A licensed respiratory care practitioner in California is expected to conduct themselves professionally and in accordance with the law. Any allegation of incompetence, negligence, or misconduct can result in disciplinary action against you by the Respiratory Care Board. The board may issue a citation against you, or suspend or revoke your license. Every disciplinary action comes with its share of repercussions against your reputation, license, and livelihood. However, seeking the help of a license attorney can help reduce this impact.
At Santa Cruz License Attorney, we are always ready to help you navigate complex administrative processes and fight for your license. We can help you fight for the best possible outcome if you face disciplinary action in Santa Cruz.
The Importance of your License as a respiratory Care practitioner
A respiratory care practitioner is a healthcare expert in matters regarding breathing disorders. They diagnose, treat, and manage various breathing disorders, provide life support in emergencies, and educate the public about the health of their lungs and related organs. These experts can work in multiple settings within the healthcare sector, including geriatric and neonatal care. Their services are critical to people of all ages, and their primary focus is to improve their patients’ quality of life.
To work as a certified respiratory care practitioner in California, you require extensive training and experience. This means years of acquiring the right skills and learning the code of ethics, as well as all the laws governing your profession. Then, you can apply for a license to offer your services in the state. A license allows you to assess and treat various cardiopulmonary conditions legally. You can confidently attend to patients, manage their ventilators, and offer critical support to your patients and their families.
However, your license remains valid only as long as you perform your job in a professional, legal, and competent manner. If you violate any law governing your profession, or are negligent or incompetent during service delivery, the Respiratory Care Board can take away your license temporarily or permanently. When this happens, you lose years of training and dedication and are unable to earn a living using the skills you have acquired.
Fortunately, you can defend your career by fighting any allegation against you, or negotiating with the board for a favorable outcome. Facing disciplinary action does not automatically mean that you lose a career you have worked so hard to build. There is a lot you can do, with the help of a license attorney, to fight for your license during the administrative process.
The Mandate of the Respiratory Care Board
When you train as a respiratory care practitioner, you acquire skills to help people with breathing issues. However, you can only do this after obtaining a license. The Respiratory Care Board is the government agency responsible for issuing permits to qualified respiratory care practitioners. You must demonstrate competence and a greater understanding of the law and your professional mandate for the board to grant your license application.
However, this is not the primary reason the agency exists. Although it may seem as though the board’s primary mandate is to issue, suspend, and revoke licenses, its primary purpose is actually to ensure public safety. Everything the board does is for one main purpose: to ensure that the public is satisfied and safe in the hands of licensed respiratory care practitioners. Thus, the board can act against you if doing so would be in the best interests of the public. This means it can cancel or temporarily suspend your license to protect the public, including your patients.
Knowing this should inform your decision-making when an allegation is brought against you. Since you know that the board will take the public’s side when an allegation is brought against you, you must take care to protect your interests and license by hiring a skilled license defense attorney. They will help you navigate all complex legal processes and develop a solid defense against your allegation to ensure you keep your livelihood at the end of the administrative process.
When a complaint is brought against you by a patient, a patient’s family, your employer, a colleague, or any other member of the public, the board may investigate it or dismiss it. This depends on the kind of allegation. If it decides to ignore the allegation because it is unsubstantiated, you will not know of the allegation. However, if the board decides to pursue a claim, it will notify you of a pending investigation and hearing to determine the matter. This is the time you should also take action to defend your reputation and career.
Once the investigation is complete, the board will hold a hearing before an administrative judge to review the evidence and determine the appropriate action to take against you. You can prepare your proof and a statement and present them during this hearing through your attorney to increase your chances of a favorable outcome. The administrative judge presiding over the matter will review all evidence against and in your favor to determine the case. They will give recommendations to the board regarding the kind of discipline you should receive for your actions.
Allegations That Can Result in Disciplinary Action Against a Respiratory Care Practitioner
The board has a long list of dos and don’ts on its website for licensed respiratory care practitioners in California. You should periodically review the list to understand what is expected of you as you serve your patients and earn a living through your practice. Some of the allegations that put your license at risk include the following:
- Practicing without a license
- Committing insurance fraud or engaging in any other fraudulent activity
- Obtaining a license illegally
- Engaging in any type of professional misconduct
- Demonstrating incompetence
- Being negligent, whether gross, ordinary, or criminal negligence
- Engaging and supervising unlicensed assistants in a position that requires licensing
- Failing to refer a patient
- Asking for or offering kickbacks to refer a patient
- Breaking a patient’s confidentiality
- Failing to maintain a patient’s medical records properly
- Engaging in a crime or having a prior criminal record that substantially affects your professionalism
- Being under the investigation of any other government agency, or a licensing body from another state
Remember that the board does not investigate or take action against every allegation it receives. It can dismiss the claim against you, or pursue it, depending on its credibility or severity. Also, the action the board takes against unprofessional or negligent healthcare professionals depends on the severity of the matter. A skilled attorney will ensure you understand the gravity of the allegations against you and the possible outcome so that you can prepare well for your defense. They may try to negotiate for a favorable result before the hearing to protect you from lengthy legal processes. If this does not work, they can mount a vigorous defense during the hearing to increase the likelihood of a favorable outcome.
How a Skilled License Defense Attorney Can Help
Facing an allegation as a licensed healthcare professional is serious because it may affect your profession. You could lose your reputation, patients, livelihood, or license, marking a sad end to a career that took you years and cost you a lot of money to build. However, you may obtain a favorable outcome if you seek the help and support of a skilled attorney. An attorney can help you in various ways, depending on the kind of allegation you face and the type of outcome you need. Here are some of the everyday disciplinary actions by the Respiratory Care Board and how an attorney can help:
A Reprimand Letter
Sometimes, the board issues a reprimand letter if the allegation is not severe, just to warn you against similar conduct in the future. A reprimand mentions the allegation against you and the possible discipline if you repeat the same or make another mistake. Although a reprimand does not directly affect your livelihood, since you continue working after receiving it, it may damage your reputation. Reprimands are usually publicly issued. Anyone can see the reprimand and learn about the allegation against you. This may change people’s attitude towards you, or your service, including your patients, colleagues, and employer.
Your attorney can fight a public reprimand by explaining how damaging it can be to your career, especially if you are a reputable respiratory care practitioner. If the board accepts their argument, it may reconsider this action and opt for one that will have less impact on your career.
A Public Citation
The board may also use a public citation, requiring you to appear before a judge to pay a particular fine. This also works on lenient allegations that do not result in the injury or death of a patient or member of the public. A citation can work very well for you since it does not affect your livelihood. However, a public citation can hurt your reputation and career. If your employer, patient, or the public learns about your misconduct and the citation, you could lose clients or your job, and face difficulties finding new ones or a new job.
An aggressive attorney can fight this kind of discipline to reduce its impact on your career. If the fine is set high, your attorney can also negotiate for a favorable amount.
License Probation
The board can put your license on probation during or after the investigation. In this case, you can continue practicing and attending to your patient’s needs, but under strict and monitored conditions. For example, if you are alleged to engage in drug abuse or are allegedly addicted to drugs, the board may give you time to undergo rehabilitation as it monitors your performance.
In this case, you will continue working but are expected to undergo training, rehabilitation, and drug testing for a particular period. If you perform well after the probation, the board can fully reinstate your license. However, if you fail along the way, it can result in the suspension or revocation of your license.
Your attorney’s help will depend on your exact needs. If the strict probation conditions affect your performance, your attorney can negotiate for leniency. They may also negotiate for a favorable probation period to ensure you are back to work and freedom sooner rather than later.
License Suspension/Revocation
In cases of serious incompetence or professional misconduct, the board may suspend or revoke your license. This is a severe disciplinary action that the board takes in serious cases, whereby the well-being or lives of patients or the public are at risk. License suspension is usually temporary, while revocation is generally permanent. It means losing your license for a period, during which you cannot earn a living within the state as a respiratory care practitioner.
The possibility of losing a license that you worked so hard to obtain can put you under a lot of stress. However, a skilled attorney can help you fight against this stringent disciplinary action, allowing you to retain your license and livelihood in the end. Your attorney can use different strategies in this case, including introducing mitigating factors that may cause the board to consider your case with fairness.
For example, if you have a good track record of performance or have previously saved a life, this can work in your favor. Additionally, if you have consistently demonstrated professionalism and this is your first allegation in years, the board may reconsider its action against you. Your attorney can also fight for a favorable outcome if you have already taken the necessary steps to correct your behavior, for example, if you have already enrolled in a drug rehabilitation program for an underlying drug issue.
Find a Skilled License Defense Attorney Near Me
If you or someone you know is facing allegations for a criminal or administrative issue in Santa Cruz that puts your respiratory care practitioner license at risk, talk to a skilled attorney. An attorney will help you understand the seriousness of the allegation, your options, and possible outcomes. They will also develop strategies to help you fight the allegation for a favorable outcome.
At Santa Cruz License Attorney, we work closely with healthcare professionals like you to defend licenses that have cost them considerable time and money to obtain. We can assist you through the complex administrative process and during the hearing to ensure that your best interests are taken into account in the board’s final ruling. Contact us at 831-770-6474 to discuss your case and our services in more detail.
