Becoming a qualified respiratory care practitioner (RCP) or respiratory therapist requires extensive training and study. In addition to being a time-consuming process, you must meet certain criteria and pay a fee to secure a practice license from the Respiratory Care Board (RCB), which allows you to offer your services lawfully.
Unfortunately, one accusation of wrongdoing could unravel everything you worked hard for. When the RCB receives a complaint of wrongdoing or misconduct from your colleagues, government agencies, or your patients, your entire career as a respiratory therapist is immediately on the line.
At Kern County License Attorney, we stand ready 24/7 to ensure you receive adequate legal representation when facing an accusation that could negatively impact your career as an RCP. Our experienced attorneys will walk you through every phase of the process and present mitigating arguments to help you secure a positive outcome.
How to Apply for a Practice License to Work as a Respiratory Therapist
If you want to kick off your career as a respiratory therapist or RCP, you must submit your application for licensure to the RCB once you complete your education requirement or within ninety (90) days before meeting this requirement.
Therefore, if you are a recent graduate, you should submit your application for an RCP license as soon as possible (but no earlier than 90 days) to give the RCB officials ample time to process it. To minimize license processing time, the RCB encourages all applicants to submit their applications online via its website.
Unfortunately, not every application is successful. To qualify for an RCP license, you must meet certain strict requirements. For example, the board will require you to submit the following:
- Passport-size photo
- Initial application fee receipt
- Your transcripts
- National Board of Respiratory Care (NBRC) examination requirement
- A certificate of completion for the Law and Professional Ethics course
- Fingerprint cards
If you have concerns or questions about the RCP license application process, consulting with a seasoned attorney could help. An experienced attorney can help you compile all the information the RCB requires when determining whether you are eligible for a respiratory therapist license, increasing your odds of securing a desirable outcome.
Crucial Duties of Licensed RCP’s
RCPs are vital experts who play a vital role in our communities. These professionals offer vital services to help people manage various respiratory disorders. As a qualified and licensed professional, your skills could be helpful in hospital settings, sleep labs, and at home. After securing your RCP’s license from the licensing board, you can legally offer the following services:
- Perform tests on patients to determine the health state of their lungs
- Helping babies with breathing difficulties after a high-risk birth
- Providing your patients with life support using mechanical ventilation
- Administering aerosol medication to your patients
- Maintenance of a patient’s artificial airways (tracheostomies)
- Providing your patients with rehabilitative services
- Offering assistance during the administration of sedatives or medical gases to patients with breathing difficulties before a surgical procedure
- Assessing the seriousness of pulmonary impairments in children
- Evaluating your patient’s reactions to prescribed medication over time
- Providing respiratory care to children and adults at home
- Educating your patients on how to prevent and manage respiratory-related conditions
It is worth noting that this is not an exhaustive list of services you can offer as a qualified RCP. As you can see, your profession is crucial because you help patients maintain their breath by treating and managing respiratory conditions. To be successful in this career, you need to be detail-oriented and well-organized to ensure your patients receive precise treatments for their ailments.
Unfortunately, even after your dedication to providing your patients the best care, accusations can arise, which could put your RCP’s license and practice under scrutiny by the licensing board. Whether the allegations stem from misunderstandings or unrealistic expectations by your patients, understanding what to do when someone files a complaint against you can make a significant difference in your case’s outcome.
A skilled attorney who understands the demanding and challenging nature of the duties you have as a licensed RCP can help challenge the board’s accusation against you to secure a desirable outcome.
An Overview of the RCB’s Roles
The RCB is a government agency that is responsible for licensing qualified respiratory therapists and regulating this vital medical field. The board promotes excellence in this industry by issuing licenses only to competent individuals to protect and enhance the lives of patients who require respiratory care services. In a nutshell, here is an overview of RCB’s roles:
- Evaluating License Applications
As mentioned in the previous paragraph, the RCB encourages you to apply for an RCP license after completing your studies or within at least ninety days before meeting this requirement. Your RCP license is what you need to offer your services legally to home and hospital patients. Once you file your application for an RCP license, the board will scrutinize your application to determine whether you have attained all the necessary training and education requirements.
- Issuing Licenses to Qualified Candidates
Another crucial role of the RCP is to issue practice licenses to applicants who meet all required qualifications, including training and education requirements. After you secure your license, the board will make your information available to the public on its website. Doing that allows prospective clients and employers to confirm your competence.
- Taking Disciplinary Actions Against Licensees
When you make a mistake while treating your patient or commit any other form of misconduct, including being intoxicated at work or sexually assaulting a patient, the RCP will start an investigation against you and your practice. The primary purpose of this investigation is to confirm the accuracy of the allegations leveled against you.
If the allegations filed against you are unsubstantiated, the board could decide to dismiss your case and issue a stern warning. However, if the allegations have adequate merit, the board will schedule an administrative hearing, which gives you a chance to tell your side of the story.
- Renewing Respiratory Therapists’ Licenses
Like securing a practice license, the RCB has strict criteria you must meet when renewing your practice license. Often, the board will require you to enroll in continuing education and complete approved training programs to improve your skills. Additionally, the board could require you to disclose any criminal conviction you have obtained since you received the license or since your last renewal.
Having a criminal conviction related to your responsibilities and qualifications could lead the board to deny your license renewal application.
Typical Complaints That Could Compromise Your RCP’s License
Whether you are formally employed or run your own private practice, the nature of your job as a licensed RCP puts you at risk of allegations. Your coworker or patients can accuse you of unprofessional or unethical conduct, putting your practice license at risk of suspension or other harsh disciplinary actions.
Briefly explained below are common allegations that could put your RCP’s license in jeopardy:
- Billing Fraud
A client can file a complaint against you with the board, alleging that you billed him/her for a service you did not offer. Using billing codes incorrectly or fraudulently to receive payment for services you did not provide to your clients could trigger a board investigation into you and your practice, possibly leading to a suspension of your license.
Since it is also a crime, a conviction for this violation will reflect on your criminal and professional record and negatively impact your career goals.
- Drug and Alcohol Misuse or Addiction
As a licensed RCP, the board and your patients expect you to maintain sobriety while at work. Therefore, when a client accuses you of using drugs or being drunk while at work, the board will launch an investigation against your practice immediately, and the allegation could lead to disciplinary action.
When the board receives a complaint against you that involves the misuse of alcohol or drugs, chances are it will suspend your practice license as an investigation into your practice continues. The board will likely revoke or suspend your professional license if these allegations are true.
If the board has received a complaint against you alleging that you were under the influence at work, a reliable attorney can help challenge the allegations by arguing the following:
- You have an underlying health condition that causes symptoms that mimic those of alcohol intoxication, including diabetes
- You had extreme fatigue because of walking a long distance, but you were not under the influence of alcohol or any other drug
- You had a rising BAC (blood alcohol concentration)
- Sexual Misconduct
Another common allegation that you are more likely to face in your line of duty as a licensed respiratory therapist involves sexual misconduct or assault. While some accusations could be valid, the majority of these allegations are lies and could result in serious, life-altering disciplinary action, including license suspension.
Sometimes, patients could be demanding and have high expectations of your services. When a client feels like you are ignoring him/her or not giving your best to attend to him/her, he/she may improvise ways to put you into trouble with your licensing board. A prevalent revenge tactic that many clients often use is accusing you of sexual assault or misconduct.
Since the RCB’s primary aim is to safeguard the public and patients’ interests, it will immediately initiate an investigation into these allegations. If the allegations are true, the board will likely revoke your license, meaning you will be unable to offer your services for an indefinite period.
If you have a skilled attorney, he/she will investigate your case thoroughly and interview eyewitnesses if necessary to prepare solid legal defenses to challenge the allegations. With the legal representation of a seasoned attorney, the administrative law judge (ALJ) could agree to dismiss or reduce your possible disciplinary action.
Medical evidence and surveillance footage can help support your attorney’s legal defense arguments at the administrative hearing, increasing your chances of securing a desirable outcome.
Aggravating and Mitigating Factors That Could Influence the Outcome of the Administrative Hearing
While the ALJ will consider the RCB’s administrative guidelines at the administrative proceeding, the following aggravating and mitigating factors could also influence the outcome of this hearing:
Aggravating Factors
Aggravating factors are facts that the prosecutor or the board’s representative presents at the administrative hearing to show the ALJ that you deserve harsh disciplinary action for your offense. Common aggravating factors that the prosecution could provide include the following:
- You have a past disciplinary record for a similar or related violation
- The patient incurred a financial loss due to the violation
- The patient suffered an injury due to your misconduct
- You have a misdemeanor or felony conviction on your record
- You breached your employer’s or patients’ trust
Mitigating Factors
Mitigating factors are any evidence your attorney presents in your favor to convince the ALJ to dismiss your case or order a less serious penalty for your violation. Common mitigating factors that could work in your favor include the following:
- You acknowledged the violation and are remorseful about it
- Several months or years have passed without you repeating the offense
- You do not have a past disciplinary or criminal record
- The patient did not suffer any harm
- You have received rehabilitation and drug treatment services
- You personally reported the violation to the board
- You have remedial measures in place to prevent a recurrence of the mistake
A seasoned attorney who understands the ins and outs of the RCB’s disciplinary process will know which mitigating arguments will work to your advantage to secure a favorable result, including a dismissal of the case. In a worst-case scenario, you could face any of the following disciplinary actions at the end of the RCB’s administrative process:
- License revocation
- License probation
- License suspension
- A citation and fine
Find a Dependable License Defense Attorney Near Me
As you can see above, challenging the board’s accusation requires in-depth knowledge and understanding of administrative and criminal law. However, you do not have to go through this challenging and nerve-wracking process alone. If your RCP’s license is on the line, our reputable attorneys at Kern County License Attorney can offer you the necessary legal assistance.
Call us at 661- 558-1950 to discuss the facts and details of your unique case with our understanding license defense attorneys today.
