§ 3758. — 3758. (Amended by Stats. 2022, Ch. 624, Sec. 5.)

California § 3758.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 2.: DIVISION 2. HEALING ARTS
• Ch. 8.3.: CHAPTER 8.3. Respiratory Therapy
• Art. 5.: ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates

Text

(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.

Legislative History

Amended by Stats. 2022, Ch. 624, Sec. 5. (SB 1436) Effective January 1, 2023.