2005 California Business and Professions Code Sections 3740-3742 Article 4. Education Standards

3740.  (a) Except as otherwise provided in this chapter, all
applicants for licensure under this chapter shall have completed an
education program for respiratory care that is accredited by the
Commission on Accreditation of Allied Health Education Programs and
been awarded a minimum of an associate degree from an institution or
university accredited by a regional accreditation agency or
association recognized by the United States Department of Education.
   (b) Notwithstanding subdivision (a), meeting the following
qualifications shall be deemed equivalent to the required education:
   (1) Enrollment in a baccalaureate degree program in an institution
or university accredited by a regional accreditation agency or
association recognized by the United States Department of Education.
   (2) Completion of science, general academic, and respiratory
therapy coursework commensurate with the requirements for an
associate degree in subdivision (a).
   (c) An applicant whose application is based on a diploma issued to
the applicant by a foreign respiratory therapy school or a
certificate or license issued by another state, district, or
territory of the United States that does not meet the requirements in
subdivision (a) or (b), shall enroll in an advanced standing and
approved respiratory educational program for evaluation of his or her
education and training and furnish documentary evidence,
satisfactory to the board, that he or she satisfies all of the
following requirements:
   (1) Holds an associate degree or higher level degree equivalent to
that required in subdivision (a) or (b).
   (2) Completion of a respiratory therapy educational program
equivalent to that required in subdivision (a) or (b).
   (3) Possession of knowledge and skills to competently and safely
practice respiratory care in accordance with national standards.
   (d) Notwithstanding subdivision (c), an applicant whose
application is based on education provided by a Canadian institution
or university that does not meet the requirements in subdivision (a)
or (b) shall furnish documentary evidence, satisfactory to the board,
that he or she satisfies both of the following requirements:
   (1) Holds a degree equivalent to that required in subdivision (a)
or (b).
   (2) Completion of a respiratory therapy educational program
recognized by the Canadian Board of Respiratory Care.
   (e) A school shall give the director of a respiratory care program
adequate release time to perform his or her administrative duties
consistent with the established policies of the educational
institution.
   (f) Satisfactory evidence as to educational qualifications shall
take the form of certified transcripts of the applicant's college
record mailed directly to the board from the educational institution.
  However, the board may require an evaluation of educational
credentials by an evaluation service approved by the board.
   (g) At the board's discretion, it may waive its educational
requirements if evidence is presented and the board deems it as
meeting the current educational requirements that will ensure the
safe and competent practice of respiratory care.  This evidence may
include, but is not limited to:
   (1) Work experience.
   (2) Good standing of licensure in another state.
   (3) Previous good standing of licensure in the State of
California.
   (h) Nothing contained in this section shall prohibit the board
from disapproving any respiratory therapy school, nor from denying
the applicant if the instruction, including modalities and
advancements in technology, received by the applicant or the courses
were not equivalent to that required by the board.
3741.  (a) During the period of any clinical training, respiratory
care services may be rendered by a student enrolled in an approved
respiratory care training program when these services are incidental
to his or her course of study.
   (b) A person engaged in a respiratory care training program as a
student shall be identified only as a "student respiratory care
practitioner."
3742.  During the period of any clinical training, a student
respiratory care practitioner shall be under the direct supervision
of a person holding a valid and current license issued under this
chapter.  "Under the direct supervision" means assigned to a
respiratory care practitioner who is on duty and immediately
available in the assigned patient care area.