22-2004 (Register 2004, No. 17).
2.
				  Amendment filed 8-10-2023; operative 10-1-2023 (Register 2023, No.
				  32).
Note: Authority cited: Sections
					 3719
					 and
					 3722,
					 Business and Professions Code. Reference: Sections
					 3719
					 and
					 3740,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 5 - Continuing Education › Section 1399.350 - Continuing Education Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each respiratory care practitioner (RCP)
				is required to complete 30 hours of approved continuing education (CE) every 2
				years. At least 25 of the 30 required CE hours shall be completed in the
				following content areas:
(1) A minimum of 10
				hours shall be directly related to RCP leadership, including effective
				communication in healthcare, training for educators who provide instruction in
				respiratory care practice as defined in Sections
				3702 and
				3702.7 of the B&P, or training
				in case management, health-care financial reimbursement, health care cost
				containment or health care management. Hours earned as part of a licensee's
				successful completion of the Law and Professional Ethics Course as provided in
				section 1399.350.5, and credit earned by a
				licensee for preceptor participation as provided in section
				1399.352.6 shall be considered
				qualifying RCP leadership hours and counted by the Board toward meeting the
				requirements of this subdivision in accordance with sections
				1399.350.5 or
				1399.352.6, as
				applicable.
(2) A minimum of 15
				hours shall be directly related to the clinical practice of respiratory care,
				including training on all activities involving the practice of respiratory care
				as defined in B&P sections
				3702 and
				3702.7. Hours earned as part of a
				licensee's successful completion of credentialing or certification examinations
				shall be considered qualifying CE and shall be counted by the Board toward
				meeting the requirements of this subdivision in accordance with section
				1399.351.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 5 - Continuing Education › Section 1399.350.5 - Law and Professional Ethics Course

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As part of required continuing education,
				every person licensed under this chapter shall successfully complete a course
				in law and professional ethics as provided in section
				1399.352.7 of this division,
				during every other license renewal cycle.
(b) Continuing education units earned in
				accordance with this section shall represent three units toward the RCP
				leadership requirements set forth in section
				1399.350(a)(1).
				However, the course may be taken for continuing education credit only once
				during any renewal period.
1. New section
				  filed 7-18-2005; operative 8-17-2005 (Register 2005, No. 29).
2.
				  Amendment of subsection (b) filed 8-10-2023; operative 10-1-2023 (Register
				  2023, No. 32).
Note: Authority cited: Sections
					 3719.5
					 and
					 3722,
					 Business and Professions Code. Reference: Sections
					 3719
					 and
					 3719.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 5 - Continuing Education › Section 1399.351 - Approved CE Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				course or program meeting the criteria set forth in this Article will be
				accepted by the board for CE credit.
(b) The Board shall approve 15 hours of
				continuing education (CE) credit for the award of any of the following initial
				credentials after successful completion of an examination given by the National
				Board for Respiratory Care:
(1) Adult
				Critical Care Specialist (ACCS);
(2) Certified Pulmonary Function Technologist
				(CPFT);
(3) Registered Pulmonary
				Function Technologist (RPFT);
(4)
				Neonatal/Pediatric Specialist (NPS);
(5) Sleep Disorders Specialist
				(SDS);
(6) Asthma Educator
				Specialist (AE-C) and,
(7)
				Registered Respiratory Therapist, if not required at the time of initial
				licensure pursuant to B&P section
				3735.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 5 - Continuing Education › Section 1399.352 - Criteria for Acceptability of Courses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Acceptable courses and programs shall meet the following
				  criteria:
(a) The content of the
				course or program shall be relevant to the scope of practice of respiratory
				care, including the content areas listed in section
				1399.350(a)(1)-(2).
				Credit may be given for a course that is related to the role of a health care
				practitioner or indirectly related to respiratory care if the content of the
				course or program relates to any of the following:
(1) Preventative health services and health
				promotion, including tobacco and smoking cessation counseling.
(2) Required abuse reporting.
(3) Other subject matter which is directed by
				legislation to be included in CE for licensed healing arts
				practitioners.
(4) Courses
				regarding the characteristics and method of assessment and treatment of
				acquired immune deficiency syndrome (AIDS).
(5) Courses in electronic systems used for
				purposes of medical billing or treatment of respiratory care
				patients.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 5 - Continuing Education › Section 1399.352.5 - CE Hours

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board will accept hours of approved CE as follows:
(a) The number of hours designated by those
				entities identified in subdivisions (h) or (i) of Section
				1399.352.
(b) Notwithstanding subdivision (a), one (1)
				academic quarter unit is equal to ten (10) CE hours and one (1) academic
				semester unit is equal to fifteen (15) CE hours.
(c) Providers may not grant partial credit
				for any CE course. Partial credit is defined as any time segment less than the
				total designated course duration or time period.
1. New section
				  filed 4-22-2004; operative 5-22-2004 (Register 2004, No. 17).
2.
				  Amendment of subsection (a) filed 8-10-2023; operative 10-1-2023 (Register
				  2023, No. 32).
Note: Authority cited: Sections
					 3719
					 and
					 3722,
					 Business and Professions Code. Reference: Section
					 3719,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 5 - Continuing Education › Section 1399.352.6 - Preceptors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
				purposes of this division, "preceptor" means any person responsible for the
				direct supervision and clinical instruction of a student, as part of an
				approved respiratory education program per B&P section
				3740, at a facility, licensed by
				the California Department of Public Health, who meets all of the following
				criteria:
(1) Holds a valid, current, and
				unrestricted license issued under this chapter.
(2) Holds a current and valid Registered
				Respiratory Therapist credential issued by the National Board for Respiratory
				Care.
(3) Has practiced a minimum
				of 4,000 hours as a respiratory care practitioner (RCP) within the five (5)
				years immediately preceding the date preceptor services are provided.
(4) Has completed a preceptor course within
				the last four years from the current date of expiration for the license,
				provided by:
(A) the American Association for
				Respiratory Care (AARC),
(B) the
				California Society for Respiratory Care (CSRC), or
(C) A facility, licensed by the California
				Department of Public Health, using the course materials from the provider
				listed in (A) or (B) of this subdivision.
(5) Is employed by a licensed facility to
				provide patient care as an RCP.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 5 - Continuing Education › Section 1399.352.7 - Law and Professional Ethics Course Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An acceptable course in law and professional ethics shall
				  meet the following criteria and be approved by the board or its
				  designee:
(a) The course shall be
				provided by the American Association for Respiratory Care or the California
				Society for Respiratory Care.
(b)
				The course shall be three hours in length. One hour of instruction shall
				consist of not less than 50 minutes of actual classroom time or actual time
				spent by the licensee completing the coursework on the internet.
(c) At least two hours of the content of the
				course shall be dedicated to professional ethics with a concentration in the
				following subject areas:
(1) Obligations of
				licensed respiratory care practitioners (RCPs) to patients under their care;
				and,
(2) Responsibilities of RCPs
				to report illegal activities occurring in the work place.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 5 - Continuing Education › Section 1399.353 - Audit and Sanctions for Noncompliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The board shall audit a random sample of
				RCPs for compliance with the CE requirements.
(b) If documentation of the CE requirement is
				improper or inadequate, or the licensee fails to provide the requested
				documentation within 30 days, the license becomes inactive. The practice of
				respiratory care, or representation that one is an RCP, is prohibited while the
				license is inactive. Practice on an inactive license shall constitute grounds
				for appropriate disciplinary action pursuant to the B&P.
(c) Notwithstanding subdivision (b), if the
				board determines that through no fault of the licensee the CE completed does
				not meet the criteria set forth in this article, the board may grant an
				extension, not to exceed six months, for the licensee to complete approved
				CE.
(d) Misrepresentation of
				compliance shall constitute grounds for disciplinary action.
(e) Documentation supporting compliance with
				CE requirements shall be available to the board upon request during the four
				year period following relicensure.
1. Change
				  without regulatory effect amending subsections (b) and (d) filed 10-22-92
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 92, No. 43).
2. Change without regulatory
				  effect amending subsections (a) and (d) filed 11-30-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 48).
3. Amendment of subsections (b)
				  and (d) filed 6-9-97; operative 7-9-97 (Register 97, No. 24).
4.
				  Amendment of subsection (b), new subsection (c) and subsection relettering
				  filed 4-22-2004; operative 5-22-2004 (Register 2004, No. 17).
5.
				  Amendment of subsections (b) and (c) and amendment of NOTE filed 5-25-2012;
				  operative 6-24-2012 (Register 2012, No. 21).
Note: Authority cited: Section
					 3722,
					 Business and Professions Code. Reference: Sections
					 3719,
					 3719.5
					 and
					 3750,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 5 - Continuing Education › Section 1399.354 - Waiver of Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At the time of making application for renewal of a license,
				  an RCP may request a waiver from completion of the CE requirements. The board
				  shall grant a waiver only if the RCP verifies in writing that, during the two
				  year period immediately prior to the expiration date of the license, he or
				  she:
(a) Has been absent from
				California for at least one year because of military service reasonably
				preventing completion of the CE requirements; or
(b) Has been prevented from completing the CE
				requirements for reasons of health or other good cause which includes:
(1) Total medical disability of the RCP for
				at least one year; or
(2) Total
				medical disability of an immediate family member for at least one year where
				the RCP has total responsibility for the care of that family member.
Verification of the disability under subsection (b) shall be
				  verified in writing by a licensed physician and
				  surgeon.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 5 - Continuing Education › Section 1399.355 - Renewal After Inactive or Delinquent Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the renewal of an expired license
				more than two years and within three years of the date of expiration, the
				applicant shall provide documentation of completion of the required 30 hours of
				CE during the four-year period preceding the application for renewal.
(b) For the renewal of an expired license two
				years or less from the expiration date, the applicant shall provide
				documentation of completion of the required 15 hours of CE during the two-year
				period preceding the application for renewal.
(c) After a license has been expired for
				three years, it will be cancelled and the applicant must make application just
				as for an initial license and meet all the current criteria required for
				licensure.
1. Amendment
				  adding paragraph designators filed 12-17-91; operative 1-16-92 (Register 92,
				  No. 10).
2. Change without regulatory effect amending subsections
				  (a) and (b) filed 10-22-92 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 92, No. 43).
3. Amendment of subsection (b)
				  and NOTE filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
4.
				  Amendment filed 6-9-97; operative 7-9-97 (Register 97, No.
				  24).
Note: Authority cited: Sections
					 3719
					 and
					 3722,
					 Business and Professions Code. Reference: Sections
					 3719
					 and
					 3774,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 5 - Continuing Education › Section 1399.356 - License Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensee may request, in writing, to change the status of
				  his/her license as follows:
(a) To
				change the status of a license from active to inactive, the licensee shall make
				application to the board for such a change.
(b) To change the status of a license from
				inactive to active, the licensee shall request such in writing, pay all
				current, delinquent and accrued renewal fees, and provide documentation of
				completion of 15 hours of CE during the two-year period preceding the request
				for active status.
1. New section
				  filed 6-9-97; operative 7-9-97 (Register 97, No. 24).
2. Amendment
				  of section and NOTE filed 4-22-2004; operative 5-22-2004 (Register 2004, No.
				  17).
Note: Authority cited: Sections
					 701,
					 704,
					 3719
					 and
					 3722,
					 Business and Professions Code. Reference: Sections
					 3719,
					 3774
					 and
					 3775,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 6 - Scope of Practice › Section 1399.360 - Unlicensed Personnel Services; Home Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unlicensed personnel (UP) may perform
				limited and basic respiratory care or respiratory care related services
				identified in subdivisions (b) and (c) in the home setting, for for the
				purposes of patient transfer to the home setting, or at the facility of a
				Licensed Home Care Employer, provided the following conditions are met:
(1) The UP is providing services through his
				or her employment with a Licensed Home Care Employer (LHCE);
(2) The UP has been provided initial
				training, and at least annually, ongoing in-service education, and periodic
				competency testing specific to each service and equipment-type by either a
				California licensed respiratory care practitioner (RCP) or other qualified
				licensed personnel, in accordance with his or her scope of practice, and
				documentation of such training, education and testing is maintained by the LHCE
				for a period of four years, and
(3)
				The LHCE ensures that the patient, the patient's family, or the patient's
				caregiver(s) are advised prior to or at the time equipment or supplies are
				delivered, that a RCP or other qualified licensed personnel, in accordance with
				his or her scope of practice, shall provide follow up checks, by telephone or
				in-person as appropriate, at the request of the patient or the patient's
				family, caregiver, or physician, or any person who has had contact with the
				patient, or as otherwise directed by a plan of care, and such services are
				provided accordingly.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 6 - Scope of Practice › Section 1399.364 - Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) RCPs may work
				under the orders of qualified and licensed practitioners who are authorized by
				the licensed health facility's medical staff, pursuant to protocol(s) developed
				in accordance with sections
				3702 and
				3703 of the B&P.
1. New section
				  filed 5-25-2012; operative 6-24-2012 (Register 2012, No.
				  21).
Note: Authority cited: Section
					 3722,
					 Business and Professions Code. Reference: Sections
					 3702,
					 3702.7
					 and
					 3703,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 7 - Miscellaneous › Section 1399.370 - Substantial Relationship Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purposes of denial, suspension or
				revocation of a license pursuant to Section
				141 or Division 1.5 (commencing
				with section
				475) of the B&P, Sections
				3750,
				3750.5, and
				3755 of the B&P, a crime,
				professional misconduct, or act shall be considered to be substantially related
				to the qualifications, functions or duties of a respiratory care practitioner,
				if it evidences present or potential unfitness of a licensee to perform the
				functions authorized by his or her license or in a manner inconsistent with the
				public health, safety, or welfare.
(b) In making the substantial relationship
				determination required under subdivision (a) for a crime, the board shall
				consider the following criteria:
(1) The
				nature and gravity of the offense.
(2) The number of years elapsed since the
				date of the offense.
(3) The nature
				and duties of the profession in which the applicant seeks licensure, or in
				which the licensee is licensed.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 7 - Miscellaneous › Section 1399.371 - Rehabilitation Criteria for Denials and Reinstatements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
				  without regulatory effect amending opening paragraph filed 11-30-95 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 95, No. 48).
2. Repealer filed 6-9-97;
				  operative 7-9-97 (Register 97, No. 24).
Note: Authority cited: Sections
					 480,
					 482
					 and
					 3722,
					 Business and Professions Code. Reference: Sections
					 480,
					 482,
					 3751
					 and
					 3753,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 7 - Miscellaneous › Section 1399.372 - Rehabilitation Criteria for Denials, Suspensions, Revocations, Petitions for Reinstatement, or Probation Modification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When considering the denial of a
				respiratory care practitioner license pursuant to section
				480 of the B&P on the grounds
				that the applicant has been convicted of a crime, the board shall consider
				whether the applicant made a showing of rehabilitation, if the applicant
				completed the criminal sentence at issue without a violation of parole or
				probation. In making this determination, the board shall consider the following
				criteria:
(1) The nature and gravity of the
				crime(s).
(2) The length(s) of the
				applicable parole or probation period(s).
(3) The extent to which the applicable parole
				or probation period was shortened or lengthened, and the reason(s) the period
				was modified.
(4) The terms or
				conditions of parole or probation and the extent to which they bear on the
				applicant's rehabilitation.
(5) The
				extent to which the terms or conditions of parole or probation were modified,
				and the reason(s) for modification.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 7 - Miscellaneous › Section 1399.372.5 - Satisfactory Completion of a Law and Professional Ethics Course Prerequisite to Reinstatement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every petitioner for reinstatement shall successfully
				  complete a course in law and professional ethics as provided in section
				  1399.352.7 of this division,
				  within 6 months prior to the date a petition for reinstatement is filed with
				  the board.
1. New section
				  filed 7-18-2005; operative 8-17-2005 (Register 2005, No.
				  29).
Note: Authority cited: Sections
					 3719.5
					 and
					 3722,
					 Business and Professions Code. Reference: Sections
					 3719.5
					 and
					 3751,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 7 - Miscellaneous › Section 1399.373 - Permit Processing Times

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Permit" as defined by the Permit Reform Act of 1981 means
				  any license, registration permit or any other form of authorization required by
				  a state agency to engage in a particular activity or act. Processing times for
				  the board's respiratory care practitioner program are set forth below. The
				  actual processing times apply to those applicants who have passed all
				  appropriate examinations.
Maximum time for notifying the
						  applicant, in writing, that the application is complete and accepted for
						  filing, or that the
Maximum time after receipt of a
						  complete
ACTUAL PROCESSING TIMES FOR ISSUANCE OF A
						  LICENSE BASED ON PRIOR TWO YEARS
application is deficient and
						  what
application to issue
___________________________
Program
specific
						  information is required
or deny
						  license
Minimum
Median
Maximum
Respiratory Care Practitioner
30
						  days
150 days
70 days
242 days
344 days
1. New section
				  filed 2-26-92; operative 3-27-92 (Register 92, No. 13).
2. Change
				  without regulatory effect amending first paragraph filed 10-22-92 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 92, No. 43).
3. Change without regulatory
				  effect amending opening paragraph filed 11-30-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 48).
Note: Authority cited: Section
					 3722,
					 Business and Professions Code; Section
					 15376,
					 Government Code. Reference: Section
					 15376,
					 Government Code.