To practice as a respiratory care practitioner (RCP), you must obtain the respective professional license. Obtaining an RCP license requires completing several years of education and specialized training. However, all your efforts and dreams could be thwarted within a split second if someone reports you to the Respiratory Care Board (RCB) for wrongdoing. The complaint may result in the suspension or revocation of your license, jeopardizing your career.
If you learn that someone has filed a complaint against you, you want to consult a knowledgeable professional license defense counsel as soon as possible. At Fresno License Attorney, we are devoted to helping clients protect their professional licenses, including RCP licenses, so they can continue to practice their careers. We know how the RCB works, including its regulations and laws, and understand the complexities of its investigations. Call us today for a consultation.
What Do RCPs Do?
Also referred to as respiratory therapists, RCPs provide essential, lifesaving, or life support procedures that impact major organs in the body. They provide relief to patients who cannot breathe independently due to impaired or nonfunctional lungs or those who experience breathing difficulties. Most patients whom RCPs attend to suffer from
- Stroke
- Bronchitis,
- Heart attack,
- Congenital disabilities,
- Sleep apnea,
- Amyotrophic lateral sclerosis
- Emphysema,
- Parkinson’s disease,
- Chronic obstructive pulmonary disease,
- Spinal muscular dystrophy,
- Drowning accidents,
- Acute respiratory distress syndrome
- Asthma, and
- Cystic fibrosis
RCPs also treat trauma victims and surgery patients. Trauma victims include those involved in auto accidents who cannot breathe on their own. They also attend to babies born prematurely, before their lungs are fully developed. Respiratory care also involves diagnostic testing, rehab services, and education.
In many cases, respiratory therapists work in the intensive care units, pediatric units, cardiac care units, and emergency rooms of hospitals. However, they can also be found working in other places, such as:
- Private homes,
- Labs (like blood gas, sleep testing, cardiopulmonary, and rehabilitation),
- Hyperbaric oxygen unit,
- Medical flight transport, and
- Nursing homes
- Sleep centers
- Outpatient clinics
Prevalent responsibilities of respiratory therapists in the areas they work are as follows:
- Administering medication to patients through dry powder, mist, or other inhalers
- Monitoring how patients respond to equipment and medication
- Taking patients’ blood to check their oxygen levels, carbon dioxide levels, and other results
- Monitoring patients’ breathing and other vital signs on a ventilator
- Intubating patients by inserting a tube via their mouth down to their windpipe
- Consulting with a patient’s doctors to clear mucus from their lungs or expand collapsed lungs
- Testing how well a patient’s lungs function, including how deeply they can breathe
- Conducting cardiopulmonary system studies and stress tests
- Administering life support via mechanical ventilation, such as analysis, monitoring, application, and assessment
- Interpreting test data
- Conducting rehab activities
- Taking and analyzing X-rays of the chest and analyzing sputum specimens
- Evaluating crucial symptoms and signs of respiratory-related conditions
- Conducting asthma education and smoking cessation programs
RCB Mission
The California RCB regulates respiratory therapists working within the state. This board has the mandate to safeguard consumers from the unauthorized and unqualified practice of respiratory care and unethical behavior by licensed respiratory care practitioners. The board also conducts public awareness regarding respiratory care and supports the education and development of respiratory therapists. Note that the board’s primary purpose is to safeguard patients and the public, rather than side with practitioners. Consequently, part of its functions include the following:
- Enforcing the California Business and Professional Code, Code of Regulations, and Respiratory Care Practice Act
- Issuing RCP licenses to qualified professionals
- Imposing disciplinary actions against RCPs who have violated the law, including issuing citations, public or private reprimands, and revoking or suspending their licenses for major violations
Any complaint against you as an RCP can jeopardize your license
Reasons Your RCP License May Be Under Investigation by the RCB
The RCB takes allegations against RCP licenses seriously. Since the board works to ensure patient safety, it is not reluctant to initiate a probe against a respiratory therapist to obtain answers. These are the most prevalent reasons the RCB may instigate an investigation into your license:
- Professional misconduct
- Excessive prescription of treatment or drugs
- Negligence, incompetence, or gross negligence
- Altering medical records
- Breach of confidence
- Filing fraudulent insurance claims
- False or misleading advertising
- Patient abandonment
- Sexual harassment, abuse, or exploitation
- Not providing a patient with their medical records
- Drug or alcohol abuse
- Prescription mistakes, including errors with drug interactions and dosage
- A conviction of a felony or misdemeanor substantially related to the duties, qualifications, and functions of an RCP
- Failure to correctly interpret medical tests
- Failure to note down the correct patient health history
How RCB Responds to Complaints
The RCB receiving a complaint against you of a possible violation may trigger its enforcement activity, beginning with a detailed investigation. If the board uncovers evidence that shows you have violated the law and the incident necessitates discipline, it will forward the issue to the office of the attorney general. If the attorney general or their deputy establishes that you have indeed violated the law, they will file a formal accusation against you if you are a license holder or a Statement of Issues if you are a license applicant.
Should you receive a Statement of Issues or an Accusation, you are entitled to dispute the accusations against you, provided you request an administrative hearing within fifteen days of receipt. You request this hearing by filing a Notice of Defense. Should you fail to file a Notice of Defense, the RCB will see it as having waived your right to the hearing, and it can take action against you as the Accusation or Statement of Issues outlines, including revocation.
However, if you file a Notice of Defense, the attorney general’s office will schedule a hearing with the Office of Administrative Hearing (OAH), which will be presided over by an administrative law judge (ALJ). Hearings at the OAH are similar to court trials. You will have the opportunity to present your case before the Deputy Attorney General and the ALJ. During this hearing, the deputy attorney general must demonstrate that you have committed the incident you are accused of by submitting clear, convincing evidence.
Once the hearing is over, the ALJ has thirty days to give their decision and recommendations. The judge may decide you did not commit any violation, so you should not face punishment. They may alternatively rule that you indeed committed the wrongdoing and deserve punishment. If so, they will recommend the appropriate disciplinary action.
The judge will then send their decision to the RCB for review. The board then makes the ultimate determination. It has the discretion to uphold the ALJ’s recommendations, or it can modify or decline them and decide on disciplinary action. The board will inform you of its decision in forty days after the hearing. You can appeal the decision if you are not content. Otherwise, it will become effective in 30 days.
Board Disciplinary Actions
Before the board imposes disciplinary action against you, it will consider the nature of the violation and various mitigating or aggravating circumstances. The board uses its Disciplinary Guidelines as a guide for determining the appropriate disciplinary action to impose. The disciplinary guideline categorizes violations into minor and major categories.
Generally, major violations are those that pose a threat to the public, a patient, or the professional themselves. All alcohol- or drug-related violations are major violations. These particularly include
- Failing to undergo drug testing,
- Attending to a patient when intoxicated, and
- Cheating to pass an alcohol or drug test
Failure to comply with the license probation conditions when subject to such for a prior violation is also deemed major misconduct.
A major violation will likely lead to an interim suspension order. This is when the board immediately suspends your license pending a complete investigation into your case. The board issues an interim suspension order, especially when the public’s welfare, health, or safety will be at risk if a professional continues to practice. It is an immediate protective measure, not an ultimate punishment, which permits the RCB to prevent harm pending the resolution of the case.
Other possible disciplinary actions for major violations are a license suspension or revocation. When the board suspends your RCP license, it means it has temporarily prohibited you from practicing your profession for a particular period. Suspensions can last from several months to years. Violations that can lead to license suspension include failing to satisfy continuing education requirements and ethical lapses. The board might require some corrective actions before reinstating your license, such as paying a reinstatement fee and completing continuing education hours.
When the board revokes your RCP license, it means that it is permanently canceling it. It will not allow you to practice respiratory care unless you meet strict reinstatement requirements. Revocation is the most severe form of disciplinary action and is reserved for severe violations such as fraud, gross negligence, or criminal convictions substantially related to the RCP profession. Once the board revokes your license, it may even bar you from reapplying. Reinstatement is rare and usually necessitates a new application process years later.
Minor violations involve such things as failure to obey minor probation terms only once. They also include violations that do not present any harm or threat of harm to the public, the patient, or the licensee.
A citation and fine are the likely disciplinary actions for minor violations. Note that citations and fines are public records, accessible to possible future employers and patients. That said, even a minor violation is worth contesting to prevent a citation from going to your professional record.
Another disciplinary action for a minor violation is a letter of reprimand. This is a formal, usually public, disciplinary notice from the board. It serves as a written warning to prevent future violations. Although this is the mildest board discipline, it is a public record, and anyone can access it.
License probation is another form of discipline for minor violations. When the board places your RCP license on probation, it means it is allowing you to continue practicing but under strict terms and conditions. These conditions may include being supervised, being monitored, and enrolling in therapy for a specified period. License probation acts as the middle ground between keeping and losing your license. It requires you to demonstrate your fitness to continue practicing through specific actions.
Mitigating Factors
In some cases, your lawyer may be able to beat the accusations against you when facing board discipline. This is especially so when there are mitigating circumstances in your case. If the mitigating circumstances do not lead to a case dismissal, they can lead to you facing lenient action as opposed to harsh punishment. Mitigating factors considered in your case are as follows:
- You recognized your wrongdoing or mistake and have already taken remedial action to prevent it from happening again.
- Your violation was unintentional.
- Much time has gone by since you committed the violation, and you have not repeated it or committed any new wrongdoing.
- There is no prior disciplinary action or criminal record against you
- You escalated the wrongdoing to the RCB yourself
- You have enrolled in rehabilitation
- Your actions did not cause harm to anyone, and such an injury was unlikely to happen.
Aggravating Factors
In other cases, it might be impossible to avoid punishment. Instead, you can be subject to severe disciplinary action. This mainly occurs when there are aggravating circumstances present in your case. Examples of aggravating factors the board considers include the following:
- Any actual or possible harm that your actions could have caused
- If your actions violated your employer’s or a patient’s trust
- There is a pattern of repeating the wrongdoing under scrutiny
- You have a prior disciplinary or criminal history
- You committed the violation when a minor was present
- You have a felony or misdemeanor on your criminal record that is significantly related to the duties, qualifications, and functions of an RCP.
Contact a Competent Professional License Defense Lawyer Near Me
Matters involving RCP licenses can be overwhelming and stressful. That said, you want to have an expert professional license defense attorney on your side. Whether you seek to retain your license, are a new applicant, or wish to reinstate your license after revocation, we at Fresno License Attorney can help you. We boast the resources and tools to develop a compelling defense strategy. We can also guide you through the various requirements and provide you with the peace of mind you deserve. Call us at 559-388-5402 to share your case.
