California Business and Professions Code

§ 3758

BPC § 3758 Effective Jan 1, 2023Div. 2 · Ch. 8.3 · Art. 5

Statute text

(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:

(1)Suspected or actual use of controlled substances or alcohol to such an extent that it impairs the ability to safely practice respiratory care.

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Legislative history

Amended by Stats. 2022, Ch. 624, Sec. 5. (SB 1436) Effective January 1, 2023.