SECTIONS 3700-3706 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 3700-3706

3700. This chapter may be cited as the "Respiratory Care Practice
Act."

3701. 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.
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.

3702. 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:
(a) Direct and indirect pulmonary care services that are safe,
aseptic, preventive, and restorative to the patient.
(b) 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.
(c) Observation and monitoring of signs and symptoms, general
behavior, general physical response to respiratory care treatment and
diagnostic testing and (1) determination of whether such signs,
symptoms, reactions, behavior, or general response exhibits abnormal
characteristics; (2) 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.
(d) 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.
(e) The transcription and implementation of the written and verbal
orders of a physician and surgeon pertaining to the practice of
respiratory care.
"Respiratory care protocols" as used in this section 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.

3702.7. Mechanical or physiological ventilatory support as used in
subdivision (d) 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.

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, 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) 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.

3704. As used in this chapter, these terms shall be defined as
follows:
(a) "Board" means the Respiratory Care Board of California.
(b) "Department" means the Department of Consumer Affairs.
(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) "Respiratory care" includes "respiratory therapy" or
"inhalation therapy," where those terms mean respiratory care.
(e) "Respiratory therapy school" means a program reviewed and
approved by the board.

3705. 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.

3706. 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.