Arizona Respiratory Care Board Disciplinary Actions: Arizona Respiratory Care Practitioner Board Complaints
Arizona Respiratory Care Board disciplinary actions are given to respiratory care practitioners with a license or certification in Arizona. 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. Chelle Law’s Arizona Respiratory Care Board Attorneys have represented over 1,000 health care professionals before Arizona licensing boards. At Chelle Law, our attorney’s have the experience to help respiratory care practitioners with all Arizona Respiratory Care Board matters.
Thus, at a Board Meeting, the Board will vote to determine the outcome of each investigation and review of complaints. The Board can vote on a non-disciplinary outcome or vote to offer the respiratory care practitioner formal discipline. Disciplinary actions can include:
- Case Dismissal
- Letter of concern
- Decree of censure
- Non-disciplinary order for continuing education
- Voluntary surrender
Arizona Respiratory Care Board Non Disciplinary Actions
- CASE DISMISSAL: The Board may dismiss a complaint if they determine the information indicates there was not a violation of the rules of the Arizona Medical Practice Act. This outcome is not available to the public.
- NON-DISCIPLINARY ORDER FOR CONTINUING EDUCATION: An order that dictates the respiratory care practitioner must complete a number of hours of continuing education for specific topics.
- LETTER OF CONCERN: A letter from the Board expressing concern the respiratory care practitioner’s conduct wasn’t ideal. However, the conduct doesn’t necessarily violate Arizona law.
Arizona Respiratory Care Unprofessional Conduct
- REVOCATION: If the Board revokes a respiratory care practitioner’s license the respiratory care practitioner will be unable to practice or get licensed again for a minimum of five years. After the five year period license revocation the respiratory care practitioner will need to reapply for their license. If the respiratory care practitioner reapplies for licensure they must demonstrate the grounds for revocation (substance abuse, mental health problems, criminal convictions) has been rectified through an applicable program. This is a public document.
- VOLUNTARY SURRENDER: The respiratory care practitioner voluntarily gives up their license. The benefit of this voluntary consent is that the Board is usually willing to reduce the amount of time until a respiratory care practitioner can reapply. This is usually between two to three years.
- SUSPENSION: A suspension stops the respiratory care practitioner from practicing. It prohibits any patient contact or services for a period of time until the Board lifts the suspension.
- PROBATION: The Board offers probation through a consent agreement. The consent agreement requires the respiratory care practitioner do certain things (drug testing, work supervision, counseling, continuing education). Alternatively, they may need to refrain from doing things (unsupervised Medical like home health, working under the Medical licensure compact, using alcohol, etc.) A request for a removal of probation will be needed.
- DECREE OF CENSURE: A decree of censure is the lowest level of formal discipline. There are no probationary requirements, but the Order will be listed on the website.
Arizona Respiratory Care Complaints
Who can file an Arizona Respiratory Care Board 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 practitioners 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 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
- Review of the professional’s behavior at work
- Interviews of people associated with the Board Complaint (These interviewees can include the patient, medical director, colleagues, etc.)
Behavior Analyst Rules
Analyst rules effective July 4, 2020 from Arizona statutes can be found on the Statutes and Rules page.
Respiratory Care Rules Effective July 4, 2020
Respiratory Care rules effective July 4, 2020 from Arizona statutes can be found on the Statutes and Rules page.
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 Chelle Law today.