Amended in Assembly January 4, 2016

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 923

Introduced by Assembly Member Steinorth

February 26, 2015

An act to amend Sections 3750 and 3755 of, and to add begin delete Sections 3754.8 and 3769.7 end delete begin insert Section 3754.8 end insert to, the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

AB 923, as amended, Steinorth. 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 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 begin insert by specified licensees end insert 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 begin insert , without regard to whether the person is a patient, end insert and the begin insert knowing end insert provision of false statements or information on any form provided by the board or to any person representing the board during an investigation, probation monitoring compliance check, or any other enforcement-related action.

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.

(2) Under the act the board may take action against a respiratory care practitioner who is charged with unprofessional conduct which includes, but is not limited to, repeated acts of clearly administering directly or indirectly inappropriate or unsafe respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques, and violation of any provision for which the board may order the denial, suspension, or revocation of, or the imposition of probationary conditions upon, a license. The act provides that engaging in repeated acts of unprofessional conduct is a crime.

This bill would expand the definition of unprofessional conduct to include begin delete any single act described above or any single act of abusive behavior, including, but not limited to, humiliation, intimidation, ridicule, coercion, threat, or any other conduct that threatens the health, welfare, or safety of a person, whether or not the victim is a patient, a friend or family member of the patient, or an employee. end delete begin insert any act of abuse towards a patient. end insert Because this bill would change the definition of a crime, it would impose a state-mandated local program.

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(3) The act authorizes the board to deny, suspend, or take other actions against a license for, among other things, conviction of a sex offense or any crime involving bodily injury or sexual misconduct.

end delete begin delete

This bill would authorize the board to provide notice of an applicant’s or licensee’s arrest for those crimes on the board’s Internet Web site, to employers, or both, and would require the board to remove the notice 60 days after the criminal matter is adjudicated or when all appeal rights have been exhausted, whichever is later.

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(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

SECTION 1.  

Section 3750 of the Business and Professions
Code is amended to read:

3750.  

The board may order the denial, suspension, or revocation
of, or the imposition of probationary conditions upon, a license
issued under this chapter, for any of the following causes:

(a) Advertising in violation of Section 651 or Section 17500.

(b) Fraud in the procurement of any license under this chapter.

(c) Knowingly employing unlicensed persons who present
themselves as licensed respiratory care practitioners.

(d) Conviction of a crime that substantially relates to the
qualifications, functions, or duties of a respiratory care practitioner.
The record of conviction or a certified copy thereof shall be
conclusive evidence of the conviction.

(e) Impersonating or acting as a proxy for an applicant in any
examination given under this chapter.

(f) Negligence in his or her practice as a respiratory care
practitioner.

(g) Conviction of a violation of this chapter or of Division 2
(commencing with Section 500), or violating, or attempting to
violate, directly or indirectly, or assisting in or abetting the
violation of, or conspiring to violate this chapter or Division 2
(commencing with Section 500).

(h) The aiding or abetting of any person to violate this chapter
or any regulations duly adopted under this chapter.

(i) The aiding or abetting of any person to engage in the unlawful
practice of respiratory care.

(j) The commission of any fraudulent, dishonest, or corrupt act
that is substantially related to the qualifications, functions, or duties
of a respiratory care practitioner.

(k) Falsifying, or making grossly incorrect, grossly inconsistent,
or unintelligible entries in any patient, hospital, or other record.

(l) Changing the prescription of a physician and surgeon, or
falsifying verbal or written orders for treatment or a diagnostic
regime received, whether or not that action resulted in actual patient
harm.

(m) Denial, suspension, or revocation of any license to practice
by another agency, state, or territory of the United States for any
act or omission that would constitute grounds for the denial,
suspension, or revocation of a license in this state.

(n)  begin insert (1) end insert begin insert   end insert Except for good cause, the knowing failure to protect
patients by failing to follow infection control guidelines of the
board, thereby risking transmission of bloodborne infectious
diseases from licensee to patient, from patient to patient, and from
patient to licensee. In administering this subdivision, the board
shall consider referencing the standards, regulations, and guidelines
of the State Department of Health Services developed pursuant to
Section 1250.11 of the Health and Safety Code and the standards,
regulations, and guidelines pursuant to the California Occupational
Safety and Health Act of 1973 (Part 1 (commencing with Section
6300) of Division 5 of the Labor Code) for preventing the
transmission of HIV, hepatitis B, and other bloodborne pathogens
in health care settings. As necessary, the board shall consult with
the California Medical Board, the Board of Podiatric Medicine,
the Dental Board of California, the Board of Registered Nursing,
and the Board of Vocational Nursing and Psychiatric Technicians,
to encourage appropriate consistency in the implementation of this
subdivision.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert board shall seek to ensure that licensees are informed
of the responsibility of licensees and others to follow infection
control guidelines, and of the most recent scientifically recognized
safeguards for minimizing the risk of transmission of bloodborne
infectious diseases.

(o) Incompetence in his or her practice as a respiratory care
practitioner.

(p) A pattern of substandard care or negligence in his or her
practice as a respiratory care practitioner, or in any capacity as a
health care worker, consultant, supervisor, manager or health
facility owner, or as a party responsible for the care of another.

(q)  begin delete Commission end delete begin insert If the licensee is a mandated reporter or is
required to report under Article 2 (commencing with Section
11160) or Article 2.5 (commencing with Section 11164) of Title 1
of Part 4 of the Penal Code. The commission end insert 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
in Section 368 of the Penal Code, without regard to whether the
person begin delete was end delete begin insert is end insert a patient.

(r)  begin delete Providing end delete begin insert Knowingly providing end insert false statements or
information on any form provided by the board or to any person
representing the board during an investigation, probation
monitoring compliance check, or any other enforcement-related
action.

SEC. 2.  

Section 3754.8 is added to the Business and Professions
Code, to read:

3754.8.  

The expiration, cancellation, forfeiture, or suspension
of a license, practice privilege, or other authority to practice
respiratory care by operation of law or by order or decision of the
board or a court of law, the placement of a license on a retired
status, or the voluntary surrender of the license by a licensee shall
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.

SEC. 3.  

Section 3755 of the Business and Professions Code is
amended to read:

3755.  

The board may take action against begin delete any end delete begin insert a end insert respiratory care
practitioner who is charged with unprofessional conduct in
administering, or attempting to administer, direct or indirect
respiratory care in any care setting. Unprofessional conduct
includes, but is not limited to, begin delete any act end delete begin insert repeated acts end insert of clearly
administering directly or indirectly inappropriate or unsafe
respiratory care procedures, protocols, therapeutic regimens, or
diagnostic testing or monitoring techniques, begin delete abusive behavior,
including, but not limited to, humiliation, intimidation, ridicule,
coercion, threat, or any other conduct that threatens the health,
welfare, or safety of a person, whether or not the victim is a patient,
a friend or family member of the patient, or an employee, end delete begin insert any act
of abuse towards a patient, end insert or begin insert a end insert violation of any provision of
Section 3750. The board may determine unprofessional conduct
involving any and all aspects of respiratory care performed by
anyone licensed as a respiratory care practitioner. Any person who
engages in repeated acts of unprofessional conduct shall be guilty
of a misdemeanor and shall be punished by a fine of not more than
one thousand dollars ($1,000), or by imprisonment for a term not
to exceed six months, or by both that fine and imprisonment.

begin delete

SEC. 4.  

Section 3769.7 is added to the Business and Professions
Code, to read:

3769.7.  

(a) If a licensee or applicant is arrested for any crime
described in Section 3752.5, 3752.6, or 3752.7, upon receipt of
certified copies of arrest documents, the board may provide notice
of the licensee’s or applicant’s arrest on the board’s Internet Web
site, to employers, or both.

(b) If the board provides notice of a licensee’s or applicant’s
arrest pursuant to this section, the board shall remove the notice
60 days after the criminal matter is adjudicated or when all appeal
rights have been exhausted, whichever is later.

end delete

begin delete SEC. 5. end delete
begin insert SEC. 4. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.