California Business and Professions Code 3758 – (a) Any employer of a respiratory care practitioner shall report …
(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:
Terms Used In California Business and Professions Code 3758
- Board: means the Respiratory Care Board of California. See California Business and Professions Code 3704
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Respiratory care: includes "respiratory therapy" or "inhalation therapy" where those terms mean respiratory care. See California Business and Professions Code 3704
- Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
(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.
(Amended by Stats. 2022, Ch. 624, Sec. 5. (SB 1436) Effective January 1, 2023.)