BILL NUMBER: AB 923 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 17, 2016
AMENDED IN ASSEMBLY JANUARY 4, 2016
AMENDED IN ASSEMBLY APRIL 6, 2015
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 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 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 patient, and patient. The bill would
also include among those causes for discipline the
knowing 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. action
when the individual knew or should have known the
statements or information was false.
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 patient.
patient and any act of administering unsafe respiratory care
procedures, protocols, therapeutic regimens, or diagnostic testing or
monitoring techniques. Because this bill would change the
definition of a crime, it would impose a state-mandated local
program.
(4)
(3) 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 Employing an
unlicensed persons person who
present themselves presents herself or himself
as a licensed respiratory care practitioners.
practitioner when the employer knew or should have
known the person was not licensed.
(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) Knowingly providing Providing
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. action when the
individual knew or should have known the statements or information
was false .
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. (a) 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, repeated
the following:
(1) Repeated acts of clearly
administering directly or indirectly inappropriate or unsafe
respiratory care procedures, protocols, therapeutic
regimens, or diagnostic testing or monitoring techniques,
any techniques.
(2) Any act of administering unsafe
respiratory care procedures, protocols, therapeutic regimens,
or diagn ostic testing or monitoring techniques.
(3) Any act of abuse towards a
patient, or a patient.
(4) A violation of any provision
of Section 3750. The
(b) The board may determine
unprofessional conduct involving any and all aspects of respiratory
care performed by anyone licensed as a respiratory care practitioner.
Any
(c) 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.
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.