California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 8.3 — Respiratory TherapyArticle 5 — Suspension, Revocation, and Reinstatement of CertificatesSection 3752.7

Notwithstanding Section 3750, any proposed decision or decision issued under this chapter in accordance with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, that contains any finding of fact that the licensee or registrant engaged in any act of sexual contact, as defined in Section 729, with a patient, or has committed an act or been convicted of a sex offense as defined in Section 44010 of the Education Code, shall contain an order of revocation. The revocation shall not be stayed by the administrative law judge. For purposes of this section, the patient shall no longer be considered a patient of the respiratory care practitioner when the order for respiratory procedures is terminated, discontinued, or not renewed by the prescribing physician and surgeon.

Notes

Requires revocation when a proposed or final disciplinary decision finds that a licensee or registrant had sexual contact with a patient or committed or was convicted of a specified sex offense, and bars an administrative law judge from staying revocation. A patient ceases being a patient when the prescribing physician terminates, discontinues, or does not renew the respiratory-procedure order.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 3752.7 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-8-3/article-5/section-3752-7

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