Laws and Regulations
California Business and Professions Code
Division 1. The Department
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Chapter 1. The Department of Consumer Affairs
§ 114. Reinstatement of expired license of licensee serving in military
§ 118. Effect of withdrawal of application; Effect of suspension, forfeiture, etc., of license
§ 119. Misdemeanors pertaining to use of licenses
§ 121. Practice during period between renewal and receipt of evidence of renewal
§ 123. Conduct constituting subversion of licensing examination; Penalties and damages
§ 125. Misdemeanor offenses by licensees
§ 128. Sale of equipment, supplies, or services for use in violation of licensing requirements
§ 144. Requirement of fingerprints for criminal record checks
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Chapter 1.5. Unlicensed Activity Enforcement
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Chapter 3. Funds of the Department
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Chapter 7. Licensee
Division 1.5. Denial, Suspension, and Revocation of Licenses
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Chapter 1. General Provisions
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Chapter 2. Denial of Licenses
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Chapter 3. Suspension and Revocation of Licenses
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Chapter 5. Examination Security
Division 2. Healing Arts
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Chapter 1. General Provisions
§ 581. Purchase or fraudulent alteration of diplomas or other writings
§ 582. Use of illegally obtained, altered, or counterfeit diploma, certificate, or transcript
§ 583. False statements in documents or writings
§ 584. Violation of examination security; Impersonation
§ 680. Health care practitioner's disclosure of name and license status
§ 702. Holder prohibited from engaging in active license activity
§ 726. Commission of act of sexual abuse or misconduct with patient or client
§ 729. Sexual exploitation of patient or client by physician and surgeon, or psychotherapist
§ 731. Violations at work as unprofessional conduct
§ 810. Grounds for disciplinary action against health care professional
§ 820. Examination of licentiate for mental illness or physical illness affecting competency
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Chapter 1.5. Exemption from Licensure
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Chapter 3. Clinical Laboratory Technology
Chapter 8.3. Respiratory Therapy
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Article 1. General Provisions
§ 3701. Legislative finding and declaration; Legislative intent
§ 3702. Practice of respiratory care; Components; "Respiratory care protocols"
§ 3702.5 Respiratory Tasks, Services and Procedures
§ 3702.7 Scope of practice further defined
§ 3703. Settings for respiratory care
§ 3705. Scope of authority to practice
§ 3706. Immunity from liability for rendering emergency care; Exception
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Article 2. Administration
§ 3710. Respiratory Care Board
§ 3712. Appointment of members; Terms; Removal
§ 3713. Qualifications of public members
§ 3716. Authority to hire employees
§ 3717. Authority to make inspections of and require reports from hospitals or facilities
§ 3718. Issuance, suspension, and revocation of licenses
§ 3719. Continuing education requirements; Submission of examination by licensee
§ 3719. 5 Professional course requirement
§ 3722. Adoption of rules and regulations; Compliance with Government Code
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Article 3. Certification of Practitioners
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Article 4. Education Standards
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Article 5. Suspension, Revocation, and Reinstatement of Certificates
§ 3750. Causes for denial of, suspension of, revocation of, or probationary conditions upon license
§ 3750.5. Additional grounds for denial, suspension, or revocation of license
§ 3750.51. Limitations period for filing accusation against licensee
§ 3750.6. Original pocket license or work permit to be produced for inspection
§ 3751. Petition for reinstatement, modification, or termination of probation; Discretion of board
§ 3751.5. Time period prior to reapplication for licensure after denial for cause
§ 3752. Procedure on conviction of felony or other offense relating to professional qualifications
§ 3752.5. Crime involving bodily injury or attempted bodily injury
§ 3752.6. Crime involving sexual misconduct
§ 3752.7. Sexual contact with patient; Conviction of sexual offense; Revocation
§ 3753. Application of provisions of Administrative Procedure Act
§ 3753.1. Administrative disciplinary decision imposing terms of probation
§ 3753.5. Payment of costs of investigation and prosecution of disciplinary action
§ 3753.7. Items included in costs of prosecution
§ 3754. Action of board after hearing
§ 3754.5. Action against licensee obtaining license by fraud, misrepresentation or mistake
§ 3754.8. Continued jurisdiction for enforcement matters when a license cancels, retires, etc.
§ 3755. Action for unprofessional conduct
§ 3756. Fitness to practice; Professional competency examination; Petition of charges before board
§ 3757. Mental illness or chemical dependency
§ 3758. Report on suspension or termination for cause
§ 3758.5. Reporting violations
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Article 6. Offenses and Enforcement
§ 3760. Unauthorized practice or use of title
§ 3761. License required for practice
§ 3762. Chapter not intended to limit authorized and customary duties
§ 3763. Violations as misdemeanors; Punishment
§ 3764. Application for injunction or order restraining unlawful conduct
§ 3766. Unlicensed Personnel - Citation and Fines
§ 3767. Unlicensed Personnel - Cite and Fine Issuance
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Article 7. Fiscal Administration
§ 3771. Monthly report to Controller; Payment and credit of moneys received
§ 3773. Notification at time of application for renewal of license
§ 3774. Renewal of license; Expiration
§ 3775.5. Application and renewal fee for inactive license
§ 3775.6 Request for retired status
§ 3776. Payment of fees following return of check for insufficient funds
§ 3777. Nonrenewal or nonreinstatement of license for failure to pay fees or meet all requirements
§ 3778. Authority to contract with collection service; Terms of contract
California Code of Regulations
Title 16. Professional and Vocational Regulations, Division 13.6. Respiratory Care Board of California
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Article 1. General Provisions
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Article 2. Applications
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Article 3. Education and Experience
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Article 4. [REPEALED]
REPEALED
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Article 5. Continuing Education
§ 1399.349. Continuing Education Defined
§ 1399.350. Continuing Education Required
§ 1399.350.5. Law and Professional Ethics Course
§ 1399.351. Approved CE Programs
§ 1399.352. Criteria for Acceptability of Courses
§ 1399.352.7. Law and Professional Ethics Course Criteria
§ 1399.353. Audit and Sanctions for Noncompliance
§ 1399.354. Waiver of Requirements
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Article 6. Scope of Practice
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Article 7. Miscellaneous
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Article 8. Citations and Fines
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Article 9. Fees
Relevant Provisions of other California Codes
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Civil Code
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Education Code
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Emergency Care Liability Provisions
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Family Code
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Health and Safety Code
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Penal Code
§ 220. Assault w/intent to commit mayhem or specified sex offenses
§ 243.4. Sexual Battery; Seriously Disabled or Medically Incapacitated Victims
§ 261. Rape; "Duress" "Menace"
§ 261.5. Unlawful Sexual Intercourse with a Minor
§ 264.1. Punishment for Aiding and Abetting Rape
§ 267. Abduction of Minor for Prostitution
§ 272. Contributing to delinquency of minor
§ 288. Lewd or Lascivious Acts Involving Children
§ 289. Penetration by Foreign Object
§ 290. Registration of Sex Offenders
§ 311.2. Production, Distribution, or Exhibition of Obscene Matter
§ 311.3. Sexual Exploitation of Child
§ 311.4. Employment of Minor in Sale or Distribution of Obscene Matter or Production of Pornography
§ 311.10. Advertisement of Obscene Matters Depicting Minors
§ 311.11. Possession or Control of Child Pornography
§ 647. Disorderly Conduct; Restrictions on Probation
§ 647b. Annoying or Molesting Person Attending Adult School
Pending Regulations
Public Comments: Written comments regarding any pending regulation may be submitted during the applicable public comment period. Instructions for submitting comments are provided in the Notice of Proposed Action for each rulemaking.
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Basic Respiratory Tasks and Services (Permanent Rulemaking)
Proposed Regulations: Amend section 1399.365 of Title 16, California Code of Regulations
Status: 45-Day Public Comment Period Closed; Comments Under Review
Notice Publication Date: August 14, 2026
Comment Period: August 14, 2026 – September 28, 2026
Current Emergency Regulations: The current emergency regulations remain in effect during this rulemaking process.
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Home and Community-Based Respiratory Tasks and Services
Proposed Regulations: Add section 1399.361 of Title 16, California Code of Regulations
Status: 45-Day Public Comment Period Closed; Comments Under Review
Notice Publication Date: August 14, 2026
Comment Period: August 14, 2026 – September 28, 2026
Approved Regulations
Please click on the link(s) below to view the RCB's recently approved regulations:
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Basic Respiratory Tasks and Services
- Initial Statement of Reasons
- Regulatory Text
- Notice
- 15-Day Modified Text
- 15-Day Modified Text Notice
- Final Statement of Reasons
- Notice of Approval
On June 5, 2025, the Office of Administrative Law (OAL) approved the RCB’s Basic Respiratory Tasks and Services regulations and filed the action with the Secretary of State. This regulatory action became effective on October 1, 2025.
Note: Emergency regulations related to Basic Respiratory Tasks and Services were subsequently approved and became effective on January 12, 2026. Please see the “Basic Respiratory Tasks and Services (Emergency)” section below for the approved emergency regulatory text and filing information.
For more information, including a breakdown of tasks permitted under this regulation and guidance for RCPs, LVNs, employers, and the public, please visit our Basic Respiratory Tasks and Services information page.
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Basic Respiratory Tasks and Services (Emergency)
- Notice of Approval, Secretary of State Endorsed Form 400, and Approved Emergency Regulatory Text
- Advance Notice of Intent to File Emergency Regulations
- Finding of Emergency
- Order of Adoption
The Office of Administrative Law (OAL) approved the RCB’s emergency regulations and the action was filed with the Secretary of State on January 12, 2026. These emergency regulations became effective January 12, 2026.
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Basic Respiratory Tasks and Services (Emergency Re-Adoption)
- Notice of Approval, Secretary of State Endorsed Form 400, and Approved Emergency Regulatory Text
- Advance Notice of Intent to Re-Adopt Emergency Regulations
- Finding of Emergency
- Order of Adoption
The Office of Administrative Law (OAL) approved the RCB’s emergency re-adoption regulations and the action was filed with the Secretary of State on July 9, 2026. These emergency regulations became effective July 9, 2026.
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Basic Respiratory Tasks and Services (Emergency Second Re-Adoption)
- Notice of Approval, Secretary of State Endorsed Form 400, and Approved Emergency Regulatory Text
- Advance Notice of Intent to Re-Adopt Emergency Regulations
- Finding of Emergency
- Order of Adoption
The Office of Administrative Law (OAL) approved the RCB’s emergency re-adoption regulations and the action was filed with the Secretary of State on October 1, 2026. These emergency regulations became effective October 7, 2026.