Section § 3700

Explanation

This section simply states the official name of the chapter, which is the “Respiratory Care Practice Act.”

This chapter may be cited as the “Respiratory Care Practice Act.”

Section § 3701

Explanation

This law explains that respiratory care in California is important for public health and must be regulated to ensure that only qualified people practice it. The law recognizes that respiratory care is constantly evolving with new techniques and treatments. It also acknowledges that there are shared responsibilities among various healthcare professionals, like doctors and nurses, when it comes to patient care. Licensed healthcare organizations, such as hospitals and clinics, can allow respiratory care workers to perform a wide range of duties, even those not specifically related to respiratory care, if they are qualified. This sharing of duties helps to improve patient care across different health services.

(a)CA Business & Professions Code § 3701(a) The Legislature finds and declares that the practice of respiratory care in California affects the public health, safety, and welfare and is to be subject to regulation and control in the public interest to protect the public from the unauthorized and unqualified practice of respiratory care and from unprofessional conduct by persons licensed to practice respiratory care. The Legislature also recognizes the practice of respiratory care to be a dynamic and changing art and science, the practice of which is continually evolving to include newer ideas and more sophisticated techniques in patient care.
(b)CA Business & Professions Code § 3701(b) It is the intent of the Legislature in this chapter to provide clear legal authority for functions and procedures which have common acceptance and usage. It is the intent also to recognize the existence of overlapping functions between physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care personnel, and to permit additional sharing of functions within organized health care systems. The organized health care systems include, but are not limited to, health facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, clinics, home health agencies, physicians’ offices, and public or community health services.
(c)CA Business & Professions Code § 3701(c) For purposes of this section, it is the intent of the Legislature that “overlapping functions” includes, but is not limited to, providing therapy, management, rehabilitation, diagnostic evaluation, and care for nonrespiratory-related diagnoses or conditions provided (1) a health care facility has authorized the respiratory care practitioner to provide these services and (2) the respiratory care practitioner has maintained current competencies in the services provided, as needed.

Section § 3702

Explanation

This law explains what respiratory care involves in California. It defines respiratory care as work that helps patients with lung and heart-related issues under the direction of a doctor. This care includes providing safe and preventive treatments, delivering medicine, observing patient reactions, and running tests as prescribed by a doctor. Respiratory care practitioners might use gases, machines, or specific techniques to help with breathing or collect samples for testing. They can also carry out doctor’s instructions both in writing and verbally. The law clarifies that care extends to heart and circulation issues and specifies the development of respiratory care protocols working with health professionals.

(a)CA Business & Professions Code § 3702(a) Respiratory care as a practice means a health care profession employed under the supervision of a medical director in the therapy, management, rehabilitation, diagnostic evaluation, and care of patients with deficiencies and abnormalities which affect the pulmonary system and associated aspects of cardiopulmonary and other systems functions, and includes all of the following:
(1)CA Business & Professions Code § 3702(a)(1) Direct and indirect pulmonary care services that are safe, aseptic, preventive, and restorative to the patient.
(2)CA Business & Professions Code § 3702(a)(2) Direct and indirect respiratory care services, including, but not limited to, the administration of pharmacological and diagnostic and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic regimen prescribed by a physician and surgeon.
(3)CA Business & Professions Code § 3702(a)(3) Observation and monitoring of signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing and (A) determination of whether such signs, symptoms, reactions, behavior, or general response exhibits abnormal characteristics; (B) implementation based on observed abnormalities of appropriate reporting or referral or respiratory care protocols, or changes in treatment regimen, pursuant to a prescription by a physician and surgeon or the initiation of emergency procedures.
(4)CA Business & Professions Code § 3702(a)(4) The diagnostic and therapeutic use of any of the following, in accordance with the prescription of a physician and surgeon: administration of medical gases, exclusive of general anesthesia; aerosols; humidification; environmental control systems and baromedical therapy; pharmacologic agents related to respiratory care procedures; mechanical or physiological ventilatory support; bronchopulmonary hygiene; cardiopulmonary resuscitation; maintenance of the natural airways; insertion without cutting tissues and maintenance of artificial airways; diagnostic and testing techniques required for implementation of respiratory care protocols; collection of specimens of blood; collection of specimens from the respiratory tract; analysis of blood gases and respiratory secretions.
(5)CA Business & Professions Code § 3702(a)(5) The transcription and implementation of the written and verbal orders of a physician and surgeon pertaining to the practice of respiratory care.
(b)CA Business & Professions Code § 3702(b) As used in this section, the following apply:
(1)CA Business & Professions Code § 3702(b)(1) “Associated aspects of cardiopulmonary and other systems functions” includes patients with deficiencies and abnormalities affecting the heart and cardiovascular system.
(2)CA Business & Professions Code § 3702(b)(2) “Respiratory care protocols” means policies and protocols developed by a licensed health facility through collaboration, when appropriate, with administrators, physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care practitioners.

Section § 3702.5

Explanation
This law says that only the board responsible for respiratory care can clarify or set protocols for what respiratory care involves. No other state agency can do this unless a specific state or federal law says they can. The board can make rules outlining what basic, intermediate, and advanced respiratory tasks and services entail, based on the level of education, training, and credentialing needed for each level.
Except for the board, a state agency may not define or interpret the practice of respiratory care for those licensed pursuant to this chapter, or develop standardized procedures or protocols pursuant to this chapter, unless authorized by this chapter or specifically required by state or federal statute. The board may adopt regulations to further define, interpret, or identify all of the following:
(a)CA Business & Professions Code § 3702.5(a) Basic respiratory tasks and services that do not require a respiratory assessment and only require manual, technical skills, or data collection.
(b)CA Business & Professions Code § 3702.5(b) Intermediate respiratory tasks, services, and procedures that require formal respiratory education and training.
(c)CA Business & Professions Code § 3702.5(c) Advanced respiratory tasks, services, and procedures that require supplemental education, training, or additional credentialing consistent with national standards, as applicable.

Section § 3702.7

Explanation

This law explains what practices are considered part of respiratory care in California. It includes providing ventilatory or oxygen support through different devices, administering medical gases and drugs for sedation under a doctor's supervision, and performing any form of extracorporeal life support like ECMO. It also involves educating people about respiratory care and dealing with sleep and wake disorders.

The respiratory care practice is further defined and includes, but is not limited to, the following:
(a)CA Business & Professions Code § 3702.7(a) Mechanical or physiological ventilatory support as used in paragraph (4) of subdivision (a) of Section 3702 includes, but is not limited to, any system, procedure, machine, catheter, equipment, or other device used in whole or in part, to provide ventilatory or oxygenating support.
(b)CA Business & Professions Code § 3702.7(b) Administration of medical gases and pharmacological agents for the purpose of inducing conscious or deep sedation under physician and surgeon supervision and the direct orders of the physician and surgeon performing the procedure.
(c)CA Business & Professions Code § 3702.7(c) All forms of extracorporeal life support, including, but not limited to, extracorporeal membrane oxygenation (ECMO) and extracorporeal carbon dioxide removal (ECCO2R).
(d)CA Business & Professions Code § 3702.7(d) Educating students, health care professionals, or consumers about respiratory care, including, but not limited to, education of respiratory core courses or clinical instruction provided as part of a respiratory educational program and educating health care professionals or consumers about the operation or application of respiratory care equipment and appliances.
(e)CA Business & Professions Code § 3702.7(e) The treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders as provided in Chapter 7.8 (commencing with Section 3575).

Section § 3703

Explanation

This law explains where respiratory care can be provided and how it should be managed. Respiratory care can take place in various healthcare settings such as hospitals, clinics, and even at home or in the community. It can also be given during patient transport and emergencies. Importantly, this care must be supervised by a medical director and follow a doctor's prescription or specific respiratory care protocols.

(a)CA Business & Professions Code § 3703(a) The settings in which respiratory care may be practiced include licensed health care facilities, hospitals, clinics, ambulatory or home health care, physicians’ offices, nurse practitioners’ offices, and public or community health services. Respiratory care may also be provided during the transportation of a patient, and under any circumstances where an emergency necessitates respiratory care.
(b)CA Business & Professions Code § 3703(b) The practice of respiratory care shall be performed under the supervision of a medical director in accordance with a prescription of a physician and surgeon or pursuant to respiratory care protocols as specified in Section 3702.

Section § 3704

Explanation

This section explains the specific meanings of terms used in a chapter related to respiratory care in California. 'Board' refers to the Respiratory Care Board of California, which oversees the field. 'Department' is the Department of Consumer Affairs. A 'Medical director' is a physician knowledgeable in respiratory care within a healthcare facility. 'Respiratory care' involves activities like respiratory or inhalation therapy. A 'Respiratory therapy school' is a program approved by the board, and 'State agency' covers various state entities.

As used in this chapter, these terms shall be defined as follows:
(a)CA Business & Professions Code § 3704(a) “Board” means the Respiratory Care Board of California.
(b)CA Business & Professions Code § 3704(b) “Department” means the Department of Consumer Affairs.
(c)CA Business & Professions Code § 3704(c) “Medical director” means a physician and surgeon who is a member of a health care facility’s active medical staff and who is knowledgeable in respiratory care.
(d)CA Business & Professions Code § 3704(d) “Respiratory care” includes “respiratory therapy” or “inhalation therapy,” where those terms mean respiratory care.
(e)CA Business & Professions Code § 3704(e) “Respiratory therapy school” means a program reviewed and approved by the board.
(f)CA Business & Professions Code § 3704(f) “State agency” includes every state office, officer, department, division, bureau, board, authority, and commission.

Section § 3705

Explanation

This law clarifies that respiratory care practitioners cannot perform medical or surgical tasks or any other healing practices unless they are specifically allowed to do so under this chapter.

Nothing in this chapter shall be construed as authorizing a respiratory care practitioner to practice medicine, surgery, or any other form of healing, except as authorized by this chapter.

Section § 3706

Explanation

If you're a licensed professional and you help someone in an emergency that happens outside your job, you won't be held responsible for any civil damages caused by your actions, as long as you're acting in good faith. However, this protection doesn't apply if you act with extreme carelessness or gross negligence.

A person licensed under this chapter who in good faith renders emergency care at the scene of an emergency which occurs outside both the place and the course of employment shall not be liable for any civil damages as the result of acts or omissions by the person in rendering the emergency care.
This section does not grant immunity from civil damages when the person is grossly negligent.