Complaint Review Process for Respiratory Care Practitioners

Complaint Review Process

The Respiratory Care Board (RCB) relies upon consumers and concerned parties to inform the RCB when a respiratory care practitioner (RCP) has violated the Respiratory Care Practice Act. Such violations may include but are not limited to:

• Sexual Misconduct
• Abuse of Alcohol and/or Prescription Drugs
• Use of Illegal Narcotics/Substances
• Incompetent and/or Negligent Practice of Respiratory Care
• Conviction of a Crime Substantially Related to the Practice of Respiratory Care
• Falsifying or Making Grossly Incorrect Entries in Any Patient Chart
• Changing the Prescription of a Physician
• Fiscal Dishonesty/Fraud/Theft
• Unlicensed Practice Patients have the right to competent and professional medical treatment. RCPs who have committed any of the acts listed above or who have had criminal convictions, may be a great danger to you and other consumers.

Since the most serious complaints concern those violations of the Respiratory Care Practice Act while on duty, it is important that you relay your concerns to the RCB to prevent these violations from occurring in the future. Your complaint can save lives.

• File a complaint as an employer.
• File a complaint as a consumer.
• File a complaint as a licensee.

What happens after you submit a complaint?

Once the RCB receives and opens your complaint, you will be issued a letter of acknowledgment and the RCB will determine the appropriate initial action to take.

It is the RCB's policy to pursue an immediate order of suspension whenever the actions of a licensed RCP indicate the licensee may pose an immediate threat to the public. For more information, please review the RCB's Interim Suspension Order Policy.

After the complaint has been thoroughly investigated and reviewed by the Executive Officer or designated staff, one of the following actions will be taken:

• the case will be forwarded to the Office of Attorney General for filing of a formal accusation and/or;
• the case may be forwarded to the appropriate District Attorney for criminal action;
• a Citation and Fine will be issued;
• a Warning or Cease and Desist letter will be issued;
• the case is referred to another agency with proper jurisdiction; or
• the case is closed due to no or insufficient evidence to substantiate the complaint. Per the RCB's Complaint Disclosure Policy, the RCB will disclose certain complaint information concerning a licensee or applicant to the public.

Where formal action has been taken by the RCB, the subject may face penalties anywhere from a fine, to being placed on probation or outright license revocation. For more information, please review the In House Review and Penalty Determination Guidelines.

You may also review the Enforcement Process Overview for additional information.

The RCB attempts to notify you at each stage of the investigative and disciplinary processes. Further, you are encouraged to contact the RCB office at (916) 999-2190 or by email at rcbinfo@dca.ca.gov if you would like the status of the case.