2007 California Business and Professions Code Article 6. Offenses And Enforcement

CA Codes (bpc:3760-3769.3)

3760.  (a) Except as otherwise provided in this chapter, no person
shall engage in the practice of respiratory care, respiratory
therapy, or inhalation therapy.  For purposes of this section,
engaging in the practice of respiratory care includes, but is not
limited to, representations by a person whether through verbal claim,
sign, advertisement, letterhead, business card, or other
representation that he or she is able to perform any respiratory care
service, or performance of any respiratory care service.
   (b) No person who is unlicensed or whose respiratory care
practitioner license has been revoked or suspended, or whose license
is not valid shall engage in the practice of respiratory care during
the period of suspension or revocation, even though the person may
continue to hold a certificate or registration issued by a private
certifying entity.
   (c) Except as otherwise provided in this chapter, no person may
represent himself or herself to be a respiratory care practitioner, a
respiratory therapist, a respiratory care technician, or an
inhalation therapist, or use the abbreviation or letters "R.C.P.,"
"R.P.," "R.T.," or "I.T.," or use any modifications or derivatives of
those abbreviations or letters without a current and valid license
issued under this chapter.
   (d) No respiratory care practitioner applicant shall begin
practice as a "respiratory care practitioner applicant" pursuant to
Section 3739 until the applicant meets the applicable requirements of
this chapter and obtains a valid work permit.



3761.  (a) No person may practice respiratory care or represent
himself or herself to be a respiratory care practitioner in this
state, without a valid license granted under this chapter, except as
otherwise provided in this chapter.
   (b) No person or corporation shall knowingly employ a person who
holds himself or herself out to be a respiratory care practitioner
without a valid license granted under this chapter, except as
otherwise provided in this chapter.


3762.  Nothing in this chapter is intended to limit, preclude, or
otherwise interfere with the practices of other licensed personnel in
carrying out authorized and customary duties and functions.



3763.  Any person who violates any of the provisions of this chapter
shall be guilty of a misdemeanor punishable by a fine not exceeding
one thousand dollars (,000) or imprisonment in a county jail not
exceeding six months, or both, for each offense.



3764.  Whenever any person has engaged or is about to engage in any
acts or practices that constitute or will constitute an offense
against this chapter, the superior court of any county, on
application of the board, the Medical Board of California, or by 10
or more persons holding respiratory care practitioner licenses issued
under this chapter, may issue an injunction or other appropriate
order restraining that conduct.  Proceedings under this section shall
be governed by Chapter 3 (commencing with Section 525) of Title 7 of
Part 2 of the Code of Civil Procedure, except that no undertaking
shall be required in any action commenced by the board.




3765.  This act does not prohibit any of the following activities:
   (a) The performance of respiratory care that is an integral part
of the program of study by students enrolled in approved respiratory
therapy training programs.
   (b) Self-care by the patient or the gratuitous care by a friend or
member of the family who does not represent or hold himself or
herself out to be a respiratory care practitioner licensed under the
provisions of this chapter.
   (c) The respiratory care practitioner from performing advances in
the art and techniques of respiratory care learned through formal or
specialized training.
   (d) The performance of respiratory care in an emergency situation
by paramedical personnel who have been formally trained in these
modalities and are duly licensed under the provisions of an act
pertaining to their speciality.
   (e) Respiratory care services in case of an emergency. "Emergency,"
as used in this subdivision, includes an epidemic or public
disaster.
   (f) Persons from engaging in cardiopulmonary research.
   (g) Formally trained licensees and staff of child day care
facilities from administering to a child inhaled medication as
defined in Section 1596.798 of the Health and Safety Code.
   (h) The performance by a person employed by a home medical device
retail facility or by a home health agency licensed by the State
Department of Health Services of specific, limited, and basic
respiratory care or respiratory care related services that have been
authorized by the board.



3766.  (a) The board may issue a citation containing an order of
abatement and civil penalties against a person who acts in the
capacity of, or engages in the business of, a respiratory care
practitioner in this state without having a license in good standing
issued pursuant to this chapter.
   (b) The board may issue a citation containing an order of
abatement and civil penalties against a person employing or
contracting with a person who acts in the capacity of, or engages in
the business of, a respiratory care practitioner in this state
without having a license in good standing issued pursuant to this
chapter.


3767.  (a) The board shall issue a citation to a person and to his
or her employer or contractor, if, upon inspection or investigation,
either upon complaint or otherwise, the following conditions are met:

   (1) The board has probable cause to believe that the person is
acting in the capacity of, or engaging in the practice of, a
respiratory care practitioner in this state without having a license
in good standing issued pursuant to this chapter.
   (2) The person is not otherwise exempted from the provisions of
this chapter.
   (b) Each citation issued pursuant to subdivision (a) shall meet
all of the following requirements:
   (1) Be in writing and describe with particularity the basis of the
citation.
   (2) Contain an order of abatement and an assessment of a civil
penalty in an amount not less than two hundred dollars (0) nor
more than fifteen thousand dollars (,000).
   (c) A person served with a citation may appeal to the board within
15 calendar days after service of the citation with respect to any
of the following:
   (1) The violations alleged.
   (2) The scope of the order of abatement.
   (3) The amount of the civil penalty assessed.
   (d) If, within 15 calendar days after service of the citation, the
person cited fails to notify the board that he or she intends to
appeal the citation, the citation shall be deemed a final order of
the board and not subject to review by any court or agency.  The
board may extend the 15-day period for good cause.
   (e) (1) If a person cited under this section notifies the board in
a timely manner that he or she intends to contest the citation, the
board shall afford an opportunity for a hearing.
   (2) The board shall thereafter issue a decision, based on findings
of fact, affirming, modifying, or vacating the citation, or
directing other appropriate relief.
   (f) With the approval of the board, the executive officer shall
prescribe procedures for the issuance and appeal of a citation and
procedures for a hearing under this section.  The board shall adopt
regulations covering the assessment of a civil penalty that shall
give due consideration to the gravity of the violation, and any
history of previous violations.
   (g) The sanctions authorized under this section shall be separate
from and in addition to, any other civil or criminal remedies.



3768.  (a) After the exhaustion of the review procedures provided
for in Section 3767, and as adopted by regulation, the board may
apply to the appropriate superior court for both of the following:
   (1) A judgment in the amount of the civil penalty.
   (2) An order compelling the cited person to comply with the order
of abatement.
   (b) The application described in subdivision (a) shall include a
certified copy of the final order of the board.
   (c) The application described in subdivision (a) shall constitute
a sufficient showing to warrant the issuance of the judgment and
order.
   (d) The board may employ collection agencies or other methods in
order to collect civil penalties.



3769.3.  (a) Notwithstanding any other provision, the board may, by
stipulation with the affected licensee, issue a public reprimand,
after it has conducted an investigation, in lieu of filing or
prosecuting a formal accusation.
   (b) The stipulation shall contain the authority, grounds, and
causes and circumstances for taking such action and by way of waiving
the affected licensee's rights, inform the licensee of his or her
rights to have a formal accusation filed and stipulate to a
settlement thereafter or have the matter in the statement of issues
heard before an administrative law judge in accordance with the
Administrative Procedures Act.
   (c) The stipulation shall be public information and shall be used
as evidence in any future disciplinary or penalty action taken by the
board.