Respiratory therapy.

(1) Existing law, the Respiratory Care Practice Act, establishes the Respiratory Care Board of California for the licensure and regulation of respiratory therapy practitioners. Existing law makes a violation of that act a crime and repeals the act on January 1, 2023. This bill would extend the operation of the act to January 1, 2027. By extending the operation of the act, a violation of which would be a crime, the bill would impose a state-mandated local program. (2) 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 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, resignation, suspension, or termination from employment for specified reasons that would additionally include suspected acts, such as suspected gross incompetence or negligence, suspected falsification of medical records, and the suspected 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 a facility to practice respiratory care to report those specified suspected or actual acts to the 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. (3) Existing law, the Respiratory Care Practice Act, prohibits a person from engaging in the practice of respiratory care unless the person is a licensed respiratory care practitioner, except for specified acts, including, among others, the performance of respiratory care services in case of an emergency, including an epidemic or public disaster. Under this bill, the temporary performance of respiratory care services as identified and authorized by the board in the event of an epidemic, pandemic, public disaster, or emergency would not violate the Respiratory Care Practice Act. (4) Existing law, the Vocational Nursing Practice Act, until January 1, 2025, establishes the Board of Vocational Nursing and Psychiatric Technicians of the State of California to license and regulate vocational nurses and psychiatric technicians. Existing law authorizes a licensed vocational nurse to withdraw blood, administer medications, and start and superimpose intravenous fluids, as described, when directed by a licensed physician and surgeon. This bill would provide that a licensed vocational nurse is authorized to perform respiratory tasks and services that do not require a respiratory assessment and only require manual, technical skills, or data collection, as identified by the Respiratory Care Board of California, if the licensed vocational nurse has received training and demonstrated competency satisfactory to their employer and when directed by a physician and surgeon. The bill would also provide that a licensed vocational nurse who is employed by a licensed home health agency who performs respiratory tasks or services identified by the Respiratory Care Board of California does not violate the Respiratory Care Practice Act if, before January 1, 2025, the licensed vocational nurse has completed patient-specific training satisfactory to their employer, and, on or after January 1, 2025, the licensed vocational nurse has completed patient-specific training by the employer pursuant to guidelines that the bill would require the Respiratory Care Board of California to promulgate in collaboration with the Board of Vocational Nursing and Psychiatric Technicians of the State of California. This bill would require the Board of Vocational Nursing and Psychiatric Technicians of the State of California to share all complaints and information related to investigations involving respiratory care services with the Respiratory Care Board of California, as specified. The bill would require the Respiratory Care Board of California to share all complaints and information related to investigations involving a person licensed under the Vocational Nursing Practice Act with the Board of Vocational Nursing and Psychiatric Technicians of the State of California, as specified. (5) 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.