File a Complaint

Pursuant to Business and Professions Code section 3758, any employer of a respiratory care practitioner is required to report to the Respiratory Care Board (RCB) any leave, resignation, suspension, termination, or request to place on a 'do not call' list for the following causes of any practitioner in their employ:

  1. Suspected or actual use of controlled substances or alcohol to such an extent that it impairs the ability to safely practice respiratory care.
  2. Suspected or actual unlawful sale of controlled substances or other prescription items.
  3. Suspected or actual patient neglect, physical harm to a patient, or sexual contact with a patient.
  4. Suspected or actual falsification of medical records.
  5. Suspected or actual gross incompetence or negligence.
  6. Suspected or actual theft from patients, other employees, or the employer.

Additionally, Business and Professions Code section 3758.6 requires the employer report to the RCB the name, professional licensure type and number, and title of the person supervising the licensee who has been subject to leave, resignation, suspension, or termination for cause, as defined in subdivision (b) of Section 3758. Pursuant to California Code of Regulations section 1399.379, the information is to be disclosed to the RCB within 10 calendar days from the date of suspension or termination, whichever occurs first.

An employer is defined as any company, corporation, partnership, health maintenance organization, registry, staff agency or agency, or any other entity or person that employs or contracts with, one of more respiratory care practitioners.

There are two ways to file a complaint with the RCB:

Once the RCB receives and opens the complaint, the complainant will receive a letter acknowledging receipt of the complaint within ten business days. Please refer to the RCB's Enforcement Process Overview for additional information.

Laws & Regulations as they Relate to Mandatory Reporting