BILL ANALYSIS �
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|Hearing Date:June 16, 2014 |Bill No:AB |
| |1972 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Ted W. Lieu, Chair
Bill No: AB 1972Author:Jones
As Amended:March 28, 2014Fiscal: Yes
SUBJECT: Respiratory care practitioners.
SUMMARY: Requires an applicant for licensure as a respiratory care
practitioner (RCP) to pass the National Registered Respiratory
Therapist Examination (RRT), unless the applicant provides evidence
that he or she passed the Certified Respiratory Therapist Examination
(CRT) prior to January 1, 2015, and there is no evidence of discipline
against the practitioner. Authorizes the Respiratory Care Board
(Board) to extend the dates an applicant may perform as a RCP
applicant for up to 6 months under specified circumstances.
Existing law:
1)Establishes the Respiratory Care Practice Act (Act), which is
enforced by the Board, to license and regulate the practice of RCPs.
(Business and Professions Code Section (BPC) 3700 et seq.)
2)Prohibits an applicant from receiving a license without first
successfully passing the national respiratory therapist examination
in the manner and under the rules and regulations as prescribed by
the Board. (BPC 3735)
3)Provides that the requirements to pass the written examination shall
not apply to an applicant who, at the time of his or her
application, has passed, to the satisfaction of the Board, an
examination that is, in the opinion of the Board, equivalent to the
examination given in this state. (BPC 3735.5)
4)Authorizes every person who has filed an application for licensure
with the Board to perform as an RCP applicant under the direct
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supervision of an RCP licensed in this state, between the dates
specified by the Board, if he or she has met education requirements
for licensure as may be certified by his or her respiratory care
program, and, if ever attempted, has passed the CRT examination.
(BPC 3739(a)(1))
5)Ceases all privileges to practice as a RCP applicant on the date
specified by the Board if for any reason the license is not issued
or the applicant fails the CRT examination.
(BPC 3739(a)(3),(b))
6)Prohibits an applicant for a RCP license from performing as an RCP
applicant if cause exists to deny the license. (BPC 3739(c))
7)Requires, except as specified, all applicants for licensure to have
completed an education program for respiratory care that is
accredited by the Commission on Accreditation for Respiratory Care
or its successor and been awarded a minimum of an associate degree.
(BPC 3740(a))
8)Deems as equivalent to the required education an applicant's
enrollment in a baccalaureate degree program, as specified, and
completion of science, general academic and respiratory therapy
coursework commensurate with the requirements of an associate degree
for respiratory care. (BPC 3740(b))
9)Authorizes the Board to waive its educational requirements if
evidence is presented and the Board deems it as meeting the current
educational requirements that will ensure the safe and competent
practice of respiratory care. (BPC 3740(g))
This bill:
1) Specifies that any person applying for licensure who provides
evidence that he or she passed the CRT examination, prior to
January 1, 2015, shall not be required to pass the RRT examination.
2) Further specifies that there must be no evidence of prior license
or job-related discipline as determined by the Board.
3) Authorizes the Board to extend the dates an applicant may perform
as a RCP applicant for up to 6 months under the following
circumstances:
a) When the applicant is unable to complete the
application for licensure process to due to causes outside
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his or her control; or
b) When the applicant provides evidence that he or she
has successfully passed the CRT examination and has
otherwise completed the application for licensure process
and has not previously been authorized to practice as a RCP.
4) Specifies that authorization to practice as a RCP applicant shall
not exceed six months from the date of graduation or the date the
application was filed, whichever is later.
5) Authorizes the Board to deny, rescind the privilege to work as a
RCP applicant for any reason, including, but not limited to,
failure to pass the RRT examination or if cause exists to deny the
license.
FISCAL EFFECT: This measure has been keyed "fiscal" by Legislative
Counsel. According to the Assembly Committee on Appropriations
analysis dated April 30, 2014, this bill would result in minor and
absorbable costs to the Board.
COMMENTS:
1. Purpose. This bill is co-sponsored by the Respiratory Care Board
and the California Society for Respiratory Care . According to the
Author, "This bill is necessary because advancements in technology
and accreditation standards coupled with the restructuring of
nationally recognized exams (effective 1/1/15) will make the
current requirement to pass the CRT exam for licensure as a
Respiratory Care Practitioner inadequate, outdated and insufficient
in meeting the Respiratory Care Board's consumer protection mandate
or the needs of the healthcare industry. Over the last ten years,
there have been legislative amendments and modifications in
accreditation and credentialing requirements to such a point that
all current graduates of respiratory care educational programs
qualify to take the NBRC's Registered Respiratory Therapist Exam."
2. Background.
a) Respiratory Care Practitioners (RCPs). According to
information received from the Association for Respiratory Care,
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there are over 150,000 RCPs in the United States. The first RCP
license in California was issued in 1985 and nearly 10,000
applicants were licensed through a grandfather provision in that
same year. To date, over 35,000 RCP licenses have been issued in
California.
RCPs treat patients with chronic lung problems such as asthma,
bronchitis and emphysema. They also treat accident victims,
premature infants, patients who have had heart attacks, cystic
fibrosis, lung cancer and AIDS. Patients typically receive
treatment from a RCP under the supervision of a physician.
Most RCPs work in hospitals where they perform intensive care,
critical care and neonatal procedures. They are a vital part of
a hospital's lifesaving response team which handles patient
emergencies. Of more than 7000 hospitals in the United States,
approximately 5700 have respiratory care departments.
b) National Board of Respiratory Care (NBRC) Examinations. Since
1985, the RCB has required the passage of the NBRC CRT
examination. The examination was designed to objectively measure
the knowledge, skills and abilities required of entry-level
practitioners. The NBRC's RRT examination was developed to
objectively measure the knowledge, skills and abilities of
advanced-level practitioners.
Each exam has slightly different admission requirements. For
example, for the CRT, the applicant must graduate from an
entry-level educational program , and for the RRT, the applicant
must graduate from and advanced level educational program .
However, the entry level educational programs were phased out in
December of 2012; thus, all current graduates meet the minimum
admission requirements for the RRT examination. Additionally,
accreditation of education programs is based upon the RRT passage
rate. As such, numerous states are moving towards adopting the
RRT as a pre-requisite for licensure.
3. Arguments in Support. The California Society for Respiratory Care
(Sponsor) supports the bill and writes, "All current graduates from
Respiratory Care Practitioner accredited educational programs meet
the minimum admission requirements to take the RRT exam as this is
the direction the industry is headed. Employers now seek RCP's who
have passed the RRT exam rather than the CRT exam?Changes made by
the national exam provider and oversight accreditation agency make
it necessary to remove the obsolete exam requirement."
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The California Hospital Association also supports the bill and
writes in their letter, "AB 1972 will combine the entry level exam
and the higher level exam into one exam and 'grandfather' currently
licensed Respiratory Care Practitioners by holding the affected
date at January 2015. This opportunity will increase the safe and
practical utility of California Respiratory Care Practitioners for
California consumers without negatively affecting those currently
in practice."
SUPPORT AND OPPOSITION:
Support:
California Society for Respiratory Care
California Hospital Association
Kaiser Permanente
Opposition: None received as of June 11, 2014
Consultant:Le Ondra Clark, Ph.D.