Section § 3710

Explanation

This law states that the Respiratory Care Board in California is in charge of managing and enforcing the rules related to respiratory care. But this particular rule only lasts until January 1, 2027. On that date, the rule will end unless it's reviewed and renewed by the appropriate legislative committees.

(a)CA Business & Professions Code § 3710(a) The Respiratory Care Board of California, hereafter referred to as the board, shall enforce and administer this chapter.
(b)CA Business & Professions Code § 3710(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

Section § 3710.1

Explanation

This law states that the main job of the Respiratory Care Board of California is to keep the public safe when they make decisions about licensing, rules, and discipline. If there's ever a conflict between protecting the public and other goals, protecting the public should always come first.

Protection of the public shall be the highest priority for the Respiratory Care Board of California 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.

Section § 3711

Explanation

This law section describes the makeup of a particular board, which includes one doctor, four practitioners experienced in respiratory care, and four members of the public who are not licensed by the board.

The members of the board shall be the following: one physician and surgeon, four respiratory care practitioners, each of whom shall have practiced respiratory care and four public members who shall not be licensed by the board.

Section § 3712

Explanation

This law explains how members of a board related to respiratory care are appointed in California. The Speaker of the Assembly appoints two respiratory care practitioners and one public member, the Senate Rules Committee appoints one physician and surgeon, one respiratory care practitioner, and one public member, while the Governor appoints one respiratory care practitioner and two public members. Each member serves a four-year term, and no member can serve more than two consecutive terms. Board membership is limited to two people from any university or college faculty at a time. The board elects a president every year, and appointing authorities can remove a board member for failing duty, incompetence, or unethical behavior.

The members of the board shall be appointed as follows:
(a)CA Business & Professions Code § 3712(a) Two respiratory care practitioners and one public member shall be appointed by the Speaker of the Assembly.
(b)CA Business & Professions Code § 3712(b) One physician and surgeon, one respiratory care practitioner, and one public member shall be appointed by the Senate Rules Committee.
(c)CA Business & Professions Code § 3712(c) One respiratory care practitioner, and two public members shall be appointed by the Governor.
Appointments shall be made for four-year terms, expiring on the first day of June of each year, and vacancies shall be filled for the unexpired term.
No member shall serve for more than two consecutive terms. Not more than two members of the board shall be appointed from the full-time faculty of any university, college, or other educational institution.
Annually, the board shall elect one of its members as president.
The appointing power shall have the authority to remove any member of the board from office for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct.

Section § 3713

Explanation

This section outlines the qualifications required for different roles on a board associated with respiratory care in California. For public members, they must be U.S. citizens, live in California, and not be involved in educational roles or healthcare provision related to respiratory therapy. Respiratory care members need to be licensed practitioners, U.S. citizens, California residents, with experience and involvement in patient care or education. Lastly, the physician member must be a U.S. citizen, California resident, licensed practicing physician, and knowledgeable about respiratory care.

(a)CA Business & Professions Code § 3713(a) The public members shall be appointed from persons having the following qualifications:
(1)CA Business & Professions Code § 3713(a)(1) Be a citizen of the United States of America.
(2)CA Business & Professions Code § 3713(a)(2) Be a resident of the State of California.
(3)CA Business & Professions Code § 3713(a)(3) Shall not be an officer or faculty member of any college, school, or institution engaged in respiratory therapy education.
(4)CA Business & Professions Code § 3713(a)(4) Shall not be licensed by the board or by any board under this division.
(5)CA Business & Professions Code § 3713(a)(5) Shall have no pecuniary interests in the provision of health care.
(b)CA Business & Professions Code § 3713(b) The respiratory care practitioner members shall be appointed from persons licensed as respiratory care practitioners having the following qualifications:
(1)CA Business & Professions Code § 3713(b)(1) Be a citizen of the United States of America.
(2)CA Business & Professions Code § 3713(b)(2) Be a resident of the State of California.
(3)CA Business & Professions Code § 3713(b)(3) One respiratory care practitioner shall be an officer or faculty member of any college, school, or institution engaged in respiratory therapy education.
(4)CA Business & Professions Code § 3713(b)(4) Three respiratory care practitioners shall be involved in direct patient care.
(5)CA Business & Professions Code § 3713(b)(5) Have at least five years’ experience in respiratory care or respiratory therapy education, and have been actively engaged therein for at least three years immediately preceding appointment.
(c)CA Business & Professions Code § 3713(c) The physician and surgeon member shall be appointed from persons having the following qualifications:
(1)CA Business & Professions Code § 3713(c)(1) Be a citizen of the United States of America.
(2)CA Business & Professions Code § 3713(c)(2) Be a resident of the State of California.
(3)CA Business & Professions Code § 3713(c)(3) Be a licensed practicing physician and surgeon in the State of California.
(4)CA Business & Professions Code § 3713(c)(4) Be knowledgeable in respiratory care.

Section § 3715

Explanation

The members of the board are entitled to receive a daily allowance and reimbursement for expenses, as detailed in another section of the law.

Each member of the board shall receive a per diem and expenses as provided in Section 103.

Section § 3716

Explanation

This section allows the board to hire an executive officer without going through the regular civil service process, and it can also hire clerical and other staff as needed, as long as they follow civil service rules. However, this rule is temporary and will no longer be effective after January 1, 2027.

(a)CA Business & Professions Code § 3716(a) The board may employ an executive officer exempt from civil service and, subject to the provisions of law relating to civil service, clerical assistants and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties.
(b)CA Business & Professions Code § 3716(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Section § 3717

Explanation

This law allows the board, licensed respiratory care practitioners, or investigators appointed by the board to inspect hospitals or facilities that provide respiratory care. They can check the quality of care, look at patient records, and review employment records during an investigation. However, they're restricted by privacy rules. If a facility doesn't provide the requested documents, they can be fined up to $10,000 for each violation. This fine is in addition to any other legal consequences.

(a)CA Business & Professions Code § 3717(a) The board, or any licensed respiratory care practitioner, enforcement staff, or investigative unit appointed by the board, may inspect, or require reports from, a general or specialized hospital or any other facility or corporation providing respiratory care, treatment, or services and the respiratory care staff thereof, with respect to the respiratory care, treatment, services, or facilities provided therein, or the employment of staff providing the respiratory care, treatment, or services, and may inspect and copy respiratory care patient records with respect to that care, treatment, services, or facilities. The authority to make inspections and to require reports as provided by this section is subject to the restrictions against disclosure contained in Section 2225. Those persons may also inspect and copy employment records relevant to an official investigation provided that the written request to inspect the records specifies the portion of the records to be inspected.
(b)CA Business & Professions Code § 3717(b) The failure of an employer to provide documents as required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation. This penalty shall be in addition to, and not in lieu of, any other civil or criminal remedies.

Section § 3718

Explanation

This law gives the board the authority to handle licenses for respiratory care professionals. They can issue new licenses, deny applications, or suspend and revoke existing licenses if needed, as outlined in this chapter.

The board shall issue, deny, suspend, and revoke licenses to practice respiratory care as provided in this chapter.

Section § 3719

Explanation

If you're renewing your professional license, you need to show the board that you've done the required continuing education over the last two years. This education can't be more than 30 hours every two years. Passing certain exams approved by the board might count as some of these education hours. The board will decide how many hours an exam is worth.

Each person renewing his or her license shall submit proof satisfactory to the board that, during the preceding two-year period, he or she completed the required number of continuing education hours established by regulation of the board. Required continuing education shall not exceed 30 hours every two years.
Successful completion of an examination approved by the board may be submitted by a licensee for a designated portion of continuing education credit. The board shall determine the hours of credit to be granted for the passage of particular examinations.

Section § 3719.5

Explanation
This law allows the board to require you to take certain professional courses if you're a respiratory care professional. These courses may be needed for continuing education, before you get your first license, or before you ask to have a lapsed license reinstated.
The board may require successful completion of one or more professional courses offered by the board, the American Association for Respiratory Care, or the California Society for Respiratory Care in any or all of the following circumstances:
(a)CA Business & Professions Code § 3719.5(a) As part of continuing education.
(b)CA Business & Professions Code § 3719.5(b) Prior to initial licensure.
(c)CA Business & Professions Code § 3719.5(c) Prior to consideration of a reinstatement petition.

Section § 3720

Explanation

This law requires the board to have at least one regular meeting each year. They can hold additional meetings as needed to finish their business. Special meetings can also be organized at any place and time the board chooses. If the president or any two board members request it in writing, more meetings can be arranged.

The board shall hold at least one regular meeting annually. The board may convene from time to time until its business is concluded. Special meetings may be held at the time and place the board may designate. Additional meetings may be held upon call of the president or at the written request of any two members of the board.

Section § 3722

Explanation

This law section states that the board responsible for this chapter must create any needed regulations to make sure the chapter works effectively. When doing so, the board must follow certain rules already outlined in another specific part of a government code to ensure everything is done properly.

The board shall adopt any regulations as may be necessary to effectuate this chapter. In adopting rules and regulations, the board shall comply with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.