Bill Text: CA AB1972 | 2013-2014 | Regular Session | Chaptered
Bill Title: Respiratory care practitioners.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-07-23 - Chaptered by Secretary of State - Chapter 179, Statutes of 2014. [AB1972 Detail]
Download: California-2013-AB1972-Chaptered.html
BILL NUMBER: AB 1972 CHAPTERED
BILL TEXT
CHAPTER 179
FILED WITH SECRETARY OF STATE JULY 23, 2014
APPROVED BY GOVERNOR JULY 23, 2014
PASSED THE SENATE JULY 3, 2014
PASSED THE ASSEMBLY MAY 8, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Jones
FEBRUARY 19, 2014
An act to amend Sections 3730, 3735, and 3739 of, and to repeal
Section 3735.5 of, the Business and Professions Code, relating to
respiratory care.
LEGISLATIVE COUNSEL'S DIGEST
AB 1972, Jones. Respiratory care practitioners.
(1) Under the Respiratory Care Practice Act, the Respiratory Care
Board of California licenses and regulates the practice of
respiratory care and therapy. The act requires an applicant to
successfully pass the national respiratory therapist examination
conducted in accordance with board regulations.
This bill would, instead, require an applicant to pass all parts
of the national registered respiratory therapist examination, unless
an applicant provides evidence that he or she passed the national
certified respiratory therapist examination prior to January 1, 2015,
and there is no evidence of prior license or job-related discipline,
as determined by the board in its discretion. The bill would make
conforming changes.
(2) The act authorizes a person who has filed an application for
licensure with the board to perform as a respiratory care
practitioner applicant under the direct supervision of a respiratory
care practitioner, if the applicant has met education requirements
and passed the national respiratory therapist examination, if he or
she ever attempted the examination. Those privileges automatically
cease if the applicant fails that examination.
This bill would authorize the board to extend the dates an
applicant may perform as a respiratory care practitioner applicant
for up to 6 months when the applicant is unable to complete the
application for licensure process due to causes outside his or her
control, or when the applicant provides evidence that he or she has
successfully passed the national certified respiratory therapist
examination, and the applicant has otherwise completed the
application for licensure process and has not previously been
authorized to practice as a respiratory care practitioner applicant.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3730 of the Business and Professions Code is
amended to read:
3730. (a) 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."
(b) 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 one or
more examinations.
(c) The application shall contain other information as the board
deems necessary to determine the qualifications of the applicant.
SEC. 2. Section 3735 of the Business and Professions Code is
amended to read:
3735. (a) Except as otherwise provided in this chapter, an
applicant shall not receive a license under this chapter without
first successfully passing all parts of the national registered
respiratory therapist examination.
(b) Notwithstanding subdivision (a), any person applying for
licensure who provides evidence that he or she passed the national
certified respiratory therapist examination prior to January 1, 2015,
shall not be required to pass the national registered respiratory
therapist examination, if there is no evidence of prior license or
job-related discipline, as determined by the board in its discretion.
SEC. 3. Section 3735.5 of the Business and Professions Code is
repealed.
SEC. 4. Section 3739 of the Business and Professions Code is
amended to read:
3739. (a) 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 if he or she has
met education requirements for licensure as may be certified by his
or her respiratory care program.
(b) The board may extend the dates an applicant may perform as a
respiratory care practitioner applicant under either of the following
circumstances:
(1) When the applicant is unable to complete the licensure
application due to causes completely outside his or her control.
(2) When the applicant provides evidence that he or she has
successfully passed the national certified respiratory therapist
examination, and the applicant has otherwise completed the
application for licensure process and has not previously been
authorized to practice as a respiratory care practitioner applicant
under this subdivision.
(c) Authorization to practice as a respiratory care practitioner
applicant pursuant to paragraph (2) of subdivision (b) shall not
exceed six months from the date of graduation or the date the
application was filed, whenever is later.
(d) During this period the applicant shall identify himself or
herself only as a "respiratory care practitioner applicant."
(e) If for any reason the license is not issued, all privileges
under subdivision (a) shall automatically cease on the date specified
by the board.
(f) This section shall not be construed to prohibit the board from
denying or rescinding the privilege to work as a respiratory care
practitioner applicant for any reason, including, but not limited to,
failure to pass the registered respiratory therapist examination or
if cause exists to deny the license.
(g) "Under the direct supervision" means assigned to a respiratory
care practitioner who is on duty and immediately available in the
assigned patient care area.
