Respiratory Care Board of California License Defense Attorney

Respiratory Care Board of California License Defense Lawyer

The Respiratory Care Board of California, known as the BCE, licenses approximately 25,000 Respiratory Therapists in the State of California. Most California Respiratory Therapists have minimal or no contact with the enforcement arm of the Respiratory Care Board of California. For Respiratory Therapists who become part of the Respiratory Care Board of California disciplinary process, the consequences are profound. The Respiratory Care Practitioner License disciplinary process is complex, procedural and time consuming. Respiratory Therapists facing the Respiratory Care Board of California disciplinary process should seek legal representation from an experienced Respiratory Care Board of California License Defense Attorney.

Respiratory Care Board of California Investigation Defense Lawyer

The majority of Respiratory Care Board of California investigations begin with the filing of a consumer Complaint. However, Respiratory Care Board of California Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The Respiratory Care Board of California utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Respiratory Therapists. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the Respiratory Care Board of California disciplinary process. At the conclusion of a Respiratory Care Board of California investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution. If you are a Respiratory Care Practitioner facing a Respiratory Care Board of California investigation, contact a Respiratory Care Board of California License Defense Attorney for representation.

Respiratory Care Board of California Accusation Defense Attorney

A formal Accusation served on a California Respiratory Care Practitioner serves as notice to a Respiratory Care Practitioner that the Board intends to revoke the Respiratory Care Practitioner License. The Respiratory Care Practitioner, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Respiratory Care Practitioner. A Default will result in the immediate Revocation of the Respiratory Care Practitioner License.

An Accusation is a serious matter that can result in the suspension or revocation of a Respiratory Care Practitioner License in California. In many cases, it is possible for Respiratory Therapists to reach a Stipulated Agreement with the Attorney General’s Office and Respiratory Care Board of California. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH). Respiratory Therapists facing a Respiratory Care Board of California Accusation should contact an experienced Respiratory Care Board of California License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Respiratory Therapists include:

Respiratory Care Board of California Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The Respiratory Care Board of California can adopt, modify or reject the ALJ’s Proposed Decision. The Respiratory Care Board of California’ action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Respiratory Care Practitioner to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Respiratory Care Practitioner can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order. California Respiratory Therapists facing a Respiratory Care Board of California Administrative Law Hearing need effective representation from a Respiratory Care Board of California License Defense Lawyer.

Respiratory Care Board of California License and Criminal Convictions

The Respiratory Care Board of California can discipline Respiratory Therapists for criminal convictions. Respiratory Care Board of California discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Respiratory Care Practitioner. Common criminal offenses that can cause Respiratory Care Practitioner License discipline are:

The Respiratory Care Board of California and other law enforcement agencies also investigate criminal conduct by Respiratory Therapists in the course and scope of their practice. Criminal investigations often involve Respiratory Therapists engaged in Insurance Fraud and Prescription Pill Fraud. In serious criminal cases against Respiratory Therapists pending in Criminal Court, the Respiratory Care Board of California and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Respiratory Care Practitioner. A California Penal Code § 23 Order seeks to suspend a Respiratory Care Practitioner License in Criminal Court.

Respiratory Therapists facing criminal charges and Respiratory Therapists who are convicted of criminal offenses need an experienced California Respiratory Care Practitioner License Defense Attorney for representation in disciplinary proceedings before the Respiratory Care Board of California.

Respiratory Care Board of California Statement of Issues Attorney

The Respiratory Care Board of California thoroughly investigates all applicants for Respiratory Care Practitioner Licenses. The Respiratory Care Board of California may deny a California Respiratory Care Practitioner License to Respiratory Care Practitioner students and Respiratory Therapists from other states and countries. Most California Respiratory Care Practitioner License denials occur due to criminal convictions, financial problems or misstatements on the Respiratory Care Practitioner License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Respiratory Care Practitioner License should contact a Respiratory Care Board of California License Denial Lawyer for representation in a Respiratory Care Board of California Statement of Issues Hearing.

Respiratory Care Board of California Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Respiratory Therapists who have received a Respiratory Care Practitioner License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Respiratory Care Practitioner License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the Respiratory Care Board of California. A successful Respiratory Care Practitioner License Petition for Reinstatement requires representation by an experienced Respiratory Care Board of California License Defense Attorney.