Section 1399.352.7 - Law and Professional Ethics Course CriteriaAn acceptable course in law and professional ethics shall meet the following criteria and be approved by the board or its designee:
(a) The course shall be provided by the American Association for Respiratory Care or the California Society for Respiratory Care.(b) The course shall be three hours in length. One hour of instruction shall consist of not less than 50 minutes of actual classroom time or actual time spent by the licensee completing the coursework on the internet.(c) At least two hours of the content of the course shall be dedicated to professional ethics with a concentration in the following subject areas:(1) Obligations of licensed respiratory care practitioners (RCPs) to patients under their care; and,(2) Responsibilities of RCPs to report illegal activities occurring in the work place.(d) The course content may also include up to one hour of material with a concentration in: (1) Acts that jeopardize licensure and licensure status in California and,(2) Current activities of the RCP profession.(e) The course shall meet all of the following requirements: (1) The course title shall be "Law and Professional Ethics."(2) Delivery and format of the course shall be user-friendly.(3) The course will be at least thirty (30) pages of written material.(4) The course shall include a course description, course objectives,, a post-course examination (a test provided to the student at the end of the instructional period), a certificate of completion as provided in section 1399.352, legal disclosures to students required by State or federal law, and a list of course materials as applicable.(5) The course shall provide several segments. Each segment shall include a narrative or discussion, a scenario, and at least one question. For each question there shall be between three and six possible responses with only one correct answer. Each response shall include an explanation as to why the response is incorrect or correct. The number of questions tied to each segment may vary, as each component will differ in length and content.(6) The post-course examination will include at least thirty (30) questions related to the instructional materials presented.(7) The provider shall submit course test scores, names and other course related information to the board, upon request by the board.(8) The provider shall not charge more than thirty dollars ($30) for board applicants and sixty dollars ($60) for board licensees or petitioners for reinstatement.(9) The provider shall ensure that procedures are in place to address Americans with Disabilities Act (ADA) requests.(10) The participant shall be allowed one (1) year to complete the course/exam after enrollment.(11) The participant shall not be able to exit the post-course examination once commenced.(12) The participant shall not have a time limit to take the post-course examination.(13) The minimum post-course examination passing score shall be 70%. The post-course examination shall be scored on all cumulative components, not by each section.(14) As applicable, the provider shall offer and allow participants who failed the initial post-course examination to retake the post-course examination free of charge. There shall be no wait time to retake the post-course examination if previously failed.(15) The course will include a survey, optional to participants, to gather feedback for the board.(f) The course is solely the product of the provider and the provider assumes full responsibility for the course.(g) The course shall be revised once every four years. Each revision shall be approved by the board.(h) The board or its designee may rescind the approval of a course at any time if it believes it has been altered or finds that the course does not meet the requirements as provided for in this article.(i) The provider may advertise and or reference that an approved course is "approved" by the board.Cal. Code Regs. Tit. 16, § 1399.352.7
1. New section filed 7-18-2005; operative 8-17-2005 (Register 2005, No. 29).
2. Amendment of subsection (b), repealer and new subsection (d), new subsections (d)(1)-(h) and amendment of NOTE filed 5-25-2012; operative 6-24-2012 (Register 2012, No. 21).
3. Amendment filed 8-10-2023; operative 10-1-2023 (Register 2023, No. 32). Note: Authority cited: Section 3722, Business and Professions Code. Reference: Sections 3719 and 3719.5, Business and Professions Code.
1. New section filed 7-18-2005; operative 8-17-2005 (Register 2005, No. 29).
2. Amendment of subsection (b), repealer and new subsection (d), new subsections (d)(1)-(h) and amendment of Note filed 5-25-2012; operative 6-24-2012 (Register 2012, No. 21).
3. Amendment filed 8-10-2023; operative 10/1/2023 (Register 2023, No. 32).