The Respiratory Care Board is one of the few California licensing agencies subject to a statute of limitations. The statute is Business and Professions Code section 3750.51. In general, the Respiratory Care Board must file an Accusation within three years from the date the Board discovers the alleged act or omission that is the basis for disciplinary action, or within seven years from the date the alleged act or omission that is the basis for disciplinary action occurred, whichever occurs first. There are exceptions and/or extensions for fraud in the procurement of a license, acts or omissions involving a minor, and sexual misconduct. There are also tolling provisions related to a licensee's delay in filing a compliance report and if evidence is unavailable due to a criminal prosecution. Procurement of a license by fraud is not subject to the statute of limitations.
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