California 2015-2016 Regular Session Status: Enacted

AB 923 — Respiratory care practitioners.

Last action — Chaptered by Secretary of State - Chapter 253, Statutes of 2016.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 26, 2015. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Under the Respiratory Care Practice Act, the Respiratory Care Board of California licenses and regulates the practice of respiratory care and therapy. The act authorizes the board to order the denial, suspension, or revocation of, or the imposition of probationary conditions upon, a license issued under the act, for any of specified causes. A violation of the act is a crime. This bill would include among those causes for discipline the employment of an unlicensed person who presents herself or himself as a licensed respiratory care practitioner when the employer should have known the person was not licensed. The bill would also include among those causes for discipline the provision of false statements or information on any form provided by the board or to any person representing the board during an investigation, probation monitoring compliance check, or any other enforcement-related action when the individual knew or should have known the statements or information was false. The bill would provide that the expiration, cancellation, forfeiture, or suspension of a license, practice privilege, or other authority to practice respiratory care, the placement of a license on a retired status, or the voluntary surrender of a license by a licensee, does not deprive the board of jurisdiction to commence or proceed with any investigation of, or action or disciplinary proceeding against, the licensee, or to render a decision to suspend or revoke the license. (2) Under the act the board may take action against a respiratory care practitioner who is charged with unprofessional conduct which includes, but is not limited to, repeated acts of clearly administering directly or indirectly inappropriate or unsafe respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques, and violation of any provision for which the board may order the denial, suspension, or revocation of, or the imposition of probationary conditions upon, a license. The act provides that engaging in repeated acts of unprofessional conduct is a crime. This bill would expand the definition of unprofessional conduct to include any act of abuse towards a patient and any act of administering unsafe respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques. Because this bill would change the definition of a crime, it would impose a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 253, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:45 a.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 5877.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 18 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4968.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Ordered to third reading.

  10. From Consent Calendar.

  11. Read second time. Ordered to Consent Calendar.

  12. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

  13. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (June 6). Re-referred to Com. on APPR.

  14. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

  15. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

  16. Referred to Com. on B., P. & E.D.

  17. In Senate. Read first time. To Com. on RLS. for assignment.

  18. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 3509.)

  19. Read second time. Ordered to Consent Calendar.

  20. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (January 21).

  21. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 14. Noes 0.) (January 12). Re-referred to Com. on APPR.

  22. Re-referred to Com. on B. & P.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.

  24. In committee: Hearing postponed by committee.

  25. Re-referred to Com. on B. & P.

  26. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.

  27. Referred to Com. on B. & P.

  28. From printer. May be heard in committee March 29.

  29. Read first time. To print.

Sponsors

  • Steinorth · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Steinorth

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 66004
Democratic 5000
Republican 5000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Holden — Yea
Kim — Yea
Maienschein — Yea
Mathis — Yea
Medina — Yea
Nazarian — Yea
Obernolte — Yea
Quirk — Yea
Santiago — Yea
Thurmond — Yea
Williams — Yea
Eggman — Not Voting
Cooper — Yea
Daly — Yea
Gatto — Yea
Burke — Yea
Campos — Yea
Chang — Yea
Salas — Yea
Bonilla — Yea
Gordon — Yea
Harper — Yea
Jones-Sawyer — Yea
Gray — Yea
Lopez — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Melendez — Yea
Mullin — Yea
Alejo — Yea
Bigelow — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
O'Donnell — Yea
Olsen — Yea
Rendon — Yea
Ridley-Thomas — Yea
Wagner — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Frazier — Not Voting
Atkins — Not Voting
Chau — Yea
Chu — Yea
Hadley — Yea
Levine — Yea
Linder — Yea
Rodriguez — Yea
Steinorth — Yea
Ting — Yea
Wood — Yea
Gomez — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 3000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Hertzberg — Yea
Leno — Yea
Leyva — Yea
Monning — Yea
Morrell — Yea
Vidak — Yea
Fuller — Yea
Cannella — Yea
Galgiani — Yea
Glazer — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Hancock — Yea
Hernandez — Yea
Beall — Yea
Block — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Yea
Nielsen — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Wolk — Yea
Hall — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 0001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Hernandez — Yea
Mendoza — Yea
Galgiani — Yea
Bates — Yea
Block — Yea
Hill — Yea
Wieckowski — Yea
Beth Gaines — Yea
Jackson, Corey A. Democratic Not Voting

Official roll call →

Passed 78 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 69001
Democratic 4000
Republican 5000
Total 78001
% of votes cast 99%0%0%1%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Brough — Yea
Brown — Yea
Holden — Yea
Levine — Yea
Maienschein — Yea
Mathis — Not Voting
O'Donnell — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Williams — Yea
Wood — Yea
Eggman — Yea
Daly — Yea
Frazier — Yea
Harper — Yea
Salas — Yea
Linder — Yea
Low — Yea
Mayes — Yea
Chau — Yea
Chu — Yea
Cooper — Yea
Nazarian — Yea
Obernolte — Yea
Olsen — Yea
Rendon — Yea
Weber — Yea
Wilk — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Burke — Yea
Gray — Yea
Jones-Sawyer — Yea
Atkins — Yea
Campos — Yea
Bonilla — Yea
Kim — Yea
Lopez — Yea
Chang — Yea
Chiu — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
McCarty — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Quirk — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Thurmond — Yea
Wagner — Yea
Waldron — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 13000
Republican 2000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Holden — Yea
Wagner — Yea
Eggman — Yea
Daly — Yea
Gomez — Yea
Bonilla — Yea
Bigelow — Yea
Bloom — Yea
Weber — Yea
Chang — Yea
Quirk — Yea
Wood — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 14 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Republican 1000
Total 14000
% of votes cast 100%0%0%0%
How each member voted (14)
Member Party Vote
Bloom — Yea
Holden — Yea
Mullin — Yea
Eggman — Yea
Campos — Yea
Bonilla — Yea
Chang — Yea
Baker — Yea
Dodd — Yea
Ting — Yea
Wilk — Yea
Wood — Yea
Gatto — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 923 do?
(1) Under the Respiratory Care Practice Act, the Respiratory Care Board of California licenses and regulates the practice of respiratory care and therapy. The act authorizes the board to order the denial, suspension, or revocation of, or the imposition of probationary conditions upon, a license issued under the act, for any of specified causes. A violation of the act is a crime. This bill would include among those causes for discipline the employment of an unlicensed person who presents herself or himself as a licensed respiratory care practitioner when the employer should have known the person was not licensed. The bill would also include among those causes for discipline the provision of false statements or information on any form provided by the board or to any person representing the board during an investigation, probation monitoring compliance check, or any other enforcement-related action when the individual knew or should have known the statements or information was false. The bill would provide that the expiration, cancellation, forfeiture, or suspension of a license, practice privilege, or other authority to practice respiratory care, the placement of a license on a retired status, or the voluntary surrender of a license by a licensee, does not deprive the board of jurisdiction to commence or proceed with any investigation of, or action or disciplinary proceeding against, the licensee, or to render a decision to suspend or revoke the license. (2) Under the act the board may take action against a respiratory care practitioner who is charged with unprofessional conduct which includes, but is not limited to, repeated acts of clearly administering directly or indirectly inappropriate or unsafe respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques, and violation of any provision for which the board may order the denial, suspension, or revocation of, or the imposition of probationary conditions upon, a license. The act provides that engaging in repeated acts of unprofessional conduct is a crime. This bill would expand the definition of unprofessional conduct to include any act of abuse towards a patient and any act of administering unsafe respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques. Because this bill would change the definition of a crime, it would impose a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 923?
AB 923 is sponsored by Steinorth.
What is the current status of AB 923?
This bill has been enacted into law. Introduced February 26, 2015. Enacted.
Where can I track AB 923?
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