Arizona Respiratory Care Board Disciplinary Actions

Arizona Respiratory Care Board Disciplinary Actions

ArizonaRespiratory Care Board disciplinary actions are given torespiratory 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. Stark Law’sArizonaRespiratory Care Board Attorneys represent health care professionals before Arizona licensing boards. At Stark Law, our attorney’s have the experience to helprespiratory care practitioners with allArizonaRespiratory 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 therespiratory care practitioner formal discipline.  Disciplinary actions can include:

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

ArizonaRespiratory 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.

ArizonaRespiratory 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.

ArizonaRespiratory Care Complaints

Who can file an ArizonaRespiratory Care Board Complaint against arespiratory care practitioner? Patients, health care facilities, other professionals, among others. When the ArizonaRespiratory 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, therespiratory care practitioner receives notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial forrespiratory care practitioners as they must submit a response, interview with the investigator while also possibly appearing at an ArizonaRespiratory Care Board.

Responding to Practice Complaints and Investigations

After receiving an ArizonaRespiratory Care Board Complaint or self-report, arespiratory care practitioner receives a notice from the Board requesting additional information as well as a response to allegations found in the complaint. From here, theRespiratory 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.

Consultation with Stark Law

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