3730.  All licenses for the practice of respiratory care in this
state shall be issued by the board, and all applications for those
licenses shall be submitted directly to and filed with the board.
Except as otherwise required by the director pursuant to Section 164,
the license issued by the board shall describe the license holder as
a "respiratory care practitioner licensed by the Respiratory Care
Board of California."
   Each application shall be accompanied by the application fee
prescribed in Section 3775, shall be signed by the applicant, and
shall contain a statement under oath of the facts entitling the
applicant to receive a license without examination or to take an
examination.
   The application shall contain other information as the board deems
necessary to determine the qualifications of the applicant.



3731.  A person holding a license as a respiratory care practitioner
issued by the board shall use the title "respiratory care
practitioner" or the letters "RCP".  The license as a respiratory
care practitioner shall not authorize the use of the prefix "Dr.", or
the word "doctor", or any suffix or affix indicating or implying
that the licensed person is a doctor or a physician and surgeon.
   The suffix "M.D." shall not be used unless the licensed
practitioner is licensed as a physician and surgeon in this state.



3732.  The board shall investigate each and every applicant for a
license, before a license is issued, in order to determine whether or
not the applicant has in fact the qualifications required by this
chapter.


3733.  (a) Every applicant for a license under this chapter shall,
at the time of application, be a person over 18 years of age, have
successfully completed courses of training equivalent to the minimum
standard established in this chapter for approval by the board, and
not have committed acts or crimes constituting grounds for denial of
licensure.
   (b) The board may order the denial of an application, or the
issuance of a license with terms and conditions, for any of the
causes specified in this chapter for suspension or revocation of a
license, including, but not limited to, those causes specified in
Sections 3750, 3750.5, 3752.5, 3752.6, 3755, 3757, 3760, and 3761.



3735.  Except as otherwise provided in this chapter, no person shall
receive a license under this chapter without first successfully
passing an examination given under the direction of the board.  The
examination shall be in writing and shall be conducted under the
regulations prescribed by the board.



3735.3.  An applicant for a license as a respiratory care
practitioner may not sit for the examination unless a verification
from the program director, in a form acceptable to the board,
declaring the applicant has graduated from the training program is
received in the board's office at least 15 days prior to the date of
the examination.  A certified copy of a certificate of completion or
official transcript from the training program shall be submitted to
the board prior to the issuance of a license as a respiratory care
practitioner.


3735.5.  The requirements to pass the written examination shall not
apply to an applicant who at the time of his or her application has
passed, to the satisfaction of the board, an examination that is, in
the opinion of the board, equivalent to the examination given in this
state.


3736.  Examinations for a license as a respiratory care practitioner
may be conducted by the board under a uniform examination system,
and for that purpose the board may make any arrangements with
organizations furnishing examination material as may in its
discretion be desirable.



3736.5.  The board's examination contractor shall provide to the
board all examination pass-fail statistics for each approved
respiratory therapy school.


3737.  Every applicant who is not otherwise disqualified as provided
in this chapter and who receives a passing grade established by the
board on the examination shall be granted a license.



3739.  (a) (1) Except as otherwise provided in this section, every
graduate of an approved respiratory care program who has filed an
initial respiratory care practitioner application with the board may,
between the dates specified by the board, perform as a respiratory
care practitioner applicant under the direct supervision of a
respiratory care practitioner licensed in this state.
   (2) During this period the applicant shall identify himself or
herself only as a "respiratory care practitioner applicant."
   (3) If for any reason the license is not issued, all privileges
under this subdivision shall automatically cease on the date
specified by the board.
   (b) If an applicant fails to take the next available examination
without good cause or fails to pass the examination and receive a
license, all privileges under this section shall automatically cease
on the date specified by the board.
   (c) Notwithstanding subdivision (a), an applicant for licensure
who was previously licensed by the board, but who allowed his or her
license to expire for more than three years, shall be allowed to
practice as a respiratory care practitioner applicant under the
direct supervision of a respiratory care practitioner licensed in
this state between the dates specified by the board.  During this
period, the applicant shall identify himself or herself only as a
"respiratory care practitioner applicant."  If for any reason the
license is not issued, all privileges under this subdivision shall
cease on the date specified by the board.
   (d) No applicant for a respiratory care practitioner license shall
be authorized to perform as a respiratory care practitioner
applicant if cause exists to deny the license.