Respiratory Care Practitioner

As a respiratory care practitioner, you have invested years and money to obtain your RCP professional license. You rely on your professional license to earn a living and support your loved ones. Therefore, if you are under investigation by the Respiratory Care Board, you should not take the issue lightly. The board’s mission is to protect the public’s welfare and safety, and it will neither protect your license nor advocate on your behalf. The Orange County License Attorney can help you understand the allegations against you and your rights. We can also prepare you for administrative hearings and interviews, collect and analyze relevant evidence to develop the most effective defense strategy, negotiate on your behalf, and represent you before the administrative law judge.

Who is a Respiratory Care Practitioner?

An RCP is a medical expert with training in the treatment, diagnosis, management, and assessment of individuals with respiratory health conditions. Here are their key roles:

• An RCP performs and analyzes tests to diagnose respiratory diseases. It can include arterial blood gas analyses and pulmonary function tests, among other procedures, to review oxygen levels and lung capacity.
• They manage and develop treatment plans for patients with acute and chronic respiratory diseases, like COPD, emphysema, and asthma, ensuring the treatment is both safe and effective.
• They offer care in emergencies, like when a patient requires advanced airway management or is experiencing a respiratory crisis.
• Sensitizing patients and their loved ones about respiratory diseases and their management. It can involve guidance on how to use inhalers, medications, and CPAP machines. 

An RCP works in the following environments:

• Hospitals
• An RCP with a medical degree can work with pulmonologists in private practice settings.
• Research and educational institutions
• Speciality care facilities that include specialized respiratory care centers, and advanced pulmonary rehabilitation centers where individuals receive treatment for severe or chronic respiratory conditions

While both RCPs and respiratory therapists play a significant role in respiratory care, they serve distinct purposes. 

The Mandate of the Respiratory Care Board (RCB)

The RCB mandate is serving and protecting consumers by doing the following:

• Licensing qualified practitioners
• Enforcing the Respiratory Care Practice Act and ensuring that violations do not occur
• Creating awareness of the profession
• Supporting the education of practitioners

Licensure Requirements

Under BPC 3740 (a), every licensure applicant must complete a respiratory care education program accredited by the Commission for Accreditation of Respiratory Care or its successor and have been awarded an associate’s degree from a university or institution accredited by an association that the U.S. Department of Education recognizes or a regional accreditation authority.

The RCB can waive education requirements if you present proof to the board that you have met the current education requirements that will ensure competent and safe practice. Some of the evidence you can present includes a history of good standing in licensure in California, a history of good standing in licensure in another state, and relevant work experience.

The licensing board can waive education requirements when the licensure applicant has the following:

• Completed one year of a respiratory care-approved program
• Has practiced care while serving in the United States military for more than two (2) years, full-time, within four years before applying for licensure
• You have a good standing in your military employment

It is a crime to practice with an expired professional license. You should renew your RCP license every two years. The license expires at midnight of its expiration date.

Your license qualifies for renewal ninety days before its expiration date and after you have met continuing education requirements.

Different Stages of RCP Professional License Defense

Here is what to expect when facing a professional disciplinary process:

Filing a Complaint

The disciplinary process begins when the licensing board receives one of the following notifications:

• Notification from another body, including another state
• A complaint — Any person, including a patient, your competitors, or your colleagues, can bring a complaint against you for breaching a professional standard, healthcare regulation, or law to the board.
• Notification of your arrest, conviction, or criminal charges

Common grounds for disciplinary process include the following:

• Engaging in conduct that can threaten patients or the pubic
• Attending to patients while intoxicated with alcohol or drugs
• Being convicted of an offense significantly related to the qualifications, functions, and duties of an RCP
• Being convicted of an offense that violates federal laws, state laws, or the Business and Professions Code
• Sexual misconduct with patients
• Repeated acts of negligence or gross negligence 
• Unlicensed practice
• Insurance fraud or fraudulent billing practice
• Failing to satisfy continuing education requirements
• Engaging in continuing education fraud

If the licensing board believes the complaint is within its mandate, it will delegate the issue to the investigation department for further investigation.

Attending an Interview

The board will notify you of the investigations when its investigator contacts you about the scheduled interrogations or when you receive an email or letter that does any of the following:

• Notifies you of the investigation or accusation
• Seek consent to terminate or suspend you from your job
• Allows you to join the board’s diversion program voluntarily

The board’s investigation team comprises experienced investigators, former enforcers, and forensic analysts.  While the team might seem calm and friendly, it is developing a professional disciplinary case against you. If the board contacts you about the interrogation and interview, hire an attorney. The attorney will develop a strategy and response that does not incriminate you and can increase the chances of resolving the case at the investigation phase without the board imposing any disciplinary action.  

At the end of the investigation, the RCB can refer the matter to the attorney general to proceed with the professional disciplinary process or drop it due to the absence of evidence.

Filing an Accusation

Next, the RCB will file your accusation and publicize it on its website, making it accessible to the public. The accusation indicates why the RCB wishes to impose disciplinary action on your license. Moreover, it includes a statement regarding the RCB’s investigation and enforcement fees that you are required to reimburse.

Your professional license defense lawyer can take the following steps, depending on the circumstances surrounding your case, to develop persuasive case defenses:

• File relevant paperwork
• Analyze regulations and laws regarding your alleged misconduct
• Work with expert witnesses
• Acquire a psychological evaluation or rehabilitation plan from a professional, if necessary.
• Hire an independent investigator who can collect evidence and find witnesses.
• Develop a rehabilitation strategy if you are substance abuse dependent
• Analyze potential criminal liability and its impact on your defense.

After receiving the official accusation, you have fifteen days to respond by bringing a notice of defense to the RCB. Otherwise, you will lose the RCP professional license by default. An attorney can assist you by bringing the notice of defense and doing the following:

• Engage in negotiations with the RCB for case dismissal or a favorable offer. If the involved parties enter an agreement, the RCB will impose a disciplinary order and settlement that resolves the matter. Your disciplinary order will outline the terms you must comply with.
• If the parties fail to settle, your lawyer will prepare and represent you aggressively at the Office of Administrative Hearings.

Attending Administrative Hearings

If the disciplinary matter is not resolved at the accusation phase, it will proceed to administrative hearings before an administrative law judge.

During the hearing, the ALJ will listen to both the accusing and defense sides. The ALJ will analyze the proof presented and recommend a disciplinary action to the RCB. The RCB can adopt, modify, or dismiss the recommendation. Typical disciplinary measures the RCB imposes are as follows:

• Private and public reprimand
• Citations
• Fines
• Probation
• License suspension
• License revocation
• Interim suspension

Appealing the RCB’s Imposed Disciplinary Measure

If you believe the imposed disciplinary action is unjustified, you have a right to appeal your disciplinary action (a writ of mandate). Here are some grounds for filing an appeal:

• Procedural mistakes—The board did not follow the required procedures during your disciplinary process. It can involve issues, like failing to adequately tell you about the alleged complaint, failing to follow the regulations of evidence, or failing to ensure your entitlement to present proof. A procedural error can compromise the objectivity of your disciplinary process, potentially creating a bias against you.
• Absence of evidence —The RCB should provide persuasive proof to reinforce its decision to impose disciplinary action. If you think adequate factual evidence did not support the board’s decision, you can file an appeal.
• If you believe the RCB’s decision contrasts with the proof presented before the AJ, you can argue the decision was erroneous. It can entail pointing out examples where the RCB misinterpreted the proof, jumped to conclusions no rational individual could draw from the evidence presented or overlooked key facts. 

When you submit a writ of mandate, it triggers the Superior Court to evaluate the RCB’s decision to analyze whether it satisfied statutory standards, was based on substantial proof, or complied with due process. The court verifies that the RCB acted within its discretion, and the decision was not capricious or arbitrary. Given the complicated nature of bringing a writ of mandate, consider hiring a lawyer. The lawyer can do the following for you:

• Prepare relevant paperwork
• Help you understand the intricacies
• Argue your case in court

Petition for Reinstatement of License or Reduction of Penalties

If you have lost your professional license, all is not lost. You can submit your petition for reinstatement once a certain amount of time has passed. Professional license reinstatement involves demonstrating good conduct during your probationary period and participating in rehabilitation as defined by the RCB and the licensing agency’s regulations and policies. 

If the board denies your license reinstatement application, you can request a hearing before the ALJ to establish your good conduct. You have the burden of proof in your reinstatement hearing. Seeking seasoned legal assistance can be beneficial.

Considerations when seeking your RCP professional license reinstatement are as follows:

• To be eligible, you must not be on parole or probation, and the required duration must have elapsed since the RCB denied your application
• The complexity of your reinstatement procedure and the duration it requires
• Legal prognosis for winning your petition — It entails presenting persuasive evidence that sufficient rehabilitation has occurred, including improvement in behavior and personal lifestyle, time has elapsed without further incidents, your overall attitude and outlook, and proof of the necessary degree of professional expertise.

Hiring a professional license defense attorney is crucial for achieving a favorable outcome in your case. The attorney knows the best evidence to get your case reinstated and can develop a compelling defense. Moreover, the lawyer will write a petition highlighting how you addressed issues during your rehabilitation duration and assure the RCB that you will neither be subject to a professional disciplinary process nor pose a risk to the public.

Mitigating and Aggravating Factors

The ALJ will apply the RCB’s disciplinary guidelines and protocols, considering both aggravating and mitigating factors when making a decision.

Here are the typical aggravating factors considered:

• The harm the patient suffered
• Potential risks that could have occurred
• Violation of your patients’ and employer’s trust 
• Prior violations
• A pattern of repeated violations
• Committing an offense that is substantially linked to your duties and qualifications

Your defense lawyer can use any of the following mitigating factors in your defense:

• You have taken rehabilitation measures
• Your violation was unintentional.
• A considerable duration has elapsed without repeating the violation.
• You do not have a prior criminal or professional disciplinary history
• Your behavior did not cause injuries

Find a Tenacious Professional License Defense Lawyer Near Me

RCB holds you as a respiratory care practitioner to high standards and requires you to be licensed to practice. When you are arrested or a person files a complaint against you with the board, it can jeopardize your license, which in turn can impact your career, livelihood, and reputation. It is in your best interest to have qualified legal representation, as it increases your chances of achieving the best possible case outcome.

The Orange County License Attorney can review the complaint and help you understand what is at stake. We can also draft a response to your allegations, represent you before RCB proceedings, and file petitions for your license reinstatement after revocation or suspension. Please call us at (714) 782-6386 to schedule your obligation-free consultation.