BILL NUMBER: AB 1972	INTRODUCED
	BILL TEXT


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.   (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." 
    Each 
    (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  an examination   one or
more examinations  . 
    The 
    (c)    The  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.   (a)    Except as otherwise provided in
this chapter,  no   an  applicant shall
 not  receive a license under this chapter without first
successfully passing  all parts of the national 
registered  respiratory therapist examination  conducted
by those persons, and in the manner and under the rules and
regulations, as the board may prescribe  . 
   (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. 
  SEC. 3.  Section 3735.5 of the Business and Professions Code is
repealed. 
   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. 
  SEC. 4.  Section 3739 of the Business and Professions Code is
amended to read:
   3739.  (a)  (1)    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  provided 
if  he or she has met education requirements for licensure as
may be certified by his or her respiratory care program  ,
and if ever attempted, has passed the national respiratory therapist
examination  . 
   (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 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. 

   (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.  
   (2) 
    (d)  During this period the applicant shall identify
himself or herself only as a "respiratory care practitioner
applicant." 
   (3) 
    (e)  If for any reason the license is not issued, all
privileges under  this  subdivision  (a) 
shall automatically cease on the date specified by the board.

   (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.  
   (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.  
   (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.  
   (d) 
    (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.