Having trained as a respiratory care practitioner is not the only requirement for you to offer services in California. You must first secure a professional license from the Respiratory Care Board. This license is a legal document that allows you to provide respiratory care services. The board typically considers several factors before issuing these licenses. Some of the factors considered include your understanding of professional ethics and law, education qualifications, and training. Securing a license indicates that you are fully eligible to attend to patients in homes, hospitals, and any place where your services are needed.
However, it is easy to lose this license and your ability to work legally in California. This can happen if you are accused of sexual harassment, negligence, or any other form of misconduct. These allegations are usually taken seriously by the board. If convincing evidence is presented against you, the board will not hesitate to suspend or revoke your license. Consult a reputable license attorney if you are accused of any professional misconduct. At the Oakland License Attorney, we have competent attorneys who can help you protect your professional license.
The Functions Of A California Respiratory Care Practitioner
The healthcare industry has experts who provide various services required by patients suffering from different diseases, health conditions, and illnesses. These experts are essential in their unique way. Some serve as general practitioners, like physicians. Others, like respiratory care practitioners, provide specialized care. Respiratory care practitioners work with general physicians in treating patients. They also work together to manage patients suffering from the following issues:
- Cystic fibrosis
- Coronary heart disease
- Asthma, and
- Chronic bronchitis
Respiratory care practitioners have undergone specialized training, even though general physicians can handle some of the above conditions. Their services are essential for individuals who require specialized treatment and care.
It is a fulfilling decision to build a career in this profession because it enables you to provide essential services to individuals who need them most. The challenges of breathing can impact someone’s ability to work or perform their daily duties. Your services are vital to individuals seeking to overcome the challenges of breathing so they can return to work or care for themselves and others. The work of a respiratory care practitioner extends beyond diagnosis and treatment. You have a duty to operate respirators, ventilators, and other medical devices to save lives.
A respiratory care practitioner can work at home, in a hospice, or in a hospital setting. You should be flexible enough and available when you are required. Your services are also required during emergencies to save lives. These services are essential for all ages, including older patients and infants. Patients suffering from chronic conditions like bronchitis and asthma need regular support and emergency care when their conditions get worse. Your services are also required from time to time for people recovering from heart attacks or strokes.
The following are some of the services provided by respiratory care practitioners:
- Examining how patients are responding to a particular therapy over a designated time
- Advising patients on how to handle different conditions, like asthma
- Administering life support through mechanical ventilation
- Analyzing patients’ sputum samples and X-rays for lung-related illnesses
- Assessing patients’ oxygen and carbon dioxide levels in the blood
- Guiding patients through rehabilitation and education
- Administering aerosol treatments
- Assessing the level of pulmonary impairment in patients
- Recording crucial signs, like the patient’s respiration rate, blood pressure, body temperature, and pulse rate
- Treating chronic respiratory issues
- Maintaining different artificial airways, including tracheostomies
- Carrying out tests, diagnosing, and monitoring patients on life support
The work of a respiratory care practitioner is intense. As a respiratory care practitioner, you must act quickly to save lives by making critical decisions. You must also involve patients and their families in the decision-making process. You also have a duty to prevent patients’ conditions from getting worse. However, an error on your part can result in severe repercussions for your employer, the patient, or their family. This can also attract a punishment from your licensing board. You also risk facing endless cases and potential criminal charges; therefore, you must always be prepared to defend your profession and reputation. This can help you continue practicing and earning a living in this profession.
The Respiratory Care Board will start an investigation once it learns about a complaint regarding your unprofessionalism. The outcome of the investigation can have a negative impact on the profession you have spent years building. You should consult with an experienced attorney to understand your charges, options, and rights. An attorney can push for a favorable outcome for your charges.
Claims That Can Trigger Investigation By The Respiratory Care Board
When diagnosing, treating, or caring for patients, licensed respiratory care practitioners must understand the importance of caution. You must understand the importance of professionalism and competence, as these are essential for maintaining your license for a long time. Sometimes, errors or misunderstandings do occur along the way, and you face serious allegations that can cost your license. However, you still have the right to keep your license. One mistake should not prevent you from offering your services. You have the right under the law to fight for your livelihood.
Someone can file complaints against you regardless of your essential services and reputation. This can happen because you handle patients directly and are involved in making critical decisions.
Working with other experts can also put your profession at risk. A dissatisfied patient can file allegations of negligence or failure to provide services against you. A jealous coworker can also file allegations of incompetence or harassment against you. Your close friend or relative can also file a case of sexual misconduct against you. These are serious claims that can make the Respiratory Care Board investigate you.
All kinds of complaints involving respiratory care practitioners are presented to the board. However, the board does not pursue lenient allegations. It will only pursue serious allegations that are dangerous to the public. For example, the board will take action if you commit an offense that renders you incapable of providing safe services to your patients. Sometimes, it is difficult to predict how the board will respond after receiving complaints against you. You should act quickly to protect your livelihood. A competent license attorney can help you understand the severity of your charges and the potential disciplinary action the board can take against you.
The following are examples of claims that can attract disciplinary actions from the Respiratory Care:
- Failing to present the patient’s records when asked to do so
- Permitting untrained assistants to work in a capacity that needs proper training
- Sexual misconduct with a coworker or patient
- Failing to maintain proper treatment records
- Failing to refer a patient who requires specialized care
- Securing your license through fraud
- Insurance fraud or any other fraudulent act
- Practicing without a legal permit
- Ordinary or gross negligence
- Incompetence
The board can seek the services of judges to investigate the allegations, review the evidence, and offer the final ruling if it decides to pursue your case. You must show up for the hearing to review the findings of the judge and any other evidence against you. This is the reason why you should seek the services of an experienced license attorney. Your attorney will help you gather and present evidence at the hearing to challenge the accusations. The board will punish you appropriately if the judge finds you guilty of the offense.
The board often imposes disciplinary action based on the performance record and the severity of the offense. Stringent actions will be taken against you if you face a second or subsequent offense within a specific period.
Potential Penalties The Board Can Impose
The board often takes disciplinary action against respiratory care practitioners to protect the patients. It also does this to protect public interests by ensuring licensed practitioners provide quality, professional, and safe services. The discipline you face also acts as a warning to other practitioners against committing the same offense that caused your discipline.
Usually, the board will determine the proper discipline for you by following the disciplinary guidelines on its website. The board can discipline you in the following ways:
Through License Suspension
Your license can be suspended for a specified period to allow you to work on improving your conduct and making changes. For example, you will be given ample time to undergo rehabilitation and treatment if the allegations against you were because of drug use or abuse. You will not be allowed to practice during the suspension. This can be challenging for you and your family because you will not be able to support yourself financially. The board can reinstate you immediately after the suspension.
Through Probation
The board can also use probation to monitor you closely, ensuring you change your behavior to provide better and safer services. Your performance will also be monitored closely during this period. The board can revoke your license if you make a mistake during probation. You can be allowed to continue practicing while on probation, but under strict terms and conditions. Unfortunately, this can have a negative impact on your performance and relationships with patients and coworkers. The board will reinstate your services if you complete probation.
Through License Revocation
Revoking your license is the worst penalty the board can impose. You will be removed permanently from the practice if your mistake or negligence causes a patient to sustain injuries or if you are a repeat offender. The board will not permit you to practice again once your license has been revoked. If this happens, you should seek the services of an aggressive attorney to fight for your career and livelihood. Your attorney can fight for dismissal of your charges or negotiate for a favorable outcome based on the circumstances of your charges.
Through Public Reprimands
The board can reprimand you publicly for the inaction or action that led to the accusations. A public reprimand is often a warning against similar behavior in the future. However, it can have negative impacts on your job, reputation, and future employment efforts because it is publicly disclosed. You cannot lose your license due to a public reprimand, but it can significantly impact your reputation.
Through Citations
Minor allegations often attract citations that do not require revocation or suspension of your license. The board often issues citations through its website. It can impose a fine through a citation that you must pay within a designated period. These types of disciplinary actions are not severe, but they can taint your reputation. You should be worried about the impact of a public citation on your profession if you have built a good name in the industry. Your employer can take action against you if you are cited. It will be challenging for you to secure another job if you lose one because of a citation.
Hire a competent license attorney to take you through the complicated legal process because administrative hearings are often intimidating. You can implicate yourself if you take on these hearings solely. Sometimes, your attorney can represent you at the hearing and only ask you to show up in court when necessary. Your attorney can also fight to ensure you continue practicing and earn a living, regardless of the seriousness of the case. He/she will fight any effort to suspend your services during the investigation.
The following factors can be presented in your defense as mitigating circumstances:
- No actual harm was caused, nor was there any possibility of harm occurring
- Commencing the rehabilitation process
- Lack of prior criminal or disciplinary record
- A considerable period has passed without the recurrence of the alleged violation or negligence
- Reporting the crime in person to the licensing board
- Unintentional nature of the offense
- Implementation of remedial measures to prevent recurrence
- Acknowledgement of error or guilt
Find The Right Professional License Defense Attorney Near Me
You can lose everything due to allegations of professional misconduct after working hard and spending time and money to train as a respiratory care practitioner. The Respiratory Care Board will move fast and take disciplinary action against you if a mistake or negligence caused or could have caused injuries to the patient. However, you can hire a skilled license attorney to convince the board to drop or rule fairly in your case. You should never let an unintentional mistake or omission make you lose your professional license. At the Oakland License Attorney, we have an experienced legal team that can help you navigate the legal system for a favorable outcome. Call us at 510-250-4709 to speak to one of our reputable attorneys.
