THE RESPIRATORY CARE BOARD OF CALIFORNIA IS IN CHARGE OF REGULATING AND DISCIPLINING RESPIRATORY CARE PRACTITIONERS
The Respiratory Care Board of California is tasked with regulating respiratory care practitioners in the state of California. The Board usually files between ten to forty (10-40) accusations a year. In addition to filing new accusations, the Board also files petitions to revoke the probation of practitioners who have violated probation terms. Although the Respiratory Care Board of California is a relatively small administrative body, it would still be wise to follow its regulations, as the Board still has adequate resources to discipline those respiratory care practitioners who violate its rules.
COMMON CAUSES OF DISCIPLINE FOR RESPIRATORY CARE PRACTITIONERS
Respiratory care practitioners face board discipline based upon a wide variety of conduct. The Board has discretion to discipline individuals on a case-by-case basis. Nevertheless, certain conduct appears to show up in disciplinary proceedings more than others. Below are common causes of discipline for respiratory care practitioners.
- Driving Under the Influence: Driving under the influence is a quick way to be disciplined by the Board and potentially lose your license. In fact, driving under the influence is by far one of the top causes of discipline.
- Working Under the Influence: Even if you have a prescription, if you are working under the influence of a drug and that drug affects your performance you can expect to be disciplined.
- Self-Administration or Illegal Possession of a Controlled Substance: You may be disciplined if you personally use, or possess, a controlled substance in an illegal manner.
- Exceeding Scope of License, Authority, or Training: Respiratory care practitioners must follow the orders of physicians. Practitioners who override the judgment of physicians or exceed the scope of their license may be disciplined.
- Failing to Follow Orders: Failing to follow the orders of a physician, whether intentional or by accident, may lead to discipline.
- Tracheostomy Issues: Errors involving tracheostomy tubes is perhaps the most common type of medical error under which respiratory care practitioners are disciplined. Discipline may occur from using improper tube size or type, as well as failing to treat or monitor the patient after performing the tube change.
- Ventilator Issues: It is not as common to be disciplined for ventilator issues as it is for tracheostomy issues. Nevertheless, a respiratory care practitioner may be disciplined for failing to properly set the ventilator and perform any required monitoring.
- Misleading, Untrue, or Erroneous Documentation: Failing to properly create or author required work documentation, as well as making misleading, untrue, inconsistent, erroneous, or illegible entries in work documentation can quickly lead to discipline. Documentation errors is one of the most common causes of discipline.
- Failure to Administer a Drug or the Proper Amount of a Drug: If you are routinely tasked with providing medications to patients, the Board will discipline you for failing to administer the proper dosage of a drug, or according to the proper time interval.
- Dishonesty: Making false statements on license applications, renewals, disclosures, or other employment information, will lead to discipline.
- Inappropriate Conduct in Personal Life: Often termed as “unprofessional conduct”, practitioners will be disciplined for domestic disturbances, minor crimes, and other unbecoming behavior in the private or personal lives of practitioners.
- Ability to Practice is Impaired: If a respiratory care practitioner has a psychological or physical condition that negatively affects their ability to work, that individual may be disciplined.
- Failure to Submit to a Psychological or Physical Exam: Under certain circumstances, and often due to work performance, a respiratory care practitioner will be required to submit to a psychological or physical examination. Often the physical tests will be part of a “biological fluid testing program”. Failure to submit to examination will cause the respiratory care practitioners to be disciplined by the Board.
- Conviction or Discipline in Another Agency, State, or Court: The Respiratory Care Board of California may discipline a practitioner when that individual has been found guilty of a crime, or has been formally disciplined by another government agency, state, or court.
WHAT SHOULD YOU DO IF YOU ARE BEING INVESTIGATED BY THE RESPIRATORY CARE BOARD OF CALIFORNIA?
If you are being investigated by the Respiratory Care Board of California, you will likely be contacted by the Board or one of its agents. An instinctive reaction many individuals have to being investigated is to become dismissive or unresponsive to the Board. However, if you have become aware of the investigation, the Board may be intending to file an accusation against you. Rather than be dismissive or unresponsive, you may want to hire Malakauskas Law, APC to help represent you through the process.
Having an attorney by your side during the investigation can help you:
- Feel More Confident: As this will probably be a new experience for you, you will likely feel overwhelmed. Having an attorney by your side will help you feel more confident as the process is explained to you.
- Understand the Investigator’s Intentions: Based upon the actions of the investigator, an attorney may be able to figure out the investigator’s intentions and what conduct you will likely be accused of.
- Prevent Self-Incrimination: Having an attorney by your side will help you from accidently self-incriminating yourself.
- Prevent Perjury Traps: Dishonesty is a form of professional misconduct for which you can be disciplined. If an investigator believes that you have been dishonest, they will add that allegation to your accusation. Having an attorney help you can prevent the investigator from accusing you of dishonesty.
- Help with Exonerating Evidence: An attorney conducting their own investigation into the facts may result in uncovering evidence that exonerates you or portrays the facts from a more favorable perspective.
- Potentially Resolve the Case: An attorney may be able to convince the investigator that you have not violated any laws and steer the investigator towards evidence or facts which allow the investigator to reach the proper conclusion.
WHAT LAWS ARE RESPIRATORY CARE PRACTITIONERS DISCIPLINED UNDER?
When you are served with an accusation, the accusation most likely will reference California Business and Professions Code §§3750, 3750.5, and 3755. California Business and Professions Code §3750 lists seventeen categories with which the Board may discipline an individual. Some of these categories include “negligence”, “dishonesty”, and "documentation errors". California Business and Professions Code §3750.5.5 adds additional categories of discipline all relating to controlled substances. Finally, California Business and Professions Code §3755 deals with “unprofessional conduct”.
POSSIBLE OUTCOMES AFTER FACING AN ACCUSATION
When confronted with an accusation, you are faced with a variety of possible outcomes. The outcomes range from being inconvenienced by the whole process to losing your license and owing thousands of dollars. Below is a list of the outcomes you may face:
- Win: You may win at the administrative hearing and, or, have the accusation against you withdrawn.
- Revocation: You may face losing your license and losing your career.
- Voluntary Surrender: In some circumstances, you may decide that voluntarily surrendering your license is the best resolution of the matter.
- Suspension: You may face being prevented from practicing your career for a fixed amount of time.
- Probation: You may be put on probation subject to certain conditions.
- Public Reproval: You may face being publicly reproved on your permanent record.
- Fines: You may be required to pay the costs of investigation and enforcement of the accusation.
Obviously, the best possible outcome is to win your case. However, depending on the facts of the case and the evidence presented, that may not be possible. Some of the other outcomes should still be seen as victories depending on the circumstances.
Hearings before the Respiratory Care Board of California can occur quickly relative to the Court system. If you wish to challenge or contest the Accusation, you must file a notice of defense with the Respiratory Care Board of California within fifteen (15) days of being served with the Accusation. California Government Code §11506(c). Failure to file a notice of defense will constitute a waiver of your right to a hearing. Therefore, it is imperative that you act quickly to protect your rights. Malakauskas Law, APC, can get started on filing your notice of defense today.
WHAT IF YOU MISSED THE DEADLINE TO FILE A NOTICE OF DEFENSE?
If you missed the deadline to file a notice of defense, a default decision will be taken against you. Nevertheless, the Respiratory Care Board of California may grant a hearing “in its discretion” “on a showing of good cause”. However, a written motion requesting that the decision be vacated must be served within seven (7) days after service of the decision. California Government Code §11520(c). Nevertheless, the more prudent action is to file your notice of defense within fifteen (15) days after being served with an accusation.
WHAT IF YOUR ACCUSATION HAS ALREADY BEEN LITIGATED AND YOU ARE ON PROBATION? WHAT IF YOUR PROBATION HAS BEEN THREATENED? CAN YOU END YOUR PROBATION EARLY?
The information above has explained the investigative process and accusations. However, what if you are far past the accusation process and have already received a disciplinary order. Perhaps you are on probation. If you are on probation, you must diligently follow all of your probation requirements. The Respiratory Care Board of California will file yet another accusation or a petition to revoke your probation if you violate probationary terms. However, regardless of whether an accusation or a petition is filed, you will have a right to a hearing. You are also entitled to have an attorney represent you at the hearing. Imagine the comfort and confidence you will feel in having a strong advocate at your side.
However, what if you have not violated any of the terms of probation but rather desire to end probation prematurely or change its terms? California Business and Professions Code §3751 allows you to petition the Respiratory Care Board of California for an early termination of your probation or to modify the conditions of probation. Malakauskas Law, APC, can evaluate your case to see if you qualify for either. If you do qualify, Malakauskas Law, APC, can start the process today.
IF YOU ALREADY LOST YOUR LICENSE, CAN YOU REINSTATE YOUR LICENSE?
What if you surrendered your license or your license has already been revoked? Perhaps you deeply regret losing your license. Visualize how amazing it will feel to get it back. Do you wish you could get it back? If so, you may be able to file a petition to reinstate your license. You are allowed to petition to the Respiratory Care Board of California under Government Code §3751 to reinstate your license. Similar to the accusation process, your petition will likely be determined by a hearing in front of an administrative law judge. You will have to prepare the petition and provide testimony. Malakauskas Law, APC, can get started on your petition today and advocate for you during the hearing. Fighting to help you reclaim your license.
As you have been reading this website, you may have felt overwhelmed by the process, or perhaps the information has made you eager to defend or reclaim your license. Get your answers today. Contact Malakauskas Law, APC today for your free consultation. Call 866-790-2242 now for your free consultation.
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(c)Malakauskas Law, APC. Attorney Advertisement. This website shall not be construed as legal advice and is for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. Consult with your own personal attorney for more information on the subject matters.