California Legislature—2013–14 Regular Session

Assembly Bill No. 1972

Introduced by Assembly Member Jones

February 19, 2014

An act to amend Sections 3730, 3735, and 3739 of, and to repeal Section 3735.5 of, the Business and Professions Code, relating to respiratory care.

LEGISLATIVE COUNSEL’S DIGEST

AB 1972, as introduced, Jones. Respiratory care practitioners.

(1) Under the Respiratory Care Practice Act, the Respiratory Care Board of California licenses and regulates the practice of respiratory care and therapy. The act requires an applicant to successfully pass the national respiratory therapist examination conducted in accordance with board regulations.

This bill would, instead, require an applicant to pass all parts of the national registered respiratory therapist examination, unless an applicant provides evidence that he or she passed the National Board for Respiratory Care’s certified respiratory therapist examination prior to January 1, 2015, and there is no evidence of prior license or job-related discipline, as determined by the board in its discretion. The bill would make conforming changes.

(2) The act authorizes a person who has filed an application for licensure with the board to perform as a respiratory care practitioner applicant under the direct supervision of a respiratory care practitioner, if the applicant has met education requirements and passed the national respiratory therapist examination, if he or she ever attempted the examination. Those privileges automatically cease if the applicant fails that examination.

This bill would authorize the board to extend the dates an applicant may perform as a respiratory care practitioner applicant for up to 6 months when the applicant is unable to complete the application for, licensure process due to causes outside his or her control, or when the applicant provides evidence that he or she has successfully passed the national certified respiratory therapist examination and has otherwise completed the application for licensure process and has not previously been authorized to practice as a respiratory care practice applicant.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 3730 of the Business and Professions
Code is amended to read:

3730.  

begin insert (a) end insert begin insert   end insert 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.”

begin delete

Each

end delete

begin insert (b) end insert begin insert   end insert begin insert Each end insert 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 begin delete an
examination end delete begin insert one or more examinations end insert .

begin delete

The

end delete

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

SEC. 2.  

Section 3735 of the Business and Professions Code is
amended to read:

3735.  

begin insert (a) end insert begin insert   end insert Except as otherwise provided in this chapter, begin delete no end delete begin insert an end insert
applicant shall begin insert not end insert receive a license under this chapter without first
successfully passing begin insert all parts of end insert the national begin insert registered end insert respiratory
therapist examination begin delete conducted by those persons, and in the
manner and under the rules and regulations, as the board may
prescribe end delete .

begin insert

(b) Notwithstanding subdivision (a), any person applying for
licensure who provides evidence that he or she passed the National
Board for Respiratory Care’s certified respiratory therapist
examination prior to January 1, 2015, shall not be required to
pass the registered respiratory therapist examination, if there is
no evidence of prior license or job-related discipline, as determined
by the board in its discretion.

end insert

SEC. 3.  

Section 3735.5 of the Business and Professions Code
is repealed.

begin delete

3735.5.  

The requirements to pass the written examination shall
not apply to an applicant who at the time of his or her application
has passed, to the satisfaction of the board, an examination that is,
in the opinion of the board, equivalent to the examination given
in this state.

end delete

SEC. 4.  

Section 3739 of the Business and Professions Code is
amended to read:

3739.  

(a)  begin delete (1) end delete begin delete   end delete 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 begin delete provided end delete begin insert if end insert
he or she has met education requirements for licensure as may be
certified by his or her respiratory care program begin delete , and if ever
attempted, has passed the national respiratory therapist
examination end delete .

begin insert

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

end insert begin insert

(1) When the applicant is unable to complete the licensure
application due to causes completely outside his or her control.

end insert begin insert

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

end insert begin insert

(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.

end insert begin delete

(2)

end delete

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

begin delete

(3)

end delete

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

begin delete

(b) If an applicant fails the national respiratory therapist
examination, all privileges under this section shall automatically
cease on the date specified by the board.

end delete begin delete

(c) No applicant for a respiratory care practitioner license shall
be authorized to perform as a respiratory care practitioner applicant
if cause exists to deny the license.

end delete begin insert

(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.

end insert begin delete

(d)

end delete

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