Indiana Respiratory Care Committee Care Attorney

Indiana Respiratory Care Committee Attorney

The job of the Indiana Respiratory Care Committee is to protect and promote the welfare of the people of Indiana. They do this by ensuring each person who holds a license as a respiratory care professional in the State of Indiana is competent to practice safely. This means the Indiana Respiratory Care Committee has the authority to discipline the license of any respiratory care professional. Chelle Law’s Indiana Respiratory Care Committee Attorneys have represented over 1000 health care professionals and have the experience needed to help respiratory care professionals with Indiana Respiratory Care Committee matters. We can assist all respiratory care professionals with Indiana Respiratory Care Committee issues, including:

  • Respiratory Care Practitioner (RCP)

Respiratory Care Committee Complaint

Who can file a complaint against an respiratory care professional? Patients, Health Care Facilities, other professionals, among others. When the Indiana Respiratory Care Committee receives a complaint, the Board will initiate an investigation into the complaint (if the Board has jurisdiction and the Complaint isn’t dismissed). After this happens, the respiratory care professional will receive notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial for respiratory care professionals as they must submit a response, interview with the investigator while also possibly appearing at an Indiana Respiratory Care Committee Meeting. Complaints are taken very seriously by the Indiana Respiratory Care Committee. They commonly investigate each complaint they receive. This is to protect the public and ensure the licensee is competent and ethical. Complaints are sometimes filed directly to the Office of the Indiana Attorney General Consumer Protection Division (referred to as the Division below) which investigates and prosecutes all complaints concerning regulated occupations such as respiratory care.

The Division will receive a complaint and will first make a determination as to its merit. If the respiratory care professional who is the subject of the complaint is registered with the Indiana Respiratory Care Committee, then he or she will fall under the state’s jurisdiction and thus action will be taken by the Division. They will notify the licensee of the complaint including its nature and its ramifications and try to resolve the complaint through negotiation.

A thirty-day period then elapses before further investigation can occur. During this time the negotiation takes place. If an agreement is reached by the Division and the subject of the complaint signs a statement that it is resolved, no further action takes place at that time.

However, in that thirty days if no agreement is reached, the Division can proceed with the investigation. Witnesses can be called, documents can be collected and interviews with interested parties can be conducted. If discipline is to take place the attorney general receives this information and may, on behalf of the state of Indiana, prosecute and call for a public hearing.

RCP Application Denial

Applicants to the Indiana Respiratory Care Committee who have a criminal history or previous discipline by the Indiana Respiratory Care Committee (or any other Board) may be subject to denial of their application for licensure. Thus, those with a criminal or disciplinary history from other licensing boards will be investigated by the Board.

Reporting a Criminal Charge to the Respiratory Care Committee

Indiana law (IC 25-1-1.1-1) holds that any licensed or certified individual who has been convicted of a misdemeanor (except traffic related convictions) or felony must notify their Indiana Licensing Board within 90 days after the order or judgment is entered.

Indiana Professionals Recovery Program

The Indiana Professionals Recovery Program (IPRP) is the Board’s non-disciplinary, confidential monitoring program for healthcare professionals in Indiana. The IPRP Program is designed for those with substance use disorders. Respiratory care professionals who are interested in IPRP must voluntarily request entry and meet the certain eligibility criteria or may be required to enter the program via mandatory regulatory admission.

Respiratory Care Committee Administrative Appeal and Hearing

Any licensee may request an appeal of an Indiana Respiratory Care Committee disciplinary action to an administrative law judge with the Indiana Office of Administrative Law Proceedings (OALP) within the Indiana State Personnel Department (SPD).  This OALP is scheduled to begin on July 1, 2020, but may be subject to change. In some instances, a case is sent automatically to hearing. The administrative hearing is conducted by OALP before an Administrative Law Judge (ALJ). The hearing is not as formal as a trial, but is similar. Each party presents evidence using documents or sworn testimony. Each party also gives an opening and closing argument which should explain why the judge should rule one way or the other. An respiratory care professional’s attorney can cross examine witnesses and testify on his or her behalf. After the hearing, the ALJ reviews the transcripts, evidence and makes a recommendation. However, the Board makes the decision to either accept, reject or modify the ALJ’s decision. If an individuals feels there has been a mistake they can request a rehearing.

Indiana Respiratory Care Committee Disciplinary Actions

Indiana Respiratory Care Committee disciplinary actions are given to respiratory care professionals with a license or certification in Indiana. If the Board determines formal disciplinary action is necessary it will happen after the completion of an investigation. It’s the job of the Committee to review any complaint alleging a violation of the Indiana laws and regulations. Thus, at an Indiana Respiratory Care Committee Meeting the Committee will vote to determine the outcome of each investigation. The Committee can vote on a non-disciplinary outcome or vote to offer the respiratory care professional formal discipline. Disciplinary actions can include:

  • Censure – an official disapproval that is on the record but doesn’t affect the license
  • Letter of reprimand – on the official record but not affecting the license
  • Probation – the licensee must report to the board regularly
  • Limitations on practice
  • Cease and desist order
  • A fine assessed not to exceed $1,000
  • Suspension of license
  • Revocation of license

If you’re interested in setting up a consultation with our Indiana Respiratory Care Committee Attorney at Chelle Law or learning more about any of the services we provide to Indiana respiratory care professionals we invite you to reach out to us today.