SECTIONS 3710-3722 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 3710-3722

3710. (a) The Respiratory Care Board of California, hereafter
referred to as the board, shall enforce and administer this chapter.
(b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).

3710.1. 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.

3711. 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.

3712. The members of the board shall be appointed as follows:
(a) Two respiratory care practitioners and one public member shall
be appointed by the Speaker of the Assembly.
(b) One physician and surgeon, one respiratory care practitioner,
and one public member shall be appointed by the Senate Rules
Committee.
(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.

3713. (a) The public members shall be appointed from persons having
the following qualifications:
(1) Be a citizen of the United States of America.
(2) Be a resident of the State of California.
(3) Shall not be an officer or faculty member of any college,
school, or institution engaged in respiratory therapy education.
(4) Shall not be licensed by the board or by any board under this
division.
(5) Shall have no pecuniary interests in the provision of health
care.
(b) The respiratory care practitioner members shall be appointed
from persons licensed as respiratory care practitioners having the
following qualifications:
(1) Be a citizen of the United States of America.
(2) Be a resident of the State of California.
(3) One respiratory care practitioner shall be an officer or
faculty member of any college, school, or institution engaged in
respiratory therapy education.
(4) Three respiratory care practitioners shall be involved in
direct patient care.
(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) The physician and surgeon member shall be appointed from
persons having the following qualifications:
(1) Be a citizen of the United States of America.
(2) Be a resident of the State of California.
(3) Be a licensed practicing physician and surgeon in the State of
California.
(4) Be knowledgeable in respiratory care.

3715. Each member of the board shall receive a per diem and
expenses as provided in Section 103.

3716. 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.
This section shall remain in effect only until January 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2014, deletes or extends that date.

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) 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.

3718. The board shall issue, deny, suspend, and revoke licenses to
practice respiratory care as provided in this chapter.

3719. 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.

3719.5. 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) As part of continuing education.
(b) Prior to initial licensure.
(c) Prior to consideration of a reinstatement petition.

3720. 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.

3722. 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.