BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 923|
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THIRD READING
Bill No: AB 923
Author: Steinorth (R)
Amended: 8/1/16 in Senate
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 8-0, 6/6/16
AYES: Hill, Bates, Block, Gaines, Galgiani, Hernandez,
Mendoza, Wieckowski
NO VOTE RECORDED: Jackson
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 1/27/16 (Consent) - See last page for
vote
SUBJECT: Respiratory care practitioners
SOURCE: California Society for Respiratory Care
DIGEST: This bill makes changes to disciplinary provisions of
the Respiratory Care Practice Act.
Senate Floor Amendments of 8/1/16 replace the term "Health Care
Services" with "Public Health" in order to correctly reflect the
appropriate state entity.
ANALYSIS:
Existing law:
AB 923
Page 2
1) Establishes the Respiratory Care Board (Board) of California
to implement the Respiratory Care Practice Act (Act).
(Business and Professions Code (BPC) § 3710)
2) States that protection of the public shall be the highest
priority for the Board in exercising its licensing,
regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests
sought to be promoted, the protection of the public shall be
paramount. (BPC § 3710.1)
3) Defines respiratory care as a practice to mean the therapy,
management, rehabilitation, diagnostic evaluation, and care
of patients with deficiencies and abnormalities which affect
the pulmonary system and associated aspects of
cardiopulmonary and other systems functions, under the
supervision of a medical director. (BPC § 3702)
4) Authorizes the Board to order the denial, suspension, or
revocation of, or the imposition of probationary conditions
upon, a license issued under this chapter, for knowingly
employing unlicensed persons who present themselves as
licensed respiratory care practitioners. (BPC § 3750)
5) States that 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. (BPC §
3755)
This bill:
1)Modifies the scienter requirement from "knowingly" to "knew or
should have known" for an employer who employs an unlicensed
person who presents herself or himself as a licensed
respiratory care practitioner when the employer knew or should
have known the person was not licensed.
2)States that the expiration, cancellation, forfeiture, or
suspension of a license, practice privilege, or other
authority to practice respiratory care by operation of law, by
order or decision of the Board, or a court of law; the
AB 923
Page 3
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.
3)States that unprofessional conduct includes, but is not
limited to:
a) Any act of administering unsafe respiratory care
procedures, protocols, therapeutic regimens, or diagnostic
testing or monitoring techniques; or,
b) Any act of abuse towards a patient.
4)Authorizes the Board to order the denial, suspension, or
revocation of, or the imposition of probationary conditions
upon, a license of a licensee who knowingly provides false
statements or should have known that the provided to the Board
was false 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.
5)Makes technical changes.
Background
Respiratory Care Therapists (RCPs). The Board regulates a
single category of health care workers -RCPs. RCPs are
specialized health care workers who work under the supervision
of medical directors and are involved in the prevention,
diagnosis, treatment, management, and rehabilitation of problems
affecting the heart and lungs. RCPs provide treatments for
patients who have breathing difficulties, including those
dependent upon life support, and treat those with acute and
chronic diseases, including Chronic Obstructive Pulmonary
Disease, trauma victims, and surgery patients. They are
typically employed in hospitals, however, a growing number of
RCPs work in alternative settings like skilled nursing
facilities, physician offices, hyperbaric oxygen therapy
facilities and sleep laboratories. There are over 34,000 RCP
licensees in California.
AB 923
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2013 Sunset Review. According to the Board's 2013 Sunset
Review, the Board believes there are roadblocks within the Act
that prevent administrative suspension or discipline for
egregious criminal offenses committed by RCPs. The Board stated
that many Deputy Attorneys General (DAGs) believe the Board's
existing law does not allow it to pursue administrative
suspension or discipline for some sexually related crimes, or
even in a case where the RCP was arrested for attempted murder
unless there is a conviction. The Board has found that DAGs are
often reluctant to take action solely based on "a corrupt act;"
for example, because the language is too broad.
This bill is intended to clarify the parameters for the
administration of discipline in the Act by adding examples of
what constitutes "unprofessional conduct"; modifies the
scienter requirement to prove an employer acted unlawfully;
prohibits the provision of false information by a licensee; and
clarifies that the Board has jurisdiction over any individual
who violates the Act regardless of the expiration, cancellation,
forfeiture, surrender, retirement, or suspension of a license,
practice privilege, or other authority to practice respiratory
care by operation of law, by order or decision of the Board, or
a court of law.
It should be noted, however, that while it is important for the
Board to police its licensees for conduct dangerous to patients,
it is equally critical that licensees are afforded appropriate
due process for any real or perceived transgressions, and
discipline is not meted out based on insubstantial evidence.
These amendments are not intended to reduce the burden of proof
for the Board, but rather provide further guidance in
administering the Act.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified8/2/16)
California Society for Respiratory Care (source)
Respiratory Care Board of California
AB 923
Page 5
OPPOSITION: (Verified8/2/16)
None received
ARGUMENTS IN SUPPORT: The Respiratory Care Board of California
and the California Society for Respiratory Care write that this
bill will strengthen legal framework in the Act related to
disciplinary actions, which will further the consumer protection
mandate of the Board and allow it to effectively regulate the
Respiratory Care profession in California.
ASSEMBLY FLOOR: 78-0, 1/27/16
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez,
Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Mathis
Prepared by:Sarah Huchel / B., P. & E.D. / (916) 651-4104
8/8/16 9:57:41
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