Amended in Senate May 17, 2016

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 Section 3754.8 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 begin insert the employment of an unlicensed person who presents herself or himself as a licensed respiratory care practitioner when the employer should have known the person was not licensed. The bill would also include among those causes for discipline end insert the commission by specified licensees 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, without regard to whether the person is a begin delete patient, and end delete begin insert patient. The bill would also include among those causes for discipline end insert the begin delete knowing end delete 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 begin delete action. end delete begin insert action when the individual knew or should have known the statements or information was false. end insert

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 any act of abuse towards a begin delete patient. end delete begin insert patient and any act of administering unsafe respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques. end insert Because this bill would change the definition of a crime, it would impose a state-mandated local program.

begin delete

(4)

end delete

begin insert (3) end insert  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)  begin delete Knowingly employing end delete begin insert Employing an end insert unlicensed begin delete persons end delete
begin insert person end insert who begin delete present themselves end delete begin insert presents herself or himself end insert as begin insert a end insert
licensed respiratory care begin delete practitioners. end delete begin insert practitioner when the
employer knew or should have known the person was not licensed. end insert

(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) (1) 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.

(2) The 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) 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 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 is a patient.

(r)  begin delete Knowingly providing end delete begin insert 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

begin delete action. end delete begin insert action when the individual knew or should have known the
statements or information was false. end insert

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.  

begin insert (a) end insert begin insert   end insert The board may take action against a 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 repeated end delete begin insert the following: end insert

begin insert (1) end insert begin insert   end insert begin insert Repeated end insert acts of clearly administering directly or indirectly
inappropriate begin delete or unsafe end delete respiratory care procedures, protocols,
therapeutic regimens, or diagnostic testing or monitoring

begin delete techniques, any end delete begin insert techniques. end insert

begin insert (2) end insert begin insert   end insert begin insert Any act of administering unsafe respiratory care procedures,
protocols, therapeutic regimens, or diagn end insert begin insert ostic testing or
monitoring techniques. end insert

begin insert (3) end insert begin insert   end insert begin insert Any end insert act of abuse towards a begin delete patient, or end delete begin delete a end delete begin insert patient. end insert

begin insert (4) end insert begin insert   end insert begin insert A end insert violation of any provision of Section 3750. begin delete The end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert board may determine unprofessional conduct involving
any and all aspects of respiratory care performed by anyone
licensed as a respiratory care practitioner. begin delete Any end delete

begin insert (c) end insert begin insert   end insert begin insert Any end insert 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.

SEC. 4.  

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.