Arizona Respiratory Care Board Complaint Lawyer | Our Attorney Can Assist a Respiratory Care Practitioner with Board Complaints

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 receives notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial for respiratory care practitioner as they must submit a response, interview with the investigator while also possibly appearing at an Arizona Respiratory Care Board.

Responding to Practice Complaints and Investigations

After receiving an Arizona Respiratory Care Board Complaint or self-report, a respiratory care practitioner receives a notice from the Board requesting additional information as well as a response to allegations found in the complaint. From here, the Arizona Respiratory Care Board assigns an investigator to the complaint and they begin to collect evidence. The documents and evidence collected includes:

• Patient medical records
• Employment files from the respiratory care practitioner’s employer and business
• Criminal records
• Interviews of people associated with the Board Complaint (These interviewees can include the owner, medical director, colleagues, etc.)

Appeals of Arizona Board Decisions by Attorneys

It’s always disappointing when a respiratory care practitioner receives an unfavorable decision from the Arizona Respiratory Care Board (“RCB“). However, respiratory care practitioners in Arizona can benefit from understanding the process that goes along with Arizona Respiratory Care Board Appeals and hearings after an Arizona Respiratory Care Board Complaint is heard. If you are facing an unfavorable RCB outcome due to an Arizona Respiratory Care Board Disciplinary Action, you can always appeal the decision.

Filing an Appeal after a Respiratory Care Board Meeting

The investigatory process and the appeal process work like this: The Arizona Board receives a complaint or initiates an investigation into the conduct of the respiratory care practitioner.  Once the board receives a complaint or self-report they will then initiate an investigation. The purpose of this investigation is to give the RCB evidence to make a decision on whether or not an respiratory care practitioner should face disciplinary action. If the respiratory care practitioner receives an unfavorable decision, it is at this point they can then file an appeal and request a hearing with the Arizona Office of Administrative Hearing. An Administrative Law Judge will then oversee the appeal and the respiratory care practitioner may need to attend a hearing. However, sometimes the investigation is automatically sent to hearing or an informal settlement conference can be held.

Respiratory care practitioner Administrative Appeal and Hearing Information

Any respiratory care licensee may request a legal appeal of Arizona State Board Discipline to an administrative law judge with the Arizona Office of Administrative Hearings (OAH) which is located in Phoenix. In some instances, a case is sent automatically to OAH. The OAH hearing is conducted before an Administrative Law Judge (ALJ).  The administrative process 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 judge 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 it is completed, the ALJ reviews the transcripts, evidence and makes a recommendation. However, the Board makes the decision to either accept, reject or modify the ALJ’s decision.  If an individuals feels there has been a mistake they can request a rehearing.

Professional Licensing Attorney

If you’re interested in learning more about our Arizona Respiratory Care Board Attorney services and how to protect your license, set up a consultation with an Arizona attorney with Chelle Law today.