Section 1399.330 - Education Waiver Criteria(a) The board may waive the education requirements in section 3740 of the B&P if an applicant for licensure(1) Either successfully completed a minimum of a one-year respiratory care program supported by the Committee on Accreditation for Respiratory Care or its predecessor, prior to July 1, 2004 or previously held a license in good standing issued by the board and (A) Holds a current valid license in good standing in another state, United States territory or Canadian province and has practiced respiratory care in that jurisdiction for a minimum of two years full time within the three years immediately preceding filing an application for licensure in this state; or(B) Has practiced respiratory care in another state or United States territory, for a minimum of three years full time within the four years immediately preceding filing an application for licensure in this state, and that state or territory does not regulate the practice of respiratory care at the time the application for licensure is filed.(2) Has not completed a respiratory care program described in subdivision (1) above but either (A) Holds a current valid license in good standing in another state, United States territory or Canadian province and has competently practiced respiratory care in that state, United States territory or Canadian province for a minimum of four years full time within the five years immediately preceding filing an application for licensure in this state; or(B) Has practiced respiratory care in another state or United States territory, for a minimum of five years full time within the six years immediately preceding filing an application for licensure in this state, and that state or territory does not license the practice of respiratory care at the time the application for licensure is filed.(3) Does not meet the criteria described in subdivisions (1) or (2) above, but (A) Has completed a minimum of a one-year respiratory care program supported by the Committee on Accreditation for Respiratory Care or its predecessor, and(B) Has practiced respiratory care while serving in the U.S. military for a minimum of two years, full time, within the four years immediately preceding filing an application for licensure in this state, and(C) The U.S. military verifies the applicant is in "good standing" as it pertains to his or her past or current employment.(b) As used in this section, "good standing" means the applicant (1) is not currently under investigation;(2) has not been charged with an offense for any act substantially related to the practice of respiratory care by any public agency;(3) has not entered into any consent agreement or been subject to an administrative disciplinary decision including any voluntary surrender of license; and(4) has not been the subject of an adverse judgment or arbitration award resulting from a claim or action for damages for death or personal injury caused by that person's negligence, error or omission in the practice of respiratory care.(c) An applicant must provide sufficient documentary evidence to establish to the satisfaction of the board, that the applicant meets each requirement in the pathway under which the applicant is attempting to qualify. An applicant shall sign a release authorizing the board to obtain copies of personnel records or any other documentation that establishes the applicant's qualifications for a waiver of the educational requirements.(d) This section shall not be construed to require the board to waive education requirements for any reason including, but not limited to, poor work performance, habits or communication, insufficient documentation to ascertain waiver criteria has been met, or employment with staffing agencies or registries where the applicant's experience is based on working at three or more sites.(e) The application fee shall not be refunded for any application where education requirements are not waived pursuant to this section.Cal. Code Regs. Tit. 16, § 1399.330
1. New section filed 12-11-97; operative 1-10-98 (Register 97, No. 50).
2. Amendment of section heading and repealer and new section filed 4-22-2004; operative 5-22-2004 (Register 2004, No. 17).
3. Amendment of subsection (a), new subsections (a)(3)-(a)(3)(C), amendment of subsection (d), new subsection (e) and amendment of NOTE filed 5-25-2012; operative 6-24-2012 (Register 2012, No. 21). Note: Authority cited: Section 3722, Business and Professions Code. Reference: Sections 35 and 3740, Business and Professions Code.
1. New section filed 12-11-97; operative 1-10-98 (Register 97, No. 50).
2. Amendment of section heading and repealer and new section filed 4-22-2004; operative 5-22-2004 (Register 2004, No. 17).
3. Amendment of subsection (a), new subsections (a)(3)-(a)(3)(C), amendment of subsection (d), new subsection (e) and amendment of Note filed 5-25-2012; operative 6-24-2012 (Register 2012, No. 21).