Section § 3740

Explanation

This section outlines the educational requirements for obtaining a license in respiratory care. Generally, applicants need to have completed a program accredited by a recognized body and hold at least an associate degree. If an applicant is enrolled in a bachelor's program or has completed required courses, they might still qualify. Foreign-trained applicants must show their education and skills meet the same standards and may need additional evaluation. Canadian-trained applicants have specific criteria to meet as well. Schools must provide administrators with time for administrative duties, and applications must include certified transcripts. The board can waive some educational requirements based on relevant experience or past licensure, but retains the right to deny approval based on inadequate training.

(a)CA Business & Professions Code § 3740(a) Except as otherwise provided in this chapter, all applicants for licensure under this chapter shall 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 from an institution or university accredited by a regional accreditation agency or association recognized by the United States Department of Education.
(b)CA Business & Professions Code § 3740(b) Notwithstanding subdivision (a), meeting the following qualifications shall be deemed equivalent to the required education:
(1)CA Business & Professions Code § 3740(b)(1) Enrollment in a baccalaureate degree program in an institution or university accredited by a regional accreditation agency or association recognized by the United States Department of Education.
(2)CA Business & Professions Code § 3740(b)(2) Completion of science, general academic, and respiratory therapy coursework commensurate with the requirements for an associate degree in subdivision (a).
(c)CA Business & Professions Code § 3740(c) An applicant whose application is based on a diploma issued to the applicant by a foreign respiratory therapy school or a certificate or license issued by another state, district, or territory of the United States that does not meet the requirements in subdivision (a) or (b), shall enroll in an advanced standing and approved respiratory educational program for evaluation of his or her education and training and furnish documentary evidence, satisfactory to the board, that he or she satisfies all of the following requirements:
(1)CA Business & Professions Code § 3740(c)(1) Holds an associate degree or higher level degree equivalent to that required in subdivision (a) or (b).
(2)CA Business & Professions Code § 3740(c)(2) Completion of a respiratory therapy educational program equivalent to that required in subdivision (a) or (b).
(3)CA Business & Professions Code § 3740(c)(3) Possession of knowledge and skills to competently and safely practice respiratory care in accordance with national standards.
(d)CA Business & Professions Code § 3740(d) Notwithstanding subdivision (c), an applicant whose application is based on education provided by a Canadian institution or university that does not meet the requirements in subdivision (a) or (b) shall furnish documentary evidence, satisfactory to the board, that he or she satisfies both of the following requirements:
(1)CA Business & Professions Code § 3740(d)(1) Holds a degree equivalent to that required in subdivision (a) or (b).
(2)CA Business & Professions Code § 3740(d)(2) Completion of a respiratory therapy educational program recognized by the Canadian Board of Respiratory Care.
(e)CA Business & Professions Code § 3740(e) A school shall give the director of a respiratory care program adequate release time to perform his or her administrative duties consistent with the established policies of the educational institution.
(f)CA Business & Professions Code § 3740(f) Satisfactory evidence as to educational qualifications shall take the form of certified transcripts of the applicant’s college record mailed directly to the board from the educational institution. However, the board may require an evaluation of educational credentials by an evaluation service approved by the board.
(g)CA Business & Professions Code § 3740(g) At the board’s discretion, it may 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. This evidence may include, but is not limited to:
(1)CA Business & Professions Code § 3740(g)(1) Work experience.
(2)CA Business & Professions Code § 3740(g)(2) Good standing of licensure in another state.
(3)CA Business & Professions Code § 3740(g)(3) Previous good standing of licensure in the State of California.
(h)CA Business & Professions Code § 3740(h) Nothing contained in this section shall prohibit the board from disapproving any respiratory therapy school, nor from denying the applicant if the instruction, including modalities and advancements in technology, received by the applicant or the courses were not equivalent to that required by the board.

Section § 3741

Explanation

This law says that students in an approved respiratory care training program can perform respiratory care services while they're still learning, as long as these activities are part of their coursework. During this training period, they must be known as 'student respiratory care practitioners.'

(a)CA Business & Professions Code § 3741(a) During the period of any clinical training, respiratory care services may be rendered by a student enrolled in an approved respiratory care training program when these services are incidental to his or her course of study.
(b)CA Business & Professions Code § 3741(b) A person engaged in a respiratory care training program as a student shall be identified only as a “student respiratory care practitioner.”

Section § 3742

Explanation

If you're studying to become a respiratory care practitioner in California and are in clinical training, you must be directly supervised by someone who is fully licensed. This supervisor needs to be on duty and ready to help where you're working with patients.

During the period of any clinical training, a student respiratory care practitioner shall be under the direct supervision of a person holding a valid, current, and unrestricted license issued under this chapter. “Under the direct supervision” means assigned to a respiratory care practitioner who is on duty and immediately available in the assigned patient care area.