Arizona Respiratory Care Board Attorney: Arizona Board Lawyer

The job of the Arizona Respiratory Care Board is to protect and promote the welfare of the people of Arizona. They do this by ensuring each person who holds a license as a behavioral health professional in the State of Arizona is competent to practice safely. This means the Arizona Board of Behavioral Health Examiners has the authority to discipline the license of any behavioral health professional. Chelle Law’s Arizona Behavioral Health Board Attorneys have represented over 1000 health care professionals before Arizona licensing boards and have the experience needed to help behavioral health professionals with Arizona Board of Behavioral Health Examiners matters. We can assist all behavioral health professionals with Arizona Behavioral Health Board issues, including:

• Respiratory Care Practitioners (RCP)

Arizona Respiratory Care Board Complaint

Who can file a complaint against a respiratory care practitioner? Patients, Health Care Facilities, other professionals, among others. When the Arizona Respiratory Care Board receives a complaint, the Board initiates an investigation into the complaint (if the Board has jurisdiction and the complaint isn’t dismissed).  After this happens, the respiratory care practitioner will receive notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial for respiratory care practitioners as they must submit a response, interview with the investigator while also possibly appearing at a Arizona Respiratory Care Board Meeting.

Respiratory Care Board Application Assistance

Applicants to the Arizona Behavioral Health Board who have a criminal history or previous discipline by the Arizona Behavioral Health Board (or any other Board) may be subject to denial of their application for licensure. Thus, those with a criminal or disciplinary history from other licensing boards will be investigated by the Board. 

Reporting a Criminal Charge to the Respiratory Care Board

Respiractory Care professionals who currently hold a valid license with the Arizona Respiratory Care Board or pending applicants must notify the Board of any criminal charge that may affect patient safety within ten business days.  Learn what crimes an individual must report and the potential discipline that can come with it.

Respiratory Care Administrative Appeal and Hearing

Any licensee may request an appeal of an Arizona Respiratory Care Board disciplinary action; however, any Board appeal is not heard by an administrative law judge with the Arizona Office of Administrative Hearings (OAH).  This Board oversees their own hearings.  In some circumstances, a case can also be sent automatically to hearing. The hearing is not as formal as a trial, but is similar. Each party presents evidence using documents or sworn testimony. Each party also gives an opening and closing argument which should explain why the the Board should rule one way or the other. A respiratory care practitioner’s attorney can cross examine witnesses and testify on his or her behalf. After the hearing the Board makes the decision to either accept, reject or modify their original decision.  If a professional feels there has been an error they can request a rehearing.

Arizona Disciplinary Actions

Respiratory care professionals with a license or certification in Arizona can receive Arizona Respiratory Care Board disciplinary actions. If the Board determines formal disciplinary action is necessary it will happen after the completion of an investigation. It’s the job of the Board to review any complaint alleging a violation of the Arizona laws and regulations.  Thus, at an Arizona Respiratory Care Board Meeting the Board will vote to determine the outcome of each investigation.  The Board can vote on a non-disciplinary outcome or vote to offer the respiratory care practitioner formal discipline.  Disciplinary actions can include:

• Dismissal.
• Letter of concern.
• Decree of censure.
• Probation.
• Non-disciplinary order for continuing education.
• Suspension.
• Revocation.

Board Meeting Attorney

To set up a consultation with our respiratory care attorney at Chelle Law or to learn more about the services we provide to Arizona respiratory care practitioners we invite you to reach out to us today.