In Texas, Respiratory Care Practitioners are governed by Chapter 604 of Title 3 of the Texas Occupations Code. This code places the Texas Medical Board in charge of licensure for Respiratory Care Practitioners, with the aid and guidance of the Texas Board of Respiratory Care. The latter has been empowered with, among other things, establishing standards for regulating the practice of and disciplining any violations of rules made in the course of practice by a Respiratory Care Practitioner.
When a complaint is filed against a Respiratory Care Practitioner’s license, it is the Board of Respiratory Care that receives that complaint and investigates any violations of the Respiratory Care Practitioners Act or Board of Respiratory Care rules.
As with any complaint processed under the umbrella of the TMB, when the Board of Respiratory Care initially receives a complaint, its staff first screens the complaint to determine whether the violations alleged in it actually fall under its jurisdiction.
If it does, then an investigation is launched. This is when the practitioner is made aware of the complaint. The notification requests a response from the licensee.
This response letter is key. It is where the practitioner’s case for the falsehood of the allegations begins. And all too often, practitioners craft them on their own, without enough knowledge of the kinds of information that needs to be included and excluded within them. These letters are best handled by an experienced professional license defense attorney who knows what the Board needs to learn. Together we can craft a strong defense from the get-go, and manage to contain the scope of the investigation.
When a Respiratory Care Practitioner receives notice of a complaint, therefore, it is vital that they immediately seek the advice of an experienced medical license defense attorney. Permitting our firm to engage in a thorough review of allegations gives medical professionals their best chance of achieving a favorable outcome in the case.
Our law firm helps health care facilities keep their licenses when those licenses are under attack by the state.
BERTOLINO LLP proudly represents professionals and professional facilities across the entire State of Texas. To best serve our clients we have offices in Austin, Houston, and San Antonio. If you are facing disciplinary action, contact us today or call (512) 717-5432 and schedule a case evaluation.