It is wonderful to say that your work as a respiratory care practitioner (RCP) is to help people maintain their breath of life. Other names people often call you include inhalation therapist or respiratory therapist, but regardless of the title you prefer, your work involves treating patients with respiratory and breathing problems.
To become a licensed RCP, you must dedicate years to your education and training. Your duties as an RCP are sensitive, and sometimes, it could be challenging to make everyone happy despite the effort you put into your work. For example, a single false allegation or mistake could put your practice license at risk of suspension or revocation and ruin your hard-earned career.
After working hard and investing your money, you do not want to deal with any issue that could compromise your livelihood as an RCP. If you have any pending criminal charges or have received a notice of investigation from the Respiratory Care Board (RCB), hiring a skilled and experienced attorney is paramount.
Our primary job at San Jose License Attorney is to assist respiratory care practitioners like you in challenging any allegations that could jeopardize their careers and livelihood.
The Indispensable Duties of Respiratory Care Practitioner
Also abbreviated as RCP, a respiratory care practitioner offers invaluable services that aid patients in managing and overcoming various breathing issues and respiratory-related health complications. As a licensed respiratory therapist, your other responsibilities could include operating ventilators, respirators, and all other medical machines or equipment that help save many lives.
Whether you work in a hospice organization, home health, hospital, or anywhere else, your skills and expertise as a respiratory therapist are critical and much needed. Fortunately, people of different ages, including children, teenagers, and adults, can benefit from the services of a respiratory therapist. Most patients who could seek your services have the following medical conditions:
- Bronchitis
- Emphysema
- Asthma
- Congenital disabilities
- Stroke
- Heart attack
- Sleep apnea
- Cystic fibrosis
You could also benefit from the services of a licensed respiratory therapist if you have serious injuries resulting from an accident. Since some of these conditions are chronic, some patients could be frustrated and irritable and are likely to complain unnecessarily about everything. Therefore, you should learn to be patient and understanding when offering them your services to avoid unmerited allegations.
Without an attorney's help to show the board beyond a reasonable doubt that the allegations you are up against are untrue, you could lose your practice license due to false or unmerited allegations. As a respiratory therapist, some of your duties include:
- Providing life support services through testing, mechanical ventilation, diagnosis, and monitoring of a patient
- Educating patients about asthma
- Giving your patients aerosol medications
- Monitoring tracheostomies and any other artificial airway
- Administering medications
- Treating lifelong medical conditions listed above
- Spearheading programs that help people overcome smoking habits
- Educating patients and helping them rehabilitate
- Determining a patient's lung impairment level
- Taking patients' blood samples to measure the level of carbon dioxide, oxygen, and other gasses in their lungs
- Analyzing patients' X-ray and MRI results and their sputum
- Monitoring how your patients' response to the prescribed medication and treatment offered
Your responsibilities and duties as a trained respiratory therapist are undoubtedly demanding. While doing what you do best, misunderstandings or mistakes could occur, putting your license at risk of suspension or harsher discipline, like license revocation.
Unfortunately, the board does not understand that even the most seasoned respiratory therapist can make mistakes. If the board has received a complaint about your professional character or practice, it will notify you of the allegations you are up against and your options.
You will have up to fifteen (15) days from receiving this notice to file your defenses to the allegations. If not, the board will automatically suspend your practice license, meaning you cannot offer services during the suspension duration.
However, with the assistance of a skilled attorney, you could avoid the suspension. A seasoned attorney can help challenge the allegations you are against using well-crafted mitigating arguments to secure the best possible outcome.
How the RCB Works
Like any other licensing board, the Respiratory Care Board's (RCB) primary mission is to protect the community and the public against substandard and unsafe medical practices. Unfortunately, the RCB's primary concern is the safety of your clients and not you, the respiratory therapist. The board uses its authority to do the following:
- Restrict the issuance of practice licenses
- Suspend or revoke licenses for serious violations
- To enforce all laws related to your practice
- Issue citations and public reprimands where necessary
When the board receives a complaint or a notice about criminal allegations filed against you, it will likely suspend or revoke your practice license. However, the type of violation and the aggravating and mitigating factors in your unique case will also come into play when determining the appropriate and fair disciplinary action you should receive at the administrative hearing.
Examples of aggravating factors the administrative law judge (ALJ) will consider during this hearing include (but are not limited to) the following:
- The severity of the injury the patient sustained due to your violation
- Whether you have violations or complaints on your record
- The possible harm the patient would have suffered due to your mistake or violation
- Committing a crime around an underage
- Whether you have a misdemeanor or felony conviction for an offense substantially related to your responsibilities and qualifications as a respiratory therapist
Mitigating arguments that your attorney could raise to increase your odds of securing a favorable outcome include:
- Your conduct or behavior did not cause injury to anyone
- You understand that you committed a mistake and are remorseful
- You have received counseling and rehabilitation
- You do not have a criminal or disciplinary record
- The violation was accidental
- You notified the board about the violation
What to Do When You Receive the Board's Notice of Investigation
The steps you will take immediately after receiving the board's notice of investigation about an alleged criminal offense or consumer complaint can mean the difference between license revocation and retaining it. To increase the odds of securing a desirable outcome and retaining your license as the investigation continues, you should do the following after receiving the board's notice of investigation:
Avoid Panicking
While it can be frustrating and stressful hearing that the practice license you worked hard to secure is at risk of suspension, panicking is not an option. Instead, you should begin collecting all the evidence you can and eyewitness testimonies to help prove your side of the story at the administrative hearing to secure the best possible outcome.
Hire an Attorney
Considering what is at risk, you would not want to deal with the board's investigating officers and the ALJ without an attorney. The attorney you will hire will carefully investigate the allegations you are up against and interview eyewitnesses, if necessary, to prepare the best defenses that can help convince the board to drop your case or impose the minimum discipline possible. Ensure the attorney you will hire is:
- Qualified and experienced
- Credible and reputable
- Legally licensed
- Accessible and available
- Cost-friendly
Keep in Mind the Available Deadlines
To successfully fight the allegations you are facing, you should meet the available deadlines and make informed and well-thought-out decisions. For example, to preserve your legal rights to the board's administrative hearing, you should file a notice of defense within fifteen days of receiving a notice about the complaint filed against you.
Common Reasons That Can Attract the Board's Disciplinary Actions
The ALJ will use the board's disciplinary guidelines during the administrative hearings to determine the discipline you should receive for your violation. These offenses and complaints are either major or minor. Common violations that could negatively affect your career as a reputable respiratory therapist include the following:
- Substance Abuse
One of the offenses that many respiratory therapists face involves substance and alcohol use while on duty. When the board receives a complaint against you from either a client or colleague, it will investigate the matter keenly to determine whether the allegations are substantial.
If the alleged violation or complaint involves alcohol or drug addiction, the board could consider you incompetent to offer healthcare services and revoke or suspend your practice license. Similarly, if you are under arrest for any drug-related offense, including driving under the influence of drugs, the board could take disciplinary action against you.
Some of the legal defenses your attorney could raise to challenge these substance abuse allegations include the following:
- You were fatigued
- You have an underlying health condition that causes symptoms similar to those of alcohol intoxication.
- Sexual Misconduct
As mentioned above, most patients requiring the services of a respiratory therapist are frustrated and can be demanding. When you refuse to offer them what they want, some could formulate tactics to put you in trouble with the licensing board.
One of the most prevalent ways an angered or frustrated patient can seek vengeance against you is by filing sexual abuse allegations against you. With the assistance of a skilled attorney, you can prepare solid defenses to prove to the ALJ the allegations you are up against are untrue to receive the best possible results.
- Billing Fraud
Another common allegation many licensed respiratory therapists deal with involves fraudulent activities. A client could file a complaint against you, arguing that you billed him/her for medication and services you did not render. Using incorrect or wrong billing codes can also attract billing fraud charges.
Aside from attracting criminal legal penalties and fines, a billing fraud offense could also make the RCB suspend or revoke your practice license.
Other complaints and criminal allegations that could jeopardize your career as a respiratory therapist include:
- Unprofessional conduct
- Negligence or incompetence
- Practicing without a license
- Allowing unqualified professionals to work under your license
- Failure to meet the required continuing education requirements
If the board receives any of the above complaints or allegations against you, you should not regret retaining the services of a skilled attorney.
Potential Outcomes of the Board's Administrative Hearing
Unfortunately, when you lose the administrative hearing, meaning there is sufficient and clear evidence against you, the ALJ will decide a suitable disciplinary action for your unique case. Then, the board will decide whether to impose or modify the disciplinary action to suit your offense's seriousness. Either way, here are the potential outcomes of the board's administrative hearing:
- License revocation
- License probation
- License suspension
- Public reprimand
- Mandatory alcohol and drug rehabilitation
Remember, besides losing your practice license, the board could require you to pay the cost incurred during your case's investigation. Also, the disciplinary action you will receive will become a public matter because it will reflect on your record, affecting your ability to find new patients or a job.
If it is impossible to convince the ALJ to dismiss your case, a skilled attorney can prepare mitigating arguments to convince the board you deserve the minimum disciplinary action available. For example, when your license is on probation, you will continue offering your services to earn income. However, you must be ready to abide by all the board-set probationary terms and conditions for the required period.
Even when the board revokes your practice license, your career as a respiratory therapist is not over. With the legal assistance of your attorney, you can file an appeal petition to have your license reinstated or your disciplinary action reduced.
Find a Professional License Defense Attorney Near Me
If you are a licensed respiratory therapist, you understand that securing your qualifications is challenging. When you receive a notice from the board to notify you of a complaint filed against you, it can feel like your world is falling apart, but you have options.
Our attorneys at San Jose License Attorney can intervene and help you prepare solid defenses that can help you challenge the allegations to secure the most favorable outcome. We invite you to call us at 408-850-3740 to discuss the details of your unique case without our attorneys for the legal representation you deserve to protect your career and livelihood.
