Amended IN Senate April 07, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1436Introduced by Senator RothFebruary 18, 2022 An act to amend Sections 3758 3710, 3716, 3758, and 3758.6 of the Business and Professions Code, relating to respiratory therapy.LEGISLATIVE COUNSEL'S DIGESTSB 1436, as amended, Roth. Respiratory therapists: suspension or termination for cause: reporting.(1) Existing law, the Respiratory Care Practice Act, provides for the licensure and regulation of respiratory therapy practitioners by the Respiratory Care Board of California and California, makes a violation of that act a crime. crime, and repeals the act on January 1, 2023. Existing law requires the employer of a respiratory care practitioner to report to the board the suspension or termination for cause of any practitioner in their employ. Existing law defines suspension or termination for cause to mean suspension or termination from employment for specified reasons, including gross incompetence or negligence, falsification of medical records, and the use of controlled substances or alcohol to the extent that it impairs the ability to safely practice respiratory care.This bill would expand the definition of suspension or termination for cause extend the operation of the act to January 1, 2027. The bill would additionally require an employer of a respiratory care practitioner to report to the board the leave or resignation for cause of a practitioner whom they employ. The bill would define leave, resignation, suspension, or termination for cause for these purposes to include administrative leave, employee leave, or resignation resignation, suspension, or termination from employment for specified reasons that would additionally include suspected acts, such as suspected or actual gross incompetence or negligence, suspected or actual falsification of medical records, and the suspected or actual use of controlled substances or alcohol to such an extent that it impairs the ability to safely practice respiratory care. The bill would also require an owner, director, partner, or manager of a registry or agency that places one or more practitioners at any a facility to practice respiratory care to report those specified suspected or actual acts to the board. board under specified circumstances. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. The bill would also make conforming changes.(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3710 of the Business and Professions Code is amended to read:3710. (a) The Respiratory Care Board of California, hereafter referred to as the board, shall enforce and administer this chapter.(b) This section shall remain in effect only until January 1, 2023, 2027, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.SEC. 2. Section 3716 of the Business and Professions Code is amended to read:3716. (a) The board may employ an executive officer exempt from civil service and, subject to the provisions of law relating to civil service, clerical assistants and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties.(b) This section shall remain in effect only until January 1, 2023, 2027, and as of that date is repealed.SECTION 1.SEC. 3. Section 3758 of the Business and Professions Code is amended to read: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 confidentiality of medical records. The information reported or disclosed shall be kept confidential except as provided in subdivision (c) of Section 800, and shall not be subject to discovery in civil cases.(b) For purposes of the section, leave, resignation, suspension, or termination for cause is defined to mean any administrative leave, employee leave, resignation, suspension, or termination from employment for any of the following reasons:(1) Suspected or actual use of controlled substances or alcohol to such an extent that it impairs the ability to safely practice respiratory care.(2) Suspected or actual unlawful sale of controlled substances or other prescription items.(3) Suspected or actual patient neglect, physical harm to a patient, or sexual contact with a patient.(4) Suspected or actual falsification of medical records.(5) Suspected or actual gross incompetence or negligence.(6) Suspected or actual theft from patients, other employees, or the employer.(c) An owner, director, partner, or manager of a registry or agency that places one or more respiratory care practitioners at any facility to practice respiratory care shall report to the Respiratory Care Board of California pursuant to subdivision (a) if either of the following apply:(1) The owner, director, partner, or manager is aware that a respiratory care practitioner is no longer employed at the facility they were placed at by the registry or agency for any behavior described in subdivision (b).(2) The owner, director, partner, or manager is asked to place the practitioner on a do not call list or other status indicating the facility does not want that practitioner placed at their facility for any behavior described in subdivision (b). (d) Failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.SEC. 2.SEC. 4. Section 3758.6 of the Business and Professions Code is amended to read: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 cause, as defined in subdivision (b) of Section 3758. If the supervisor is a licensee under this chapter, the board shall investigate whether due care was exercised by that supervisor in accordance with this chapter. If the supervisor is a health professional, licensed by another licensing board under this division, the employer shall report the name of that supervisor and any and all information pertaining to the leave, resignation, suspension, or termination for cause of the person licensed under this chapter to the appropriate licensing board.(b) The failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.SEC. 3.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Amended IN Senate April 07, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1436Introduced by Senator RothFebruary 18, 2022 An act to amend Sections 3758 3710, 3716, 3758, and 3758.6 of the Business and Professions Code, relating to respiratory therapy.LEGISLATIVE COUNSEL'S DIGESTSB 1436, as amended, Roth. Respiratory therapists: suspension or termination for cause: reporting.(1) Existing law, the Respiratory Care Practice Act, provides for the licensure and regulation of respiratory therapy practitioners by the Respiratory Care Board of California and California, makes a violation of that act a crime. crime, and repeals the act on January 1, 2023. Existing law requires the employer of a respiratory care practitioner to report to the board the suspension or termination for cause of any practitioner in their employ. Existing law defines suspension or termination for cause to mean suspension or termination from employment for specified reasons, including gross incompetence or negligence, falsification of medical records, and the use of controlled substances or alcohol to the extent that it impairs the ability to safely practice respiratory care.This bill would expand the definition of suspension or termination for cause extend the operation of the act to January 1, 2027. The bill would additionally require an employer of a respiratory care practitioner to report to the board the leave or resignation for cause of a practitioner whom they employ. The bill would define leave, resignation, suspension, or termination for cause for these purposes to include administrative leave, employee leave, or resignation resignation, suspension, or termination from employment for specified reasons that would additionally include suspected acts, such as suspected or actual gross incompetence or negligence, suspected or actual falsification of medical records, and the suspected or actual use of controlled substances or alcohol to such an extent that it impairs the ability to safely practice respiratory care. The bill would also require an owner, director, partner, or manager of a registry or agency that places one or more practitioners at any a facility to practice respiratory care to report those specified suspected or actual acts to the board. board under specified circumstances. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. The bill would also make conforming changes.(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Senate April 07, 2022
Amended IN Senate April 07, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 1436
Introduced by Senator RothFebruary 18, 2022
Introduced by Senator Roth
February 18, 2022
An act to amend Sections 3758 3710, 3716, 3758, and 3758.6 of the Business and Professions Code, relating to respiratory therapy.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1436, as amended, Roth. Respiratory therapists: suspension or termination for cause: reporting.
(1) Existing law, the Respiratory Care Practice Act, provides for the licensure and regulation of respiratory therapy practitioners by the Respiratory Care Board of California and California, makes a violation of that act a crime. crime, and repeals the act on January 1, 2023. Existing law requires the employer of a respiratory care practitioner to report to the board the suspension or termination for cause of any practitioner in their employ. Existing law defines suspension or termination for cause to mean suspension or termination from employment for specified reasons, including gross incompetence or negligence, falsification of medical records, and the use of controlled substances or alcohol to the extent that it impairs the ability to safely practice respiratory care.This bill would expand the definition of suspension or termination for cause extend the operation of the act to January 1, 2027. The bill would additionally require an employer of a respiratory care practitioner to report to the board the leave or resignation for cause of a practitioner whom they employ. The bill would define leave, resignation, suspension, or termination for cause for these purposes to include administrative leave, employee leave, or resignation resignation, suspension, or termination from employment for specified reasons that would additionally include suspected acts, such as suspected or actual gross incompetence or negligence, suspected or actual falsification of medical records, and the suspected or actual use of controlled substances or alcohol to such an extent that it impairs the ability to safely practice respiratory care. The bill would also require an owner, director, partner, or manager of a registry or agency that places one or more practitioners at any a facility to practice respiratory care to report those specified suspected or actual acts to the board. board under specified circumstances. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. The bill would also make conforming changes.(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
(1) Existing law, the Respiratory Care Practice Act, provides for the licensure and regulation of respiratory therapy practitioners by the Respiratory Care Board of California and California, makes a violation of that act a crime. crime, and repeals the act on January 1, 2023. Existing law requires the employer of a respiratory care practitioner to report to the board the suspension or termination for cause of any practitioner in their employ. Existing law defines suspension or termination for cause to mean suspension or termination from employment for specified reasons, including gross incompetence or negligence, falsification of medical records, and the use of controlled substances or alcohol to the extent that it impairs the ability to safely practice respiratory care.
This bill would expand the definition of suspension or termination for cause extend the operation of the act to January 1, 2027. The bill would additionally require an employer of a respiratory care practitioner to report to the board the leave or resignation for cause of a practitioner whom they employ. The bill would define leave, resignation, suspension, or termination for cause for these purposes to include administrative leave, employee leave, or resignation resignation, suspension, or termination from employment for specified reasons that would additionally include suspected acts, such as suspected or actual gross incompetence or negligence, suspected or actual falsification of medical records, and the suspected or actual use of controlled substances or alcohol to such an extent that it impairs the ability to safely practice respiratory care. The bill would also require an owner, director, partner, or manager of a registry or agency that places one or more practitioners at any a facility to practice respiratory care to report those specified suspected or actual acts to the board. board under specified circumstances. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. The bill would also make conforming changes.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 3710 of the Business and Professions Code is amended to read:3710. (a) The Respiratory Care Board of California, hereafter referred to as the board, shall enforce and administer this chapter.(b) This section shall remain in effect only until January 1, 2023, 2027, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.SEC. 2. Section 3716 of the Business and Professions Code is amended to read:3716. (a) The board may employ an executive officer exempt from civil service and, subject to the provisions of law relating to civil service, clerical assistants and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties.(b) This section shall remain in effect only until January 1, 2023, 2027, and as of that date is repealed.SECTION 1.SEC. 3. Section 3758 of the Business and Professions Code is amended to read: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 confidentiality of medical records. The information reported or disclosed shall be kept confidential except as provided in subdivision (c) of Section 800, and shall not be subject to discovery in civil cases.(b) For purposes of the section, leave, resignation, suspension, or termination for cause is defined to mean any administrative leave, employee leave, resignation, suspension, or termination from employment for any of the following reasons:(1) Suspected or actual use of controlled substances or alcohol to such an extent that it impairs the ability to safely practice respiratory care.(2) Suspected or actual unlawful sale of controlled substances or other prescription items.(3) Suspected or actual patient neglect, physical harm to a patient, or sexual contact with a patient.(4) Suspected or actual falsification of medical records.(5) Suspected or actual gross incompetence or negligence.(6) Suspected or actual theft from patients, other employees, or the employer.(c) An owner, director, partner, or manager of a registry or agency that places one or more respiratory care practitioners at any facility to practice respiratory care shall report to the Respiratory Care Board of California pursuant to subdivision (a) if either of the following apply:(1) The owner, director, partner, or manager is aware that a respiratory care practitioner is no longer employed at the facility they were placed at by the registry or agency for any behavior described in subdivision (b).(2) The owner, director, partner, or manager is asked to place the practitioner on a do not call list or other status indicating the facility does not want that practitioner placed at their facility for any behavior described in subdivision (b). (d) Failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.SEC. 2.SEC. 4. Section 3758.6 of the Business and Professions Code is amended to read: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 cause, as defined in subdivision (b) of Section 3758. If the supervisor is a licensee under this chapter, the board shall investigate whether due care was exercised by that supervisor in accordance with this chapter. If the supervisor is a health professional, licensed by another licensing board under this division, the employer shall report the name of that supervisor and any and all information pertaining to the leave, resignation, suspension, or termination for cause of the person licensed under this chapter to the appropriate licensing board.(b) The failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.SEC. 3.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 3710 of the Business and Professions Code is amended to read:3710. (a) The Respiratory Care Board of California, hereafter referred to as the board, shall enforce and administer this chapter.(b) This section shall remain in effect only until January 1, 2023, 2027, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SECTION 1. Section 3710 of the Business and Professions Code is amended to read:
### SECTION 1.
3710. (a) The Respiratory Care Board of California, hereafter referred to as the board, shall enforce and administer this chapter.(b) This section shall remain in effect only until January 1, 2023, 2027, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
3710. (a) The Respiratory Care Board of California, hereafter referred to as the board, shall enforce and administer this chapter.(b) This section shall remain in effect only until January 1, 2023, 2027, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
3710. (a) The Respiratory Care Board of California, hereafter referred to as the board, shall enforce and administer this chapter.(b) This section shall remain in effect only until January 1, 2023, 2027, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
3710. (a) The Respiratory Care Board of California, hereafter referred to as the board, shall enforce and administer this chapter.
(b) This section shall remain in effect only until January 1, 2023, 2027, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2. Section 3716 of the Business and Professions Code is amended to read:3716. (a) The board may employ an executive officer exempt from civil service and, subject to the provisions of law relating to civil service, clerical assistants and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties.(b) This section shall remain in effect only until January 1, 2023, 2027, and as of that date is repealed.
SEC. 2. Section 3716 of the Business and Professions Code is amended to read:
### SEC. 2.
3716. (a) The board may employ an executive officer exempt from civil service and, subject to the provisions of law relating to civil service, clerical assistants and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties.(b) This section shall remain in effect only until January 1, 2023, 2027, and as of that date is repealed.
3716. (a) The board may employ an executive officer exempt from civil service and, subject to the provisions of law relating to civil service, clerical assistants and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties.(b) This section shall remain in effect only until January 1, 2023, 2027, and as of that date is repealed.
3716. (a) The board may employ an executive officer exempt from civil service and, subject to the provisions of law relating to civil service, clerical assistants and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties.(b) This section shall remain in effect only until January 1, 2023, 2027, and as of that date is repealed.
3716. (a) The board may employ an executive officer exempt from civil service and, subject to the provisions of law relating to civil service, clerical assistants and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties.
(b) This section shall remain in effect only until January 1, 2023, 2027, and as of that date is repealed.
SECTION 1.SEC. 3. Section 3758 of the Business and Professions Code is amended to read: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 confidentiality of medical records. The information reported or disclosed shall be kept confidential except as provided in subdivision (c) of Section 800, and shall not be subject to discovery in civil cases.(b) For purposes of the section, leave, resignation, suspension, or termination for cause is defined to mean any administrative leave, employee leave, resignation, suspension, or termination from employment for any of the following reasons:(1) Suspected or actual use of controlled substances or alcohol to such an extent that it impairs the ability to safely practice respiratory care.(2) Suspected or actual unlawful sale of controlled substances or other prescription items.(3) Suspected or actual patient neglect, physical harm to a patient, or sexual contact with a patient.(4) Suspected or actual falsification of medical records.(5) Suspected or actual gross incompetence or negligence.(6) Suspected or actual theft from patients, other employees, or the employer.(c) An owner, director, partner, or manager of a registry or agency that places one or more respiratory care practitioners at any facility to practice respiratory care shall report to the Respiratory Care Board of California pursuant to subdivision (a) if either of the following apply:(1) The owner, director, partner, or manager is aware that a respiratory care practitioner is no longer employed at the facility they were placed at by the registry or agency for any behavior described in subdivision (b).(2) The owner, director, partner, or manager is asked to place the practitioner on a do not call list or other status indicating the facility does not want that practitioner placed at their facility for any behavior described in subdivision (b). (d) Failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.
SECTION 1.SEC. 3. Section 3758 of the Business and Professions Code is amended to read:
### SECTION 1.SEC. 3.
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 confidentiality of medical records. The information reported or disclosed shall be kept confidential except as provided in subdivision (c) of Section 800, and shall not be subject to discovery in civil cases.(b) For purposes of the section, leave, resignation, suspension, or termination for cause is defined to mean any administrative leave, employee leave, resignation, suspension, or termination from employment for any of the following reasons:(1) Suspected or actual use of controlled substances or alcohol to such an extent that it impairs the ability to safely practice respiratory care.(2) Suspected or actual unlawful sale of controlled substances or other prescription items.(3) Suspected or actual patient neglect, physical harm to a patient, or sexual contact with a patient.(4) Suspected or actual falsification of medical records.(5) Suspected or actual gross incompetence or negligence.(6) Suspected or actual theft from patients, other employees, or the employer.(c) An owner, director, partner, or manager of a registry or agency that places one or more respiratory care practitioners at any facility to practice respiratory care shall report to the Respiratory Care Board of California pursuant to subdivision (a) if either of the following apply:(1) The owner, director, partner, or manager is aware that a respiratory care practitioner is no longer employed at the facility they were placed at by the registry or agency for any behavior described in subdivision (b).(2) The owner, director, partner, or manager is asked to place the practitioner on a do not call list or other status indicating the facility does not want that practitioner placed at their facility for any behavior described in subdivision (b). (d) Failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.
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 confidentiality of medical records. The information reported or disclosed shall be kept confidential except as provided in subdivision (c) of Section 800, and shall not be subject to discovery in civil cases.(b) For purposes of the section, leave, resignation, suspension, or termination for cause is defined to mean any administrative leave, employee leave, resignation, suspension, or termination from employment for any of the following reasons:(1) Suspected or actual use of controlled substances or alcohol to such an extent that it impairs the ability to safely practice respiratory care.(2) Suspected or actual unlawful sale of controlled substances or other prescription items.(3) Suspected or actual patient neglect, physical harm to a patient, or sexual contact with a patient.(4) Suspected or actual falsification of medical records.(5) Suspected or actual gross incompetence or negligence.(6) Suspected or actual theft from patients, other employees, or the employer.(c) An owner, director, partner, or manager of a registry or agency that places one or more respiratory care practitioners at any facility to practice respiratory care shall report to the Respiratory Care Board of California pursuant to subdivision (a) if either of the following apply:(1) The owner, director, partner, or manager is aware that a respiratory care practitioner is no longer employed at the facility they were placed at by the registry or agency for any behavior described in subdivision (b).(2) The owner, director, partner, or manager is asked to place the practitioner on a do not call list or other status indicating the facility does not want that practitioner placed at their facility for any behavior described in subdivision (b). (d) Failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.
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 confidentiality of medical records. The information reported or disclosed shall be kept confidential except as provided in subdivision (c) of Section 800, and shall not be subject to discovery in civil cases.(b) For purposes of the section, leave, resignation, suspension, or termination for cause is defined to mean any administrative leave, employee leave, resignation, suspension, or termination from employment for any of the following reasons:(1) Suspected or actual use of controlled substances or alcohol to such an extent that it impairs the ability to safely practice respiratory care.(2) Suspected or actual unlawful sale of controlled substances or other prescription items.(3) Suspected or actual patient neglect, physical harm to a patient, or sexual contact with a patient.(4) Suspected or actual falsification of medical records.(5) Suspected or actual gross incompetence or negligence.(6) Suspected or actual theft from patients, other employees, or the employer.(c) An owner, director, partner, or manager of a registry or agency that places one or more respiratory care practitioners at any facility to practice respiratory care shall report to the Respiratory Care Board of California pursuant to subdivision (a) if either of the following apply:(1) The owner, director, partner, or manager is aware that a respiratory care practitioner is no longer employed at the facility they were placed at by the registry or agency for any behavior described in subdivision (b).(2) The owner, director, partner, or manager is asked to place the practitioner on a do not call list or other status indicating the facility does not want that practitioner placed at their facility for any behavior described in subdivision (b). (d) Failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.
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 confidentiality of medical records. The information reported or disclosed shall be kept confidential except as provided in subdivision (c) of Section 800, and shall not be subject to discovery in civil cases.
(b) For purposes of the section, leave, resignation, suspension, or termination for cause is defined to mean any administrative leave, employee leave, resignation, suspension, or termination from employment for any of the following reasons:
(1) Suspected or actual use of controlled substances or alcohol to such an extent that it impairs the ability to safely practice respiratory care.
(2) Suspected or actual unlawful sale of controlled substances or other prescription items.
(3) Suspected or actual patient neglect, physical harm to a patient, or sexual contact with a patient.
(4) Suspected or actual falsification of medical records.
(5) Suspected or actual gross incompetence or negligence.
(6) Suspected or actual theft from patients, other employees, or the employer.
(c) An owner, director, partner, or manager of a registry or agency that places one or more respiratory care practitioners at any facility to practice respiratory care shall report to the Respiratory Care Board of California pursuant to subdivision (a) if either of the following apply:
(1) The owner, director, partner, or manager is aware that a respiratory care practitioner is no longer employed at the facility they were placed at by the registry or agency for any behavior described in subdivision (b).
(2) The owner, director, partner, or manager is asked to place the practitioner on a do not call list or other status indicating the facility does not want that practitioner placed at their facility for any behavior described in subdivision (b).
(d) Failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.
SEC. 2.SEC. 4. Section 3758.6 of the Business and Professions Code is amended to read: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 cause, as defined in subdivision (b) of Section 3758. If the supervisor is a licensee under this chapter, the board shall investigate whether due care was exercised by that supervisor in accordance with this chapter. If the supervisor is a health professional, licensed by another licensing board under this division, the employer shall report the name of that supervisor and any and all information pertaining to the leave, resignation, suspension, or termination for cause of the person licensed under this chapter to the appropriate licensing board.(b) The failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.
SEC. 2.SEC. 4. Section 3758.6 of the Business and Professions Code is amended to read:
### SEC. 2.SEC. 4.
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 cause, as defined in subdivision (b) of Section 3758. If the supervisor is a licensee under this chapter, the board shall investigate whether due care was exercised by that supervisor in accordance with this chapter. If the supervisor is a health professional, licensed by another licensing board under this division, the employer shall report the name of that supervisor and any and all information pertaining to the leave, resignation, suspension, or termination for cause of the person licensed under this chapter to the appropriate licensing board.(b) The failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.
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 cause, as defined in subdivision (b) of Section 3758. If the supervisor is a licensee under this chapter, the board shall investigate whether due care was exercised by that supervisor in accordance with this chapter. If the supervisor is a health professional, licensed by another licensing board under this division, the employer shall report the name of that supervisor and any and all information pertaining to the leave, resignation, suspension, or termination for cause of the person licensed under this chapter to the appropriate licensing board.(b) The failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.
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 cause, as defined in subdivision (b) of Section 3758. If the supervisor is a licensee under this chapter, the board shall investigate whether due care was exercised by that supervisor in accordance with this chapter. If the supervisor is a health professional, licensed by another licensing board under this division, the employer shall report the name of that supervisor and any and all information pertaining to the leave, resignation, suspension, or termination for cause of the person licensed under this chapter to the appropriate licensing board.(b) The failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.
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 cause, as defined in subdivision (b) of Section 3758. If the supervisor is a licensee under this chapter, the board shall investigate whether due care was exercised by that supervisor in accordance with this chapter. If the supervisor is a health professional, licensed by another licensing board under this division, the employer shall report the name of that supervisor and any and all information pertaining to the leave, resignation, suspension, or termination for cause of the person licensed under this chapter to the appropriate licensing board.
(b) The failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.
SEC. 3.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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