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Business and Professions Code - BPC - BPC § 3755
Business and Professions Code - BPC - BPC § 3755
(a) The board may take action against a respiratory care practitioner who is charged with unprofessional conduct in administering, or attempting to administer, direct or indirect respiratory care in any care setting. Unprofessional conduct includes, but is not limited to, the fol
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Business and Professions Code - BPC - BPC § 3756
Business and Professions Code - BPC - BPC § 3756
(a) A respiratory care practitioner who provides respiratory care may be ordered to undergo a professional competency examination approved by the board if, after investigation and review by one or more respiratory care practitioner consultants of the board, there is reasonable ca
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Business and Professions Code - BPC - BPC § 3757
Business and Professions Code - BPC - BPC § 3757
The board may refuse to issue a license or an authorization to work as a “respiratory care practitioner applicant” whenever it appears that the applicant may be unable to practice his or her profession safely due to mental illness or chemical dependency. The procedures set forth
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Business and Professions Code - BPC - BPC § 3758
Business and Professions Code - BPC - BPC § 3758
(a) Any employer of a respiratory care practitioner shall report to the Respiratory Care Board of California any leave, resignation, suspension, or termination for cause of any practitioner in their employ. The reporting required herein shall not act as a waiver of confidentialit
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Business and Professions Code - BPC - BPC § 3758.5
Business and Professions Code - BPC - BPC § 3758.5
If a licensee has knowledge that another person may be in violation of, or has violated, any of the statutes or regulations administered by the board, the licensee shall report this information to the board in writing and shall cooperate with the board in furnishing information o
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Business and Professions Code - BPC - BPC § 3758.6
Business and Professions Code - BPC - BPC § 3758.6
(a) In addition to the reporting required under Section 3758, an employer shall also report to the board the name, professional licensure type and number, and title of the person supervising the licensee who has been subject to leave, resignation, suspension, or termination for c
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Business and Professions Code - BPC - BPC § 3759
Business and Professions Code - BPC - BPC § 3759
Pursuant to Section 43.8 of the Civil Code, no person shall incur any civil penalty as a result of making any report required by this chapter.
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Business and Professions Code - BPC - BPC § 3760
Business and Professions Code - BPC - BPC § 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
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Business and Professions Code - BPC - BPC § 3760.5
Business and Professions Code - BPC - BPC § 3760.5
The board shall share all complaints and information related to investigations involving a person licensed pursuant to Chapter 6.5 (commencing with Section 2840), including, but not limited to, data, findings, interviews, and evidence, with the Board of Vocational Nursing and Psy
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Business and Professions Code - BPC - BPC § 3761
Business and Professions Code - BPC - BPC § 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
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Business and Professions Code - BPC - BPC § 3762
Business and Professions Code - BPC - BPC § 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.
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Business and Professions Code - BPC - BPC § 3763
Business and Professions Code - BPC - BPC § 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 ($1,000) or imprisonment in a county jail not exceeding six months, or both, for each offense.
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Business and Professions Code - BPC - BPC § 3764
Business and Professions Code - BPC - BPC § 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 resp
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Business and Professions Code - BPC - BPC § 3765
Business and Professions Code - BPC - BPC § 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 fr
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Business and Professions Code - BPC - BPC § 3766
Business and Professions Code - BPC - BPC § 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 cha
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Business and Professions Code - BPC - BPC § 3767
Business and Professions Code - BPC - BPC § 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 capa
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Business and Professions Code - BPC - BPC § 3768
Business and Professions Code - BPC - BPC § 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 pers
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Business and Professions Code - BPC - BPC § 3769.3
Business and Professions Code - BPC - BPC § 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, an
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Business and Professions Code - BPC - BPC § 3770
Business and Professions Code - BPC - BPC § 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
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Business and Professions Code - BPC - BPC § 3771
Business and Professions Code - BPC - BPC § 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
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Business and Professions Code - BPC - BPC § 3772
Business and Professions Code - BPC - BPC § 3772
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 so
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Business and Professions Code - BPC - BPC § 3773
Business and Professions Code - BPC - BPC § 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
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Business and Professions Code - BPC - BPC § 3774
Business and Professions Code - BPC - BPC § 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
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Business and Professions Code - BPC - BPC § 3775
Business and Professions Code - BPC - BPC § 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 subd
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Business and Professions Code - BPC - BPC § 3775.5
Business and Professions Code - BPC - BPC § 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.