You must work hard to become a respiratory care practitioner in California. However, your license and livelihood could be at risk if you are under investigation for misconduct or other violations relevant to your duties. One mistake or a false or exaggerated allegation could end your career. When this happens, you should hire a skilled license attorney to defend your professional license and career. The attorney you hire should understand the nature of the job of a respiratory care practitioner. Your attorney should also understand the circumstances that can lead to a formal complaint being filed with the California Department of Consumer Affairs Respiratory Care Board. At the San Francisco License Attorney, we have experienced attorneys familiar with the laws and regulations governing respiratory care practitioners. Our attorneys will walk you through the administrative process and mitigate the potential disciplinary actions.

The Duties of Respiratory Care Practitioners

Also known as respiratory therapists, respiratory care practitioners provide invaluable services that assist patients in coping with and overcoming breathing difficulties. They also operate ventilators, respirators, and other medical equipment that save patients' lives. Your skills as a respiratory care practitioner are critical whether you work at a hospital, a home health facility, a hospice organization, or elsewhere. Respiratory therapists are essential during emergencies for patients of all ages, including the elderly and infants.

The demand for respiratory care practitioners is increasing. Patients with chronic conditions like bronchitis, asthma, emphysema, or chronic obstructive pulmonary disease (COPD) require respiratory therapy. Similarly, people suffering from sleep apnea, traumatic accidental injury, stroke, or heart attack also require the services of a respiratory care practitioner.

The following are the services you can offer as a respiratory care practitioner:

  • Educating people about asthma

  • Heading up ‘’smoking cessation’’ programs

  • Determining the impairment level of the patient’s lungs, if any

  • Analyzing sputum samples and X-ray results related to the lungs

  • Taking blood samples and using them to measure quantities of oxygen, carbon dioxide, and other gasses

  • Evaluating the response of patients to therapy over a certain period

  • Assisting in patient rehabilitation and education

  • Administering aerosol medications

  • Treating any of the chronic or other respiratory diseases

  • Maintaining tracheostomies and other types of artificial airways

  • Identifying and recording crucial respiratory signs

  • Administering life support through mechanical ventilation and accompanying diagnosis

  • Monitoring patients with breathing challenges

Sometimes, the job of a respiratory care practitioner can be trying and intense. Your duties can expose you to lawsuits, criminal charges, and board disciplinary actions. Even a skilled and experienced respiratory therapist can make a mistake. Most cases filed against respiratory therapists are based on misunderstandings and unrealistic and unfair expectations. If you face allegations that could jeopardize your professional license, you should hire an attorney to defend your professional license and protect your livelihood.

The Role of the California Respiratory Care Board

The California Respiratory Care Board has the following duties:

  • Support or develop respiratory care educational programs

  • Increase public awareness of the valuable roles respiratory care practitioners play

  • Expand the availability of respiratory care services

However, like all California licensing boards, the primary role of the respiratory care board is to protect patients and the public against potentially unsafe or substandard practices. The board's primary concern is to safeguard patients, not help the practitioners. The board has the powers to do the following:

  • Suspend or revoke licenses for major crimes

  • Issue public reprimands and citations

  • Restrict the granting of respiratory care licenses

  • Enforce the Respiratory Care Practice Act, California Code of Regulations, Business and Profession Code, and other relevant statutes.

Your license could be at risk if any complaint is filed against you with the board. The nature of the alleged crime and the available mitigating or aggravating factors will come into play in determining the final ruling of the administrative law judge (ALJ) and the board.

According to the board, a severe offense harms yourself, patients, or the public. The following are some of the severe crimes you could commit:

  • Cheating to pass a drug test

  • Failing to submit to a drug test

  • Treating a patient while intoxicated

  • Failure to comply with the conditions of license probation when you are on probation for a previous crime

The above offenses will attract an order from the board to stop your practice. Your ultimate punishment will be decided later, after the license suspension. If the board is slow to decide, the ‘’interim suspension’’ can be devastating.

On the other hand, minor offenses could include the following:

  • Failure to comply with minor probation conditions, whereby you violate probation conditions one time

  • A crime that does not pose a threat of actual harm to yourself, patients, or the public

You could face a citation if you commit a minor offense. Citations could be a matter of public record and could include hefty fines. Prospective employers and potential patients could also access the citations.

Mitigating and Aggravating Factors

An attorney can fight against the accusations filed against you no matter how intricate the allegations are. An attorney can strive to have your case concluded without a hearing or even a formal accusation issued by the board. Sometimes, the board could discover that the allegations are unsubstantiated or do not have sufficient evidence. However, depending on the facts of your case, it can be challenging to escape at least some formal discipline.

If professional discipline is inevitable, your goal should be to seek a lesser form of discipline. An attorney can fight to have a revocation stay and probation granted. Your attorney could also fight for a shorter probation period with less restrictive probationary conditions.

An experienced attorney can also persuade the court to reduce the fine or suspension period. At this point, you need an attorney with seasoned negotiation skills who can secure you favorable stipulated settlements before or at your administrative hearing.

On the other hand, your attorney could also appeal the decision of the board to render a disciplinary decision within the prescribed time limits. It is also possible for an attorney to appeal the issuance of a citation by the board.

The administrative law judge presiding over your hearing will only reference the official disciplinary guidelines. The judge can consider various mitigating or aggravating factors before rendering their ruling. However, the board must approve the judge’s ruling to finalize your case. Some of the aggravating factors that the prosecutor could present include:

  • Having a misdemeanor or felony offense on your police record that is ‘’substantially’’ associated with your qualifications or duties

  • The commission of any offense in the presence of a child

  • A pattern of repeating the offense under scrutiny

  • The existence of any prior offenses on your record

  • The violation of the employer’s or patient’s trust

  • Any potential harm that could have occurred

  • Any actual harm befell a patient

Your attorney, on the other hand, could present the following mitigating factors:

  • Your actions harmed no person, and the alleged harm was unlikely to occur

  • You have already taken the necessary steps to undergo rehabilitation

  • You have no prior criminal or disciplinary history

  • A substantial amount of time has passed since you committed the offense without it being repeated

  • You reported the offense to the board yourself

  • Your actions were not intentional

  • You have already taken appropriate steps to prevent a recurrence of the crime

  • Recognition of having made a mistake or wrongdoing

A skilled attorney understands the special rules of evidence and procedures that apply to the administrative process. An attorney can fight effectively to dismiss the accusations or complaints against you. A reputable attorney also knows when to negotiate a favorable settlement, including how to bargain for a reduced disciplinary action when that is the most viable option.

Additionally, your attorney can help you satisfy the board’s requirements and have your license approved if your license application has been denied. Your attorney could also file a petition to reinstate your license if it had already been revoked.

Why You Should Protect Your Respiratory Therapist License

Working as a respiratory practitioner offers many benefits. Therefore, you should not let a mistake or unfounded allegation put your license at risk. The following are the benefits of working as a respiratory therapist:

Career Advancement

You can advance your career as a respiratory therapist in several unique ways. For example, you can advance your career to leadership positions where you manage a team of respiratory therapists. You pursue roles in academia or research where you can help innovate or discover new respiratory therapy techniques or devices.

Work as a Team

Often, respiratory therapists work as part of a healthcare team. The team can constitute professionals like physicians, nurses, speech-language pathologists, and occupational therapists. You can develop strong relationships within the workplace by being part of a team. Working as a respiratory practitioner helps you build interpersonal skills like negotiation and collaboration.

Flexible Hours

Most respiratory care practitioners have flexible work schedules. Sometimes, you can work for 12 hours, but often, you enjoy over two days off in a row. You are also at liberty to pick which shifts your work.

Diverse Responsibilities

You can perform your duties with your mind and hands. For example, you can teach a patient how to use advanced breathing technology or assess a patient's symptoms to determine a diagnosis. The diverse roles make your work more mentally stimulating and enjoyable.

Make a Difference

Most people pursue a respiratory therapy career to assist others. A respiratory therapist can make a positive difference in the world by helping a range of people breathe easier. You can enjoy other benefits like increased job satisfaction and personal fulfillment when you help other people.

In-Demand Career

If you train as a respiratory therapist, you will find a job easily. Many respiratory therapists are employed in California every year.

Range Of Work Environments

You can choose between various work environments as a respiratory therapist. Most respiratory therapists work at hospitals, but you also secure employment opportunities in the following places:

  • Long-term care centers

  • Research facilities

  • Schools

  • Ambulatory centers

You can also travel to various patients' houses or conduct some of their appointments via telehealth.

High Salary

If you become a respiratory therapist, you will enjoy earning a high salary. Respiratory therapists receive a high national average salary per year. However, various factors can affect your salary, including your education, geographical location, and years of experience.

Interact With Different People

You can always meet people from different backgrounds and cultures as you practice. These people could be your colleagues or patients. Being a respiratory therapist is an excellent career if you enjoy having meaningful social interactions at work and meeting different people. This could help you learn more about varied experiences and viewpoints.

How to Avoid Professional Discipline When Working as a Respiratory Care Practitioner

Even the best respiratory care practitioners make mistakes, subjecting them to professional discipline. While you might not eliminate the likelihood of facing professional discipline entirely, you can take several measures to reduce the possibility of facing professional discipline.

Enhance Your Knowledge and Skills

An excellent respiratory therapist must have the knowledge and skills to treat chronic and acute pulmonary diseases. To make an early diagnosis, you require knowledge of the typical early warning signs of respiratory diseases. Early diagnosis can significantly improve the prognosis and help you avoid liability.

Be Patient

You should have the patience to work with patients for a long time, mainly when a medical condition is long-lasting and necessitates continuous care. Patience will also help manage conditions that are known to improve slowly. A patient would likely be anxious concerning the treatment's results or efficacy.

You should be able to communicate clearly with the patients and their families. You should inform them about the expected treatment period and the possible prognosis.

Offer Compassionate Medical Care

You should have compassion to provide emotional support to patients. Patients suffering from chronic pulmonary disorders require compassion. This is crucial if the patient has recurring symptoms or a poor prognosis. Good relationships with patients go a long way in reducing the likelihood of negligence or medical malpractice accusations.

Find an Experienced License Attorney Near Me

If your respiratory care practitioner license is at risk, your livelihood could also be at risk. You will need an experienced attorney to help you negotiate for a favorable outcome. For reliable legal representation, contact the San Francisco License Attorney. Call us at 415-919-6594 to speak to one of our attorneys.