SECTIONS 3730-3739 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 3730-3739

3730. 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."
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 an
examination.
The application shall contain other information as the board deems
necessary to determine the qualifications of the applicant.

3731. 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.

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) 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.

3735. Except as otherwise provided in this chapter, no applicant
shall receive a license under this chapter without first successfully
passing the national respiratory therapist examination conducted by
those persons, and in the manner and under the rules and regulations,
as the board may prescribe.

3735.5. The requirements to pass the written examination shall not
apply to an applicant who at the time of his or her application has
passed, to the satisfaction of the board, an examination that is, in
the opinion of the board, equivalent to the examination given in this
state.

3739. (a) (1) 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 provided he or
she has met education requirements for licensure as may be certified
by his or her respiratory care program, and if ever attempted, has
passed the national respiratory therapist examination.
(2) During this period the applicant shall identify himself or
herself only as a "respiratory care practitioner applicant."
(3) If for any reason the license is not issued, all privileges
under this subdivision shall automatically cease on the date
specified by the board.
(b) If an applicant fails the national respiratory therapist
examination, all privileges under this section shall automatically
cease on the date specified by the board.
(c) No applicant for a respiratory care practitioner license shall
be authorized to perform as a respiratory care practitioner
applicant if cause exists to deny the license.
(d) "Under the direct supervision" means assigned to a respiratory
care practitioner who is on duty and immediately available in the
assigned patient care area.