The Respiratory Care Board of California regulates the practice of respiratory care practitioners in teh state. In addition to administering examinations and issuing licenses to professionals, the RCB protects consumers by administering and enforcing the Respiratory Care Act, which ensures the safe practice of respiratory care in the state.

Obtaining a respiratory care license may take years of dedication to studies, training, and passing a licensing examination. Unfortunately, you could lose your license if you violate the Respiratory Care Act. When you engage in misconduct and are reported to the board, you will undergo an investigation and face potential discipline, including a suspension or revocation of your license.

If you are under investigation by the RCB, you will benefit from the guidance of a skilled attorney.  At Fresno License Attorney, we offer expert legal insight for our clients facing potential professional license discipline in Fresno, CA.

The Role of Respiratory Care Practitioners in Healthcare

Respiratory care therapists are vital healthcare team members who assess, treat, and monitor patients with cardiac-respiratory and respiratory disorders. An RT can provide care for a patient both in a hospital setting, at home, or in sleep labs. Respiratory care practitioners in California are trained to play the following roles in healthcare:

  • Assist physicians in cardiopulmonary resuscitation and support critically ill patients.
  • Provide life support for patients who are incapable of breathing on their own.
  • Attend high-risk births to help babies with breathing difficulties.
  • Maintain open airways for surgery, intensive care, or trauma unit patients.
  • Helped stabilize high-risk patients during transportation by air or ground ambulance.
  • Provide respiratory care for adults and children at home.
  • Conduct tests to determine lung function.
  • Educate patients on how to manage lung disease and make lifestyle changes, like quitting smoking, to avoid worsening breathing conditions.
  • Offer assistance in the administration of general anesthesia.
  • Administration of medical gasses and inhaled drugs to patients with breathing difficulties.

Respiratory Care Board of California

The respiratory board is a government organization responsible for licensing and regulating respiratory care practitioners. Respiratory therapists play critical roles in the healthcare sector. Therefore, the board promotes excellence in respiratory care by awarding licenses and credentials based on competence. This is done to protect and enhance patients' lives in dire need of respiratory care services.

Evaluating Licensure Applications

You can apply for a license after completing your education and relevant training. Your license is your ticket to providing respiratory care services for hospital or home patients. The RCB's critical role is to review your application and determine whether you possess the necessary education requirements.

Under California Business and Professions Code 3740(a), all applicants seeking a respiratory care practitioner license must complete a one-year educational program accredited by the Commission of Accreditation for Respiratory Care and receive an associate degree from a recognized institution.

Issuing Licenses

The Respiratory Care Board of California is responsible for issuing professional licenses to individuals with all qualifications, including relevant education, training, and passing the licensing examination. The board will also keep a list of all the licensed professionals available to the public and other healthcare professionals.

License Renewals

The RCB lists requirements professionals must meet to renew their licenses. Often, you may need to undergo continued education and enter recommended training programs. Practicing without a valid license is a violation of the Respiratory Care Act. Therefore, you should always renew your license when necessary.

Taking Disciplinary Action

Violations committed by licensed respiratory care practitioners are reported to the board. In this case, the board will launch an investigation against the professional to determine the accuracy of the allegations. After an investigation, the board determines the appropriate disciplinary action to take on your license.

Common Complaints Received by the Respiratory Care Board of California

There is an expected code of conduct that all licensed respiratory care practitioners must follow to ensure quality care and the safety of patients. You can be reported to the board and face potential disciplinary action for a wide range of violations, including the following:

Changing a Physician's Prescription

Respiratory care practitioners work closely with physicians and other healthcare practitioners to offer critical care for patients with respiratory disorders. If you change or modify a physician's prescription without authorization, you can be reported to the board and risk losing your career.

Boundary violations

Professional boundaries in healthcare involve the scheduled length of care, limits to personal disclosure, consistent fee setting, and professional relationships. If you violate the boundary requirements with your patients, the board may investigate you.

Criminal Convictions

Many individuals fear spending time in jail and other consequences of a criminal conviction, like fines. However, for licensed respiratory care practitioners, there is a potential risk of losing your license if your conviction is reported to the RCB. Criminal convictions that could result in severe professional discipline include:

  • DUI (VC 23152)
  • Assault (PC 240)
  • Battery (PC 242)
  • Lewd acts with a minor (PC 288)
  • Burglary (PC 459)
  • Possession of a controlled substance (HSC 11350)

Billing Fraud

You must follow billing guidelines while you provide respiratory care services for California patients. You can be cited for billing fraud when you engage in acts that result in unlawful gain from a patient or their medical insurance company.

Negligence and Incompetence

The respiratory care board provides licensing and ensures consumer safety. You can be cited for negligence when your actions or failure to act place your patients at risk of injury or death.

Sexual Misconduct

As a respiratory care practitioner, your relationships with your patients must strictly remain professional. Engaging in sexual acts with patients is a violation that can result in losing your license.

Unlicensed Practice

You must always hold a valid practice license to offer services or seek employment as a respiratory care practitioner. If your license has expired or been suspended, you must take the appropriate measures to renew or reinstate it.

Substance Abuse

While the use of drugs and alcohol may seem like a personal choice, it can have a significant impact on your profession as a respiratory care practitioner. This occurs in cases where you go to work while intoxicated or your drug use affects the quality of services you offer to your patients.

Patient Charting Errors

Accurate, valid, timely, and trustworthy medical records enhance communication between healthcare providers and ensure patients receive the right level of care. Charting errors by respiratory care practitioners may result from reckless behavior or negligence and could have devastating effects on a patient's level of care.

Unprofessional Conduct

All licensed respiratory care therapists must uphold behavior that demonstrates integrity, supports objectivity, and fosters trust in their professionalism. Engaging in acts like falsifying credentials, intentional deception, and fraud can damage the public's trust in your services.

Disciplinary Process by the Respiratory Care Board of California

The disciplinary process by the RCB takes the following steps:

The Complaint

Violations by respiratory care therapists are reported to the Respiratory Care Board of California. The board receives numerous complaints yearly from patients, their families, employers, and the law enforcement department regarding conduct that does not adhere to the Respiratory Care Act.

Before initiating the disciplinary procedures, the RCB designates an official to conduct an initial review upon receiving a complaint against you. This review aims to ascertain the complaint's foundation and whether the RCB has jurisdiction over it. If the complaint is outside the purview of the RCB, it may be forwarded to the appropriate departments.

Investigation

When the board determines that your case falls within its jurisdiction, an investigator is appointed to handle it. An investigation by the Respiratory Care Board involves:

  • Interrogating witnesses, including the complainant
  • Obtaining documents that are relevant to your case
  • Checking your criminal record and license history.

Stipulated Agreement

You have a right to be notified when a professional complaint is made against you. You must respond to the board within 15 days of receiving this notice. You will indicate your plan to fight against the allegations in your response.

If the investigator in your case has sufficient evidence against you, they can suggest a stipulated agreement. This agreement allows you to accept liability for the misconduct and face disciplinary action. In this case, you will not attend an administrative hearing. If you consent to the stipulated agreement, you can negotiate with the board for a less severe disciplinary action.

Administrative Hearing

A hearing will be scheduled if you do not enter into the stipulated agreement. Your professional license discipline hearing is presided over by an administrative law judge. The board allows a pre-hearing phase for your case, allowing both sides to discover the evidence the opponent intends to present.

Under Government Code 11507.6, you can obtain the addresses of witnesses the board seeks to present at your hearing. This will help you prepare a solid defense against the allegations. The RCB's discovery phase ends within thirty days, after which a hearing is scheduled.

At the administrative hearing, you have a right to cross-examine the witnesses presented by the board and present evidence against the allegations. After assessing the evidence presented by both sides of the case, the ALJ has up to 30 days to decide on the relevant course of action against a professional.

Final Decision

The ALJ's ruling in your case is not conclusive. The board has 100 days to consider and either approve or reject this decision under Government Code 11517(c)(2). Alternatively, the board may continue the case before making a financial determination on the disciplinary action taken against you.

Appeal

You may appeal the board's decision to suspend your license. You have thirty days from receiving the final decision to file your appeal. The board will convene after you file an appeal to decide if you qualify for consideration. Under Code of Civil Procedure 1094.5, you have up to thirty days to petition for a writ of Mandate to review your case in the superior court.

Disciplinary Action Against Respiratory Care Practitioners

If, after the investigation and administrative hearing, the board determines that you engaged in the alleged violations, you may be subjected to the following disciplinary measures:

  • Public reprimand. When your violations are minor, the board may issue a public reprimand against you. A public reprimand is like a warning and will not affect your practice. However, it remains on your record and can be a reference for subsequent discipline.
  • License probation. If your respiratory care practice license is placed on probation, you can still continue to practice in your profession. However, the board can impose some conditions, which you must follow. Additionally, you will be under strict monitoring.
  • License suspension. The RCB can suspend your professional license for more serious violations. The length of the suspension will vary depending on the nature and severity of your violation. Additionally, the impact of the violation on your ability to offer safe services for your patients is critical. When the suspension period ends, you can petition for a reinstatement of your license.
  • License revocation. A license revocation is the harshest discipline you can face from the Respiratory Board of California. You can no longer practice as an RCB when your license is revoked. This could mean an end to your career.

Find a Competent License Defense Attorney Near Me

As a licensed respiratory care practitioner, you can be reported to the RCB if you engage in different forms of misconduct, including unprofessional conduct, substance abuse, sexual misconduct, and criminal convictions, among others.

When the board receives a complaint against you, you will be investigated to determine the accuracy of the basis of the allegations. If you are found to have committed the alleged violations, you can face various disciplinary actions, including public reprimand, license probation, suspension, or revocation of your license. If you are facing an accusation of professional misconduct, you must be aggressive to fight the allegations and keep your license.

At Fresno License Attorney, we will offer the legal representation and expert guidance you need to navigate your disciplinary process and secure a favorable outcome in Fresno, CA. Call us at 559-777-7040 to discuss your case details.