Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) The board may waive the education
requirements in section
3740 of the B&P if an
applicant for licensure
(1) Either
successfully completed a minimum of a one-year respiratory care program
supported by the Committee on Accreditation for Respiratory Care or its
predecessor, prior to July 1, 2004 or previously held a license in good
standing issued by the board and
(A) Holds a
current valid license in good standing in another state, United States
territory or Canadian province and has practiced respiratory care in that
jurisdiction for a minimum of two years full time within the three years
immediately preceding filing an application for licensure in this state;
or
(B) Has practiced respiratory
care in another state or United States territory, for a minimum of three years
full time within the four years immediately preceding filing an application for
licensure in this state, and that state or territory does not regulate the
practice of respiratory care at the time the application for licensure is
filed.
(2) Has not
completed a respiratory care program described in subdivision (1) above but
either
(A) Holds a current valid license in
good standing in another state, United States territory or Canadian province
and has competently practiced respiratory care in that state, United States
territory or Canadian province for a minimum of four years full time within the
five years immediately preceding filing an application for licensure in this
state; or
(B) Has practiced
respiratory care in another state or United States territory, for a minimum of
five years full time within the six years immediately preceding filing an
application for licensure in this state, and that state or territory does not
license the practice of respiratory care at the time the application for
licensure is filed.
(3)
Does not meet the criteria described in subdivisions (1) or (2) above, but
(A) Has completed a minimum of a one-year
respiratory care program supported by the Committee on Accreditation for
Respiratory Care or its predecessor, and
(B) Has practiced respiratory care while
serving in the U.S. military for a minimum of two years, full time, within the
four years immediately preceding filing an application for licensure in this
state, and
(C) The U.S. military
verifies the applicant is in "good standing" as it pertains to his or her past
or current employment.
(b) As used in this section, "good standing"
means the applicant
(1) is not currently
under investigation;
(2) has not
been charged with an offense for any act substantially related to the practice
of respiratory care by any public agency;
(3) has not entered into any consent
agreement or been subject to an administrative disciplinary decision including
any voluntary surrender of license; and
(4) has not been the subject of an adverse
judgment or arbitration award resulting from a claim or action for damages for
death or personal injury caused by that person's negligence, error or omission
in the practice of respiratory care.
(c) An applicant must provide sufficient
documentary evidence to establish to the satisfaction of the board, that the
applicant meets each requirement in the pathway under which the applicant is
attempting to qualify. An applicant shall sign a release authorizing the board
to obtain copies of personnel records or any other documentation that
establishes the applicant's qualifications for a waiver of the educational
requirements.
(d) This section
shall not be construed to require the board to waive education requirements for
any reason including, but not limited to, poor work performance, habits or
communication, insufficient documentation to ascertain waiver criteria has been
met, or employment with staffing agencies or registries where the applicant's
experience is based on working at three or more sites.
(e) The application fee shall not be refunded
for any application where education requirements are not waived pursuant to
this section.
1. New section
filed 12-11-97; operative 1-10-98 (Register 97, No. 50).
2.
Amendment of section heading and repealer and new section filed 4-22-2004;
operative 5-22-2004 (Register 2004, No. 17).
3. Amendment of
subsection (a), new subsections (a)(3)-(a)(3)(C), amendment of subsection (d),
new subsection (e) and amendment of NOTE filed 5-25-2012; operative 6-24-2012
(Register 2012, No. 21).
Note: Authority cited: Section
3722,
Business and Professions Code. Reference: Sections
35
and
3740,
Business and Professions Code.