Section § 3730

Explanation
If you want to practice respiratory care in California, you'll need a license from the state's Respiratory Care Board. To apply, you must submit an application and pay a fee specified in another section. The application must be signed and include a sworn statement about why you qualify for the license, either through exam or another method. The board may ask for additional information to decide if you're qualified.
(a)CA Business & Professions Code § 3730(a) All licenses for the practice of respiratory care in this state shall be issued by the board, and all applications for those licenses shall be submitted directly to and filed with the board. Except as otherwise required by the director pursuant to Section 164, the license issued by the board shall describe the license holder as a “respiratory care practitioner licensed by the Respiratory Care Board of California.”
(b)CA Business & Professions Code § 3730(b) Each application shall be accompanied by the application fee prescribed in Section 3775, shall be signed by the applicant, and shall contain a statement under oath of the facts entitling the applicant to receive a license without examination or to take one or more examinations.
(c)CA Business & Professions Code § 3730(c) The application shall contain other information as the board deems necessary to determine the qualifications of the applicant.

Section § 3731

Explanation

If you have a license as a respiratory care practitioner in California, you're allowed to use the title "respiratory care practitioner" or the letters "RCP". However, your license does not let you use titles like "Dr." or "doctor", because those titles suggest you are a physician or surgeon, which you are not unless separately licensed as one in the state. Also, you can't use "M.D." unless you're actually licensed as a physician and surgeon.

A person holding a license as a respiratory care practitioner issued by the board shall use the title “respiratory care practitioner” or the letters “RCP”. The license as a respiratory care practitioner shall not authorize the use of the prefix “Dr.”, or the word “doctor”, or any suffix or affix indicating or implying that the licensed person is a doctor or a physician and surgeon.
The suffix “M.D.” shall not be used unless the licensed practitioner is licensed as a physician and surgeon in this state.

Section § 3732

Explanation

Before giving someone a license, the board must check if the person meets the necessary qualifications. The board can also refuse to give a license or impose special conditions if there are valid reasons, like those listed for suspending or revoking a license in specific sections.

(a)CA Business & Professions Code § 3732(a) The board shall investigate an applicant for a license, before a license is issued, in order to determine whether or not the applicant has the qualifications required by this chapter.
(b)CA Business & Professions Code § 3732(b) The board may deny an application, or may order the issuance of a license with terms and conditions, for any of the causes specified in this chapter for suspension or revocation of a license, including, but not limited to, those causes specified in Sections 3750, 3750.5, 3752.5, 3752.6, 3755, 3757, 3760, and 3761.

Section § 3735

Explanation

This law explains that to get a respiratory care license, a person must pass both a multiple-choice and a simulation exam from the National Board for Respiratory Care. However, if someone already passed specific respiratory exams before January 1, 2015, they don't have to take these new exams as long as they have a clean professional record.

(a)CA Business & Professions Code § 3735(a) Except as otherwise provided in this chapter, an applicant shall not receive a license under this chapter without first successfully passing the National Board for Respiratory Care’s Therapist Multiple-Choice Examination, at the cut-off level required to qualify for the Clinical Simulation Examination, and the Clinical Simulation Examination, or any succeeding examinations.
(b)CA Business & Professions Code § 3735(b) Notwithstanding subdivision (a), any person applying for licensure who provides evidence that he or she passed the national Certified Respiratory Therapist Examination or Written Registry Examination prior to January 1, 2015, shall be deemed to have met the examination requirement of subdivision (a), provided there is no evidence of prior license or job-related discipline, as determined by the board in its discretion.

Section § 3739

Explanation

If you've applied to be a licensed respiratory care practitioner in California, you can work as an applicant under direct supervision, as long as you've met the education criteria. The board can extend this work period if you're delayed by factors beyond your control or if you've passed the national exam but haven't practiced yet. This extended period is up to six months after you graduate or apply, whichever comes later. During this time, you must call yourself a 'respiratory care practitioner applicant.' If you don't get your license, you'll lose these privileges by the board's set date. The board can also take away this right for reasons like failing exams. Direct supervision means the supervising practitioner must be immediately available nearby.

(a)CA Business & Professions Code § 3739(a) Except as otherwise provided in this section, every person who has filed an application for licensure with the board may, between the dates specified by the board, perform as a respiratory care practitioner applicant under the direct supervision of a respiratory care practitioner licensed in this state if he or she has met education requirements for licensure as may be certified by his or her respiratory care program.
(b)CA Business & Professions Code § 3739(b) The board may extend the dates an applicant may perform as a respiratory care practitioner applicant under either of the following circumstances:
(1)CA Business & Professions Code § 3739(b)(1) When the applicant is unable to complete the licensure application due to causes completely outside his or her control.
(2)CA Business & Professions Code § 3739(b)(2) When the applicant provides evidence that he or she has successfully passed the national certified respiratory therapist examination, and the applicant has otherwise completed the application for licensure process and has not previously been authorized to practice as a respiratory care practitioner applicant under this subdivision.
(c)CA Business & Professions Code § 3739(c) Authorization to practice as a respiratory care practitioner applicant pursuant to paragraph (2) of subdivision (b) shall not exceed six months from the date of graduation or the date the application was filed, whenever is later.
(d)CA Business & Professions Code § 3739(d) During this period the applicant shall identify himself or herself only as a “respiratory care practitioner applicant.”
(e)CA Business & Professions Code § 3739(e) If for any reason the license is not issued, all privileges under subdivision (a) shall automatically cease on the date specified by the board.
(f)CA Business & Professions Code § 3739(f) This section shall not be construed to prohibit the board from denying or rescinding the privilege to work as a respiratory care practitioner applicant for any reason, including, but not limited to, failure to pass the registered respiratory therapist examination or if cause exists to deny the license.
(g)CA Business & Professions Code § 3739(g) “Under the direct supervision” means assigned to a respiratory care practitioner who is on duty and immediately available in the assigned patient care area.