The California Respiratory Care Board (RCB) voted unanimously in August 2007, to begin issuing citations and fines for the unlicensed practice of respiratory care associated with polysomnography. Fines can reach up to $15,000 per offense, affecting both unlicensed practitioners and employers of these practitioners. The RCB originally issued five citations, but as of this report, these citations have been placed on hold.

The RCB is interpreting the phrase “maintenance of the natural airways” in Section 3702(2)(d) of the Respiratory Care Practice Act as their justification that only licensed respiratory therapists can perform CPAP, BiPAP and O2 titrations.

The AASM and AAST believe the RCB is misinterpreting the statutory language and is recklessly overstepping its regulatory authority. The Board’s actions have served as a catalyst for the formation of the California Sleep Society (CSS). AASM and AAST have assisted with the creation of the CSS. The society was formed to give sleep technologists a strong, unified voice against the Board’s imminent actions.

The newly formed CSS held its first meeting on January 26, 2008. The meeting was attended by more than 60 sleep medicine specialists, sleep technologists and others involved in the sleep medicine field. Click here to read the minutes to the meeting.