AB 923, as introduced, Steinorth. Respiratory care practitioners.
Under the Respiratory Care Practice Act, the Respiratory Care Board of California licenses and regulates the practice of respiratory care and therapy. The act authorizes the board to order the denial, suspension, or revocation of, or the imposition of probationary conditions upon, a license issued under the act, for any of specified causes. A violation of the act is a crime.
This bill would include among those causes for discipline the commission of an act of neglect, endangerment, or abuse involving a person under 18 years of age, a person 65 years of age or older, or a dependent adult, as described.
The bill would provide that the expiration, cancellation, forfeiture, or suspension of a license, practice privilege, or other authority to practice respiratory care, the placement of a license on a retired status, or the voluntary surrender of a license by a licensee, does not deprive the board of jurisdiction to commence or proceed with any investigation of, or action or disciplinary proceeding against, the licensee, or to render a decision to suspend or revoke the license.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3750 of the Business and Professions
2Code is amended to read:
The board may order the denial, suspension, or revocation
4of, or the imposition of probationary conditions upon, a license
5issued under this chapter, for any of the following causes:
6(a) Advertising in violation of Section 651 or Section 17500.
7(b) Fraud in the procurement of any license under this chapter.
8(c) Knowingly employing unlicensed persons who present
9themselves as licensed respiratory care practitioners.
10(d) Conviction of a crime that substantially relates to the
11qualifications, functions, or duties of a respiratory care practitioner.
12The record of conviction or a certified copy thereof
shall be
13conclusive evidence of the conviction.
14(e) Impersonating or acting as a proxy for an applicant in any
15examination given under this chapter.
16(f) Negligence in his or her practice as a respiratory care
17practitioner.
18(g) Conviction of a violation of any of the provisions of this
19chapter or of any provision of Division 2 (commencing with
20Section 500), or violating, or attempting to violate, directly or
21indirectly, or assisting in or abetting the violation of, or conspiring
22to violate any provision or term of this chapter or of any provision
23of Division 2 (commencing with Section 500).
24(h) The aiding or abetting of any person to violate this chapter
25or any regulations duly adopted under this chapter.
26(i) The aiding or abetting of any person to engage in the unlawful
27practice of respiratory care.
28(j) The commission of any fraudulent, dishonest, or corrupt act
29which is substantially related to the qualifications, functions, or
30duties of a respiratory care practitioner.
31(k) Falsifying, or making grossly incorrect, grossly inconsistent,
32or unintelligible entries in any patient, hospital, or other record.
33(l) Changing the prescription of a physician and surgeon, or
34falsifying verbal or written orders for treatment or a diagnostic
35regime received, whether or not that action resulted in actual patient
36harm.
37(m) Denial, suspension, or revocation of any license to practice
38by another agency, state,
or territory of the United States for any
P3 1act or omission that would constitute grounds for the denial,
2suspension, or revocation of a license in this state.
3(n) Except for good cause, the knowing failure to protect patients
4by failing to follow infection control guidelines of the board,
5thereby risking transmission of bloodborne infectious diseases
6from licensee to patient, from patient to patient, and from patient
7to licensee. In administering this subdivision, the board shall
8consider referencing the standards, regulations, and guidelines of
9the State Department of Health Services developed pursuant to
10Section 1250.11 of the Health and Safety Code and the standards,
11regulations, and guidelines pursuant to the California Occupational
12Safety and Health Act of 1973 (Part 1 (commencing with Section
136300) of Division 5 of the Labor Code) for preventing the
14transmission of HIV, hepatitis B, and other bloodborne pathogens
15in health care settings.
As necessary, the board shall consult with
16the California Medical Board, the Board of Podiatric Medicine,
17the Board of Dental Examiners, the Board of Registered Nursing,
18and the Board of Vocational Nursing and Psychiatric Technicians,
19to encourage appropriate consistency in the implementation of this
20subdivision.
21The board shall seek to ensure that licensees are informed of the
22responsibility of licensees and others to follow infection control
23guidelines, and of the most recent scientifically recognized
24safeguards for minimizing the risk of transmission of bloodborne
25infectious diseases.
26(o) Incompetence in his or her practice as a respiratory care
27practitioner.
28(p) A pattern of substandard care or negligence in his or her
29practice as a respiratory care practitioner, or in any capacity as a
30health care worker, consultant, supervisor,
manager or health
31facility owner, or as a party responsible for the care of another.
32(q) Commission of an act of neglect, endangerment, or abuse
33involving a person under 18 years of age, a person 65 years of
34age or older, or a dependent adult as described in Section 368 of
35the Penal Code, without regard to whether the person was a
36patient.
Section 3754.8 is added to the Business and Professions
38Code, to read:
The expiration, cancellation, forfeiture, or suspension
40of a license, practice privilege, or other authority to practice
P4 1respiratory care by operation of law or by order or decision of the
2board or a court of law, the placement of a license on a retired
3status, or the voluntary surrender of the license by a licensee shall
4not deprive the board of jurisdiction to commence or proceed with
5any investigation of, or action or disciplinary proceeding against,
6the licensee, or to render a decision to suspend or revoke the
7license.
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