Respiratory Care Practitioner

Respiratory Care Practitioners (RCPs), also known as Respiratory Care Therapists (RCTs), provide crucial care duties for patients in healthcare facilities across California. These professionals treat patients with different breathing conditions or complications. That said, they usually undergo extensive training to acquire the knowledge, stamina, and skills to withstand working for long hours and handle the demands placed on them.

However, as an RCP, even with your experience, you can make mistakes that may place your license at risk. If someone reports you to the Respiratory Care Board (RCB) for committing a mistake or violating a law or ethical standards, the career you worked so hard to acquire could be on the line. In this case, you need the assistance of a highly experienced professional license defense lawyer.

At Riverside License Attorney, we have decades of experience handling disciplinary cases before the RCB. We can represent you before the board, defending your rights and best interests. If you face wrongful accusations, we can help you fight to ensure that you retain your license and continue to practice. On the other hand, if you indeed made a genuine mistake, we can successfully mitigate your case, so your license faces lenient disciplinary action. Call us for a consultation.

The Function of the California RCB

The RCB is a state government body with a mandate to serve and safeguard consumers by enforcing the Respiratory Care Practice Act in the interest of safe respiratory care practice. It also regulates the RCP profession in the state and licenses eligible practitioners. The board’s roles aim to protect and enhance the lives of patients in dire need of respiratory care services. Specifically, the board’s key functions include the following:

• Protecting the general public. The primary goal of the RCB is to safeguard consumers by ensuring a high standard of care and probing into any misconduct.
• Regulation. The RCB regulates the respiratory care practice to ensure it is effective and safe. This includes defining the scope of practice for licensees.
• Enforcement. The board enforces the Respiratory Care Act by investigating complaints against RCPs, imposing disciplinary actions, and overseeing the imposed disciplinary actions for violations.
• Screening applicants and issuing licenses. The RCB administers exams to license applicants and issues licenses to RCPs who satisfy the minimum competency and education standards. The board also performs background checks on the licensees before issuing them licenses. In short, since RCPs are among the essential professionals in healthcare, the board enhances excellence by awarding credentials and licenses contingent on competence.
• Renewing licenses. The board lists conditions licensees must satisfy to renew their professional licenses. Typically, you have to complete approved training programs and undergo continued education. Practicing with no legitimate license violates the Respiratory Care Act. Therefore, always renew your professional license when necessary.
• Professional support. The RCB also provides support for developing the RCP profession by supporting the training and education of RCPs and raising awareness among the public.

What Is the Work of RCPs?

Certified and licensed RCPs routinely do critical doctor-prescribed life support and lifesaving procedures that directly impact body organs.  They care directly for the patients in their homes or at a hospital setting. A patient who benefits from respiratory care might be suffering from emphysema, lung cancer, cystic fibrosis, asthma, and other respiratory and cardiac-respiratory disorders. Or they might be premature babies whose lungs have not fully developed yet. Specifically, RCPs have undergone training to perform the following healthcare functions:

• Providing respiratory care for children and adults at home
• Assist in stabilizing high-risk patients when being transported by ground or air ambulance
• Maintain open airways for trauma unit, intensive care, and surgery patients
• Attend to high-risk births to assist infants with breathing difficulties
• Give life support to patients unable to breathe by themselves
• Help doctors support critically ill patients and perform cardiopulmonary resuscitation
• Educating patients on managing lung disease and making lifestyle changes, such as stopping smoking, to prevent the worsening of breathing conditions
• Conducting tests to establish lung function
• Offering help in administering general anesthesia
• Administering inhaled or aerosol drugs and medical gases to patients who experience breathing difficulties

The Most Prevalent Complaints Brought to the RCB

The Respiratory Care Board can initiate disciplinary action against you if someone files a complaint against you for any of the following:

• Changing a physician’s prescription
• Boundary violations
• Conviction of an offense substantially related to the functions, duties, and qualifications of an RCP
• Failure to report criminal convictions or criminal charges to the board
• Theft or fiscal dishonesty
• Patient charting mistakes
• Insurance fraud or other fraudulent billing practices
• Incompetence, negligence, or gross negligence
• False advertisement
• Unprofessional conduct
• Peer review actions
• Sexual misconduct with patients
• Alcohol or substance abuse that affects patients
• Unlicensed practice of respiratory care or aiding unlicensed practice
• Complaints about the quality of care
• Failure to satisfy continuing education requirements
• Continuing education fraud

The Board Disciplinary Process Against RCPs

The RCB disciplinary process entails different steps:

Filing of a Complaint

The RCB’s disciplinary process against you as an RCB kicks off when the board receives a complaint against you. The complaint could come from anywhere, from your patient, another RCP, a doctor, a member of the public, a competitor, or another board. The complaint could mention that you have breached a law, healthcare regulations, or professional standards. The board can also initiate the disciplinary process against you if it is notified of:

• Disciplinary action imposed by a different board, either in California or another state, for example, the California DCA (Department of Consumer Affairs).
• Criminal charges, an arrest, or a conviction

When the board receives the complaint or notification, it will review it to establish whether it falls within its jurisdiction. If it does, it will escalate the complaint to its investigative division for further probe.

The board will generally notify you of the investigations against you when the investigator calls you to set up an interrogation. Alternatively, you can be informed when you receive an email or letter that:

• Seeks authorization to release your employment
• Legally notifies you of an allegation or investigation
• Offers you an opportunity to enroll in the board’s diversion program willingly

Respiratory Care Board investigators comprise forensic analysts, expert investigators, and ex-law enforcement officers. These parties often appear to be friendly, calmly wanting to hear your side of the story. However, in reality, they are generally looking to develop a compelling case against your license.

If an investigator requests that you attend an interview, seek an attorney’s counsel first before proceeding. The attorney will help you carefully craft your response and develop a strategy that does not incriminate you or weaken your defense. Skilled attorney representation can substantially elevate the likelihood of your case being dismissed at the investigative stage and of avoiding disciplinary action.

Depending on how the investigation turns out, the RCB could decide to take the following actions:

• Close the matter because of no or inadequate evidence to substantiate the complaint
• Refer the matter to another body with appropriate authority
• Issue a fine or citation
• Issue a cease and desist letter or a warning letter
• Send the complaint to the district attorney for criminal action
• Send the case to the Office of the Attorney General for a formal Accusation filing

Filing of a Formal Accusation

If the board decides to send the complaint to the Office of the Attorney General, the deputy attorney general may file a formal Accusation, which the board publicizes on its website, thereby making it a public record. The Accusation mentions why the RCB wishes to take action against your professional license. Additionally, it contains a statement for recovering costs, highlighting the RCB’s investigation charges you must reimburse.

After a formal Accusation is filed against you, the attorney general’s office will serve it to you. You must file your response to this Accusation within fifteen days. Filing a response entails bringing a Notice of Defense to the board. If you do not file the Notice of Defense, your license may go into suspension by default. If you are a license applicant being accused of a violation, you will file a Statement of Issues when responding to the Accusation sent to you.

If the RCB has notified you that it has brought an Accusation against you, do not respond without consulting an experienced professional license defense lawyer. A lawyer can assist in responding to the accusations you face before the case proceeds any further so that you safeguard your livelihood and reputation. They can also do the following to help your case:

• Negotiate with the board. Your lawyer can negotiate the best possible plea bargain with the board and the deputy attorney general. If these parties reach a deal you agree to, the RCB will settle the case and issue a disciplinary order. This order outlines the various conditions that must be obeyed to continue practicing respiratory care.
• Prepare you for your administrative proceeding. If no favorable plea deal is reached, your attorney can aggressively defend you when your case is subject to a hearing at the Office of Administrative Hearings (OAH).

Administration Hearing

If your matter does not settle at the Accusation filing, you will be subject to an administrative hearing before an administrative law judge (ALJ) at the OAH. The ALJ determines your case’s merits and outcome.

The administrative hearing is attended by the RCB’s attorney, your attorney, and the ALJ. You and the board will have an opportunity to present your cases and evidence. Once the hearing is over, the ALJ will assess the presented evidence and write their recommendations to the RCB regarding what action it should take. The ALJ has 30 days to give their recommendations.

In many cases, the ALJ may recommend probation. The board has the discretion to follow or not to follow the ALJ’s recommendations. Prevalent disciplinary actions by the RCB are as follows:

• Interim suspension. The ALJ or board may issue an order to suspend your license immediately. The judge often issues this order if allowing an RCP to continue attending to patients would harm them (the patient) and the public.
• Citations and fines. If yours is a minor violation, the board may impose a citation or fine against you.
• Public reprimand. This is an official warning from the board, informing you that your conduct is unacceptable and needs correction.
• Probation. The RCB can subject your license to probation. Your license being on probation means you continue practicing, but under restrictions. The RCB may order you to comply with specific terms.
• License revocation or suspension. Having your license suspended or revoked is the most severe discipline you can be subject to. If the board suspends your license, it means you will cease practicing for a given time. Conversely, if the license is revoked, it means you will be unable to practice for an indefinite period, and in some cases, permanently.

Appealing the Judge’s Decision

If you believe the judge ruled your case unfavorably at the end of the hearing, you can file a writ of mandate with the Superior Court. You generally have 30 days from the judge’s ruling to file your writ of mandate petition. A writ of mandate may give you relief should you believe the ALJ made mistakes in their verdict.

If your petition does not give positive results, you can escalate your case to the Appellate Court. Typically, appeals are technical, characterized by complex timelines, evidentiary limitations, and a limited scope of review. For example, the court will not review any new evidence during your appeal. It will only review your case to determine whether there were any mistakes made.

Find an Experienced Healthcare License Defense Attorney Near Me

If your RCP license is under investigation or facing disciplinary action, you need expert legal help to stand a chance of saving it. Do not go to those inexperienced professional license defense lawyers for legal counsel, or try to solve the matter alone. A lot is on the line for you to gamble with, including your career, reputation, and livelihood. You should consult an expert and highly qualified healthcare license lawyer for assistance.

At Riverside License Attorney, we are skilled practitioners in defending healthcare professional licenses, including the RCP license. We understand how the RCB and other state licensing boards operate, as we frequently interact with them when defending our clients against disciplinary actions. Call us at 951-410-8612 as soon as you learn your license is under investigation, and you risk losing it. We will evaluate your case and advise on the possible course of action.