3760.  (a) Except as otherwise provided in this chapter, no person
shall engage in the practice of respiratory care, respiratory
therapy, or inhalation therapy.  For purposes of this section,
engaging in the practice of respiratory care includes, but is not
limited to, representations by a person whether through verbal claim,
sign, advertisement, letterhead, business card, or other
representation that he or she is able to perform any respiratory care
service, or performance of any respiratory care service.
   (b) No person who is unlicensed or whose respiratory care
practitioner license has been revoked or suspended shall engage in
the practice of respiratory care during the period of suspension or
revocation, even though the person may continue to hold a certificate
or registration issued by a private certifying entity.
   (c) Except as otherwise provided in this chapter, no person may
represent himself or herself to be a respiratory care practitioner, a
respiratory therapist, a respiratory care technician, or an
inhalation therapist, or use the abbreviation or letters "R.C.P.,"
"R.P.," "R.T.," or "I.T.," or use any modifications or derivatives of
those abbreviations or letters without a current and valid license
issued under this chapter.
   (d) No respiratory care practitioner applicant shall begin
practice as a "respiratory care practitioner applicant" pursuant to
Section 3739 until the applicant meets the applicable requirements of
this chapter and obtains a valid work permit.



3761.  (a) No person may represent himself or herself to be a
respiratory care practitioner without a license granted under this
chapter, except as otherwise provided in this chapter.
   (b) No person or corporation shall knowingly employ a person who
holds himself or herself out to be a respiratory care practitioner
without a license granted under this chapter, except as otherwise
provided in this chapter.
   (c) At the discretion of the board, violation of subdivision (a)
shall be punishable by issuance of an administrative citation and
assessment of an administrative fine of one thousand dollars
($1,000).


3762.  Nothing in this chapter is intended to limit, preclude, or
otherwise interfere with the practices of other licensed personnel in
carrying out authorized and customary duties and functions.



3763.  Any person who violates any of the provisions of this chapter
shall be guilty of a misdemeanor punishable by a fine not exceeding
one thousand dollars ($1,000) or imprisonment in a county jail not
exceeding six months, or both, for each offense.



3764.  Whenever any person has engaged or is about to engage in any
acts or practices that constitute or will constitute an offense
against this chapter, the superior court of any county, on
application of the board, the Medical Board of California, or by 10
or more persons holding respiratory care practitioner licenses issued
under this chapter, may issue an injunction or other appropriate
order restraining that conduct.  Proceedings under this section shall
be governed by Chapter 3 (commencing with Section 525) of Title 7 of
Part 2 of the Code of Civil Procedure, except that no undertaking
shall be required in any action commenced by the board.




3765.  This act does not prohibit any of the following activities:
   (a) The performance of respiratory care which is an integral part
of the program of study by students enrolled in approved respiratory
therapy training programs.
   (b) Self-care by the patient or the gratuitous care by a friend or
member of the family who does not represent or hold himself or
herself out to be a respiratory care practitioner licensed under the
provisions of this chapter.
   (c) The respiratory care practitioner from performing advances in
the art and techniques of respiratory care learned through formal or
specialized training.
   (d) The performance of respiratory care by paramedical personnel
who have been formally trained in these modalities and are duly
licensed under the provisions of an act pertaining to their
speciality.
   (e) Respiratory care services in case of an emergency.
"Emergency," as used in this subdivision, includes an epidemic or
public disaster.
   (f) Persons from engaging in cardiopulmonary research.
   (g) Formally trained licensees and staff of child day care
facilities from administering to a child inhaled medication as
defined in Section 1596.798 of the Health and Safety Code.