AB 1972, as amended, Jones. 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 requires an applicant to successfully pass the national respiratory therapist examination conducted in accordance with board regulations.
This bill would, instead, require an applicant to pass all parts of the national registered respiratory therapist examination, unless an applicant provides evidence that he or she passed the National Board for Respiratory Care’s certified respiratory therapist examination prior to January 1, 2015, and there is no evidence of prior license or job-related discipline, as determined by the board in its discretion. The bill would make conforming changes.
(2) The act authorizes a person who has filed an application for licensure with the board to perform as a respiratory care practitioner applicant under the direct supervision of a respiratory care practitioner, if the applicant has met education requirements and passed the national respiratory therapist examination, if he or she ever attempted the examination. Those privileges automatically cease if the applicant fails that examination.
This bill would authorize the board to extend the dates an applicant may perform as a respiratory care practitioner applicant for up to 6 months when the applicant is unable to complete the application for, licensure process due to causes outside his or her control, or when the applicant provides evidence that he or she has successfully passed the national certified respiratory therapist examinationbegin insert,end insert andbegin insert the applicantend insert has otherwise completed the application for licensure process and has not previously been authorized to practice as a respiratory care practice applicant.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3730 of the Business and Professions
2Code is amended to read:
(a) All licenses for the practice of respiratory care in
4this state shall be issued by the board, and all applications for those
5licenses shall be submitted directly to and filed with the board.
6Except as otherwise required by the director pursuant to Section
7164, the license issued by the board shall describe the license holder
8as a “respiratory care practitioner licensed by the Respiratory Care
9Board of California.”
10(b) Each application shall be accompanied by the application
11fee prescribed in Section 3775, shall be signed by the applicant,
12and shall contain a statement under oath of the facts entitling the
13applicant to receive a license without
examination or to take one
14or more examinations.
15(c) The application shall contain other information as the board
16deems necessary to determine the qualifications of the applicant.
Section 3735 of the Business and Professions Code is
18amended to read:
(a) Except as otherwise provided in this chapter, an
20applicant shall not receive a license under this chapter without first
21successfully passing all parts of the national registered respiratory
22therapist examination.
23(b) Notwithstanding subdivision (a), any person applying for
24licensure who provides evidence that he or she passed thebegin delete National begin insert nationalend insert certified respiratory therapist
P3 1Board for Respiratory Care’send delete
2examination prior to January 1, 2015, shall not be
required to pass
3thebegin insert nationalend insert registered respiratory therapist examination, if there
4is no evidence of prior license or job-related discipline, as
5determined by the board in its discretion.
Section 3735.5 of the Business and Professions Code
7 is repealed.
Section 3739 of the Business and Professions Code is
9amended to read:
(a) Except as otherwise provided in this section, every
11person who has filed an application for licensure with the board
12may, between the dates specified by the board, perform as a
13respiratory care practitioner applicant under the direct supervision
14of a respiratory care practitioner licensed in this state if he or she
15has met education requirements for licensure as may be certified
16by his or her respiratory care program.
17(b) The board may extend the dates an applicant may perform
18as a respiratory care practitioner applicant under either of the
19following circumstances:
20(1) When
the applicant is unable to complete the licensure
21application due to causes completely outside his or her control.
22(2) When the applicant provides evidence that he or she has
23successfully passed the national certified respiratory therapist
24examinationbegin insert,end insert andbegin insert the applicantend insert has otherwise completed the
25application for licensure process and has not previously been
26authorized to practice as a respiratory carebegin delete practiceend deletebegin insert practitionerend insert
27
applicant under this subdivision.
28(c) Authorization to practice as a respiratory care practitioner
29applicant pursuant to paragraph (2) of subdivision (b) shall not
30exceed six months from the date of graduation or the date the
31application was filed, whenever is later.
32(d) During this period the applicant shall identify himself or
33herself only as a “respiratory care practitioner applicant.”
34(e) If for any reason the license is not issued, all privileges under
35subdivision (a) shall automatically cease on the date specified by
36the board.
37(f) This section shall not be construed to prohibit the board from
38denying or rescinding the privilege to
work as a respiratory care
39practitioner applicant for any reason, including, but not limited to,
P4 1failure to pass the registered respiratory therapist examination or
2if cause exists to deny the license.
3(g) “Under the direct supervision” means assigned to a
4respiratory care practitioner who is on duty and immediately
5available in the assigned patient care area.
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