The threat of losing your license to practice as a respiratory care practitioner can be devastating. You may feel confused, frustrated, or simply overwhelmed about the process suddenly laid out before you. If you find yourself in this position, the best thing you can do is secure legal representation as soon as possible to make sure your interests are represented from the beginning of the process straight through until the end.
A lawyer experienced in defending the licenses of respiratory care practitioners knows the right questions to ask, the evidence you’ll need to develop and the correct procedures and timelines to follow. Moreover, by getting an Arizona respiratory care license defense lawyer now, you’ll have an advocate on your side who can negotiate on your behalf and guide you through the disciplinary process every step of the way—and the process can be complex. The legal team at Arizona Law Group can help you, contact our offices today.
Why Choose Us at Arizona Law Group?
Our Arizona Law Group license defense attorneys bring decades of experience backed by honesty and integrity to each client. You know what it takes to perform the work of an Arizona respiratory therapist. However, we are skilled in defending your rights as a professional, protecting the years of dedication to your education, practice, professional integrity, and financial stability. Our team’s early careers in prosecution and the transition to defense give us the unique perspective of viewing your case with a multi-directional approach, allowing us to anticipate your license defense proactively.
We aim to defend you against respiratory license violations aggressively while offering critical advice on communicating with the Arizona State Board of Respiratory Care. We will provide guidance on meeting the board’s demands, interviewing with the board, and navigating their rulings. We offer assistance with regaining your respiratory care license while preserving your right to work and forego unfavorable outcomes when possible. Learn more about our irreplaceable defense strategy, skillset, and what our firm brings to each client we represent.
The Board of Respiratory Care Examiners’ Disciplinary Process
Because the work of respiratory care practitioners is important to public health, safety and welfare, the Arizona legislature established the Board of Respiratory Care Examiners to regulate the profession. The legislature has charged the Board with regulating the licensure of respiratory care practitioners in order to protect the public from the “unauthorized and unqualified practice of respiratory care.”
The Board also handles complaints regarding any individuals licensed by the Board, whether the allegations come from fellow respiratory care practitioners, health care institutions or patients themselves. Moreover, the Board has the authority to investigate any concerns regarding a practitioner’s license that could lead to disciplinary action of its own accord.
Common Reasons Respiratory Therapists in Arizona Face Disciplinary Actions
An Arizona respiratory care license defense lawyer with our firm represents numerous client allegations, providing a uniquely crafted defense for you. While each case varies, more common allegations a licensed respiratory care therapist may face include:
- Substance abuse
- Mental or physical incapacitation
- Actions unbecoming of the standards of professional conduct (Pg. 6 R4-45-214)
- Negligence or incompetence
- Criminal convictions, particularly relating to professional qualifications
- Sexual misconduct
Any allegation of wrongdoing requires you to take immediate action. While an investigator builds a case against you, we prepare to defend your right to work aggressively. Though it is necessary to work with the board through the investigative process, it is not the board’s role to protect you. We provide experienced guidance on proceeding through the investigation with the most effective defense possible.
Potential Disciplinary Actions
The board may suggest dismissing a complaint when no substantive evidence supports the allegation. However, other actions may be taken against you, including:
- Letter of concern: The evidence does not support the direct allegation. However, sufficient evidence exists to address a behavior suggesting that continuing the behavior in question may lead to future disciplinary proceedings and action.
- Decree of censure: The board formally expresses disapproval of your actions. While usually the least severe form of discipline with no prescribed penalties or consequences, the action may damage your professional career.
- Rehabilitation (nondisciplinary) agreement: The board may prescribe actions by you to keep your respiratory care license, including continuing education. The board may also prohibit actions until you meet the agreement requirements.
- Probation: This disciplinary action typically lasts one or more years, imposing conditions you must meet during probation to continue working.
- Suspension: You temporarily cannot practice as a respiratory care therapist for a specified period. A requirement to meet other conditions may also exist in addition to paying fines.
- Revocation: The board permanently removes your license. Reapplying for your license will be necessary in addition to providing proof of addressing the unprofessional behavior.
How Long Does This Process Take?
The time it takes to investigate an allegation and determine the path of discipline depends on whether your case proceeds into a formal investigation. The depth of the investigation and the allegations against you can impact how long the process takes, with more complex cases taking years to complete.
Respiratory Care Practitioner License Reinstatement
If your healthcare license has already been revoked, the Board considers the old license to be closed, and you must submit an Initial Application Packet as if you are applying for the first time. You must wait one year after license revocation to apply for a new license, and you may want to seek legal advice for the best way to present your new application.
Call Our Arizona Respiratory Care License Defense Attorneys Today
While going through the disciplinary process is already stressful, you should also know that the Board is required by law to post all disciplinary orders and actions and non-disciplinary orders and actions (except letters of concern or advisory letters) on its website for five years. Pending investigations and complaints remain private.
In other words, disciplinary proceedings are serious and can remain a blot on your professional record for a considerable period of time, which makes it all the more important that you have an experienced attorney with you throughout the process.
If your respiratory care practitioner license is under threat, we can help. It may be tempting to challenge allegations on your own, but an experienced Arizona respiratory care license lawyer familiar with the process can work with you to develop the best comprehensive course of action in your situation. Give us a call at (602) 562-5000 or send us a message today so we can get started on defending your right to practice.
