SECTIONS 3770-3779 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 3770-3779

3770. The department shall keep a record of its proceedings under
this chapter, and a register of all persons licensed under it. The
register shall show the name of every living licensed respiratory
care practitioner, his or her last known place of residence, or
address of record, and the date and number of his or her certificate
as a respiratory care practitioner. The department shall, once every
two years, compile a list of respiratory care practitioners
authorized to practice respiratory care in the state. Any interested
person is entitled to obtain a copy of that list upon application to
the department and payment of an amount as may be fixed by the
department, which amount shall not exceed the cost of the list so
furnished.

3771. Within 10 days after the beginning of each calendar month,
the board shall report to the Controller the amount and source of all
collections made from persons licensed or seeking to be licensed
under this chapter, and all fines and forfeitures to which the board
is entitled, and at the same time, pay all these sums into the State
Treasury, where they shall be credited to the Respiratory Care Fund,
which is hereby created to carry out the purposes of this chapter.

3772. (a) There is established in the State Treasury the
Respiratory Care Fund. All collections from persons licensed or
seeking to be licensed under this chapter shall be paid by the board
into the fund after the report to the Controller at the beginning of
each month of the amount and source of the collections.

3773. (a) At the time of application for renewal of a respiratory
care practitioner license, the licensee shall notify the board of all
of the following:
(1) Whether he or she has been convicted of any crime subsequent
to the licensee's previous renewal.
(2) The name and address of the licensee's current employer or
employers.
(b) The licensee shall cooperate in furnishing additional
information as requested by the board. If the licensee fails to
provide the requested information within 30 days, the license shall
be made inactive until the information is received.

3774. On or before the birthday of a licensed practitioner in every
other year, following the initial licensure, the board shall mail to
each practitioner licensed under this chapter, at the latest address
furnished by the licensed practitioner to the executive officer of
the board, a notice stating the amount of the renewal fee and the
date on which it is due. The notice shall state that failure to pay
the renewal fee on or before the due date and submit evidence of
compliance with Sections 3719 and 3773 shall result in expiration of
the license.
Each license not renewed in accordance with this section shall
expire but may within a period of three years thereafter be
reinstated upon payment of all accrued and unpaid renewal fees and
penalty fees required by this chapter. The board may also require
submission of proof of the applicant's qualifications, except that
during the three-year period no examination shall be required as a
condition for the reinstatement of any expired license that has
lapsed solely by reason of nonpayment of the renewal fee.

3775. The amount of fees provided in connection with licenses or
approvals for the practice of respiratory care shall be as follows:
(a) The application fee shall be established by the board at not
more than three hundred dollars ($300). The application fee for the
applicant under subdivision (c) of Section 3740 shall be established
by the board at not more than three hundred fifty dollars ($350).
(b) The fees for any examination or reexamination required by the
board shall be the actual cost to the board for developing,
purchasing, grading, and administering each examination or
reexamination.
(c) The initial license fee for a respiratory care practitioner
shall be no more than three hundred dollars ($300).
(d) For any license term beginning on or after January 1, 1999,
the renewal fee shall be established at two hundred thirty dollars
($230). The board may increase the renewal fee, by regulation, to an
amount not to exceed three hundred thirty dollars ($330). The board
shall fix the renewal fee so that, together with the estimated amount
from revenue, the reserve balance in the board's contingent fund
shall be equal to approximately six months of annual authorized
expenditures. If the estimated reserve balance in the board's
contingent fund will be greater than six months, the board shall
reduce the renewal fee. In no case shall the fee in any year be more
than 10 percent greater than the amount of the fee in the preceding
year.
(e) The delinquency fee shall be established by the board at not
more than the following amounts:
(1) If the license is renewed not more than two years from the
date of its expiration, the delinquency fee shall be 100 percent of
the renewal fee in effect at the time or renewal.
(2) If the license is renewed after two years, but not more than
three years, from the date of expiration of the license, the
delinquency fee shall be 200 percent of the renewal fee in effect at
the time of renewal.
(f) The duplicate license fee shall not exceed seventy-five
dollars ($75).
(g) The endorsement fee shall not exceed one hundred dollars
($100).
(h) Costs incurred by the board in order to obtain and review
documents or information related to the criminal history of,
rehabilitation of, disciplinary actions taken by another state agency
against, or acts of negligence in the practice of respiratory care
by, an applicant or licensee, shall be paid by the applicant or
licensee before a license will be issued or a subsequent renewal
processed.
(i) Fees paid in any form other than check, money order, or
cashier's check shall be subject to an additional processing charge
equal to the board's actual processing costs.
(j) Fees incurred by the board to process return mail shall be
paid by the applicant or licensee for whom the charges were incurred.
(k) Notwithstanding any other provision of this chapter, the
board, in its discretion, may reduce the amount of any fee otherwise
prescribed by this section.

3775.5. The fee for an inactive license shall be the same as the
renewal fee for the practice of respiratory care as specified in
Section 3775.

3775.6. (a) A licensee may request that his or her license be
placed in a "retired" status at any time, provided the license has
not been canceled, and any outstanding fines, cost recovery, and
monthly probation monitoring costs are paid in full.
(b) An individual with retired status is not subject to any
renewal or reporting requirements.
(c) Once an individual is placed on retired status, all privileges
to practice respiratory care are rescinded. If an individual
practices with a "retired" license, the individual will be subject to
discipline as prescribed by this chapter for the unlicensed practice
of respiratory care.

3776. (a) Any person who submits to the board a check for fees that
is returned unpaid shall pay all subsequent required fees by cashier'
s check or money order.
(b) Any person who submits to the board a check for fees that is
returned unpaid shall be assessed an additional processing fee as
determined by the board.

3777. Where an applicant is issued a license to practice
respiratory care, and it is later discovered that all required fees
have not been paid, approved continuing education is not reported or
completed, employer information is not reported, or any other
requirements as prescribed by this chapter are not met, the license
shall not be renewed or reinstated unless all past and current
required fees have been paid and all requirements are met.

3778. Notwithstanding any other provision of law, the board may
contract with a collection service for the purpose of collecting
outstanding fees, fines, or cost recovery amounts, and may release
personal information, including the birth date, telephone number, and
social security number of any applicant or licensee for this
purpose. The contractual agreement shall provide that the collection
service shall not inappropriately use or release personal
information, and shall provide safeguards to ensure that the
information is protected from inappropriate disclosure. The
contractual agreement shall hold the collection service liable for
inappropriate use or disclosure of personal information.

3779. For purposes of license verification, a person may rely upon
the licensing information as it is displayed on the board's Internet
Web site that includes the issuance and expiration dates of any
license issued by the board.