3770.  The department shall keep a record of its proceedings under
this chapter, and a register of all persons licensed under it.  The
register shall show the name of every living licensed respiratory
care practitioner, his or her last known place of residence, and the
date and number of his or her certificate as a respiratory care
practitioner.  The department shall, once every two years, compile a
list of respiratory care practitioners authorized to practice
respiratory care in the state.  Any interested person is entitled to
obtain a copy of that list upon application to the department and
payment of such amount as may be fixed by the department, which
amount shall not exceed the cost of the list so furnished.




3771.  Within 10 days after the beginning of each calendar month,
the board shall report to the Controller the amount and source of all
collections made from persons licensed or seeking to be licensed
under this chapter, and all fines and forfeitures to which the board
is entitled, and at the same time, pay all these sums into the State
Treasury, where they shall be credited to the Respiratory Care Fund,
which is hereby created and, notwithstanding Section 13340 of the
Government Code, continuously appropriated for the purposes of this
chapter.


3772.  (a) There is established in the State Treasury the
Respiratory Care Fund.  All collections from persons licensed or
seeking to be licensed under this chapter shall be paid by the board
into the fund after the report to the Controller at the beginning of
each month of the amount and source of the collections.



3773.  At the time of application for renewal of a respiratory care
practitioner license, the licensee shall notify the  board of all of
the following:
   (a) Whether he or she has been convicted of any crime subsequent
to the licensee's previous renewal.
   (b) The name and address of the licensee's current employer or
employers.



3774.  On or before the birthday of a licensed practitioner in every
other year, following the initial licensure, the board shall mail to
each practitioner licensed under this chapter, at the latest address
furnished by the licensed practitioner to the executive officer of
the board, a notice stating the amount of the renewal fee and the
date on which it is due.  The notice shall state that failure to pay
the renewal fee on or before the due date and submit evidence of
compliance with Section 3719 shall result in expiration of the
license.
   Each license not renewed in accordance with this section shall
expire but may within a period of three years thereafter be
reinstated upon payment of all accrued and unpaid renewal fees and
penalty fees required by this chapter.  The board may also require
submission of proof of the applicant's qualifications, except that
during the three-year period no examination shall be required as a
condition for the reinstatement of any expired license that has
lapsed solely by reason of nonpayment of the renewal fee.



3775.  The amount of fees provided in connection with licenses or
approvals for the practice of respiratory care shall be as follows:
   (a) The application fee shall be established by the board at not
more than three hundred dollars ($300).  The application fee for the
applicant under subdivision (b) of Section 3740 shall be established
by the board at not more than three hundred fifty dollars ($350).
   (b) The fees for any examination or reexamination required by the
board shall be the actual cost to the board for developing,
purchasing, grading, and administering each examination or
reexamination.
   (c) The initial license fee for a respiratory care practitioner
shall be no more than three hundred dollars ($300).
   (d) For any license term beginning on or after January 1, 1999,
the renewal fee shall be established at two hundred thirty dollars
($230).  The board may increase the renewal fee, by regulation, to an
amount not to exceed three hundred thirty dollars ($330).  The board
shall fix the renewal fee so that, together with the estimated
amount from revenue, the reserve balance in the board's contingent
fund shall be equal to approximately six months of annual authorized
expenditures.  If the estimated reserve balance in the board's
contingent fund will be greater than six months, the board shall
reduce the renewal fee.  In no case shall the fee in any year be more
than 10 percent greater than the amount of the fee in the preceding
year.
   (e) The delinquency fee shall be established by the board at not
more than the following amounts:
   (1) If the license is renewed not more than two years from the
date of its expiration, the delinquency fee shall be 100 percent of
the renewal fee in effect at the time or renewal.
   (2) If the license is renewed after two years, but not more than
three years, from the date of expiration of the license, the
delinquency fee shall be 200 percent of the renewal fee in effect at
the time of renewal.
   (f) The duplicate license fee shall be seventy-five dollars ($75).

   (g) The endorsement fee shall be one hundred dollars ($100).
   (h) Costs incurred by the board in order to obtain and review
documents or information related to the criminal history of,
rehabilitation of, disciplinary actions taken by another state agency
against, or acts of negligence in the practice of respiratory care
by, an applicant or licensee, shall be paid by the applicant or
licensee before a license will be issued or a subsequent renewal
processed.
   (i) Fees paid in any form other than check, money order, or
cashier's check shall be subject to an additional processing charge
equal to the board's actual processing costs.
   (j) Fees incurred by the board to process return mail shall be
paid by the applicant or licensee for whom the charges were incurred.

   (k) Notwithstanding any other provision of this chapter, the
board, in its discretion, may reduce the amount of any fee otherwise
prescribed by this section.



3775.1.  (a) The fee for the approval of respiratory therapy schools
shall be established by the board at no more than the actual cost to
the board.
   (b) The fee for the renewal or approval of respiratory therapy
schools, who certify on forms provided by the board that no
substantive changes have occurred, shall be established by the board
at no more than the actual cost to the board, to be paid on a
biennial basis.
   (c) The fee for the inspection or reinspection of a respiratory
therapy school for the purposes of approval, reapproval, or the
investigation of a complaint of noncompliance shall be established by
the board at an amount to recover the actual costs incurred by the
board.
   (d) The review fee for the coursework and grades of an official
transcript of an applicant shall be established by the board at no
more than the actual cost to the board.


3775.2.  (a) The fee for approval of providers of continuing
education shall be established by the board at not more than the
following:
   (1) The initial application approval fee shall be seven hundred
dollars ($700).
   (2) The annual renewal fee shall be three hundred fifty dollars
($350).
   (3) The fee for rereview or additional approval of any amendments
to existing providers shall be three hundred fifty dollars ($350).
   (b) The delinquency fee for the annual renewal fee shall be 50
percent of the annual renewal fee.



3775.3.  The Respiratory Care Board of California shall report to
the appropriate policy and fiscal committee of each house of the
Legislature whenever the Respiratory Care Board of California
proposes or adopts an increase in any fee, and shall specify the
rationale and justification for that increase.



3775.5.  The fee for an inactive license shall be the same as the
renewal fee for the practice of respiratory care as specified in
Section 3775.


3776.  (a) Any person who submits to the board a check for fees that
is returned unpaid shall pay all subsequent required fees by cashier'
s check or money order.
   (b) Any person who submits to the board a check for fees that is
returned unpaid shall be assessed an additional processing fee as
determined by the board.



3777.  Where an applicant is issued a license to practice
respiratory care, and it is later discovered that all required fees
have not been paid, the certificate shall not be renewed or
reinstated unless all past and current required fees have been paid.