As a licensed acupuncturist, you must work hard to earn your certification to ease your patients' pain using time-tested methods based on non-invasive and non-surgical methods and dietary and herbal guidelines. Therefore, any party filing a formal complaint against you to the California Acupuncture Board can lead to your professional license, career, and livelihood loss. Refrain from making the mistake of composing a response letter in your defense without professional help. Ouof lack of objectivity, you can accidentally include information that invites the board to build a case against you. Oakland License Attorney recognizes that every case is unique, so we can work with you to develop a legal defense strategy that addresses your distinct needs and yields the most favorable outcomes.

An Overview of the California Acupuncture Board

The California Acupuncture Board is a regulatory agency under the DCA (Department of Consumer Affairs). Its mandate is to regulate the practice of Asian medicine through acupuncture and issue acupuncture licenses.

Some of the responsibilities of the board include the following:

  • Issuing licenses to applicants who have passed the California Acupuncture Licensing Exam (CALE) and renewing existing licenses.
  • Overseeing the administration and development of CALE by reviewing, approving, and analyzing submitted documentation from exam applicants to ensure adherence to the board’s standards.
  • Imposing disciplinary actions against licensees.
  • Overseeing the agency’s regulatory and policy affairs.

The law authorizes a license holder to:

  • Practice acupuncture (Acupuncture is stimulating a particular point(s) near or on the body surface by inserting needles to alter or prevent the perception of pain or normalize physiological functions to treat body dysfunctions and specific ailments. It involves using techniques like cupping, moxibustion, and electroacupuncture).
  • To prescribe the use of or perform Asian massage, breathing techniques, acupressure, cold, heat, magnet, diet, herbs, nutrition, animals, plants, dietary supplements, and mineral products to restore, maintain, and promote health.

Mineral, animal, and plant products means plant, mineral, and animal naturally occurring substances without synthetic compounds, dangerous drugs, or controlled substances.

Typical Reasons that Can Attract Disciplinary Action

As an acupuncturist, you should comply with the rules and laws to keep your professional license and avoid other penalties. The board can take action against you in response to a complaint or after discovering facts that can affect your ability to maintain the license and practice.

There are three main categories of reasons why the board can impose disciplinary action.

The first one is unprofessional behavior, including:

  • Possessing or using a controlled substance.
  • Misleading or false advertisement.
  • Failing to abide by the board’s infection control regulations.
  • Threatening or harassing a patient.
  • Patient abandonment.
  • Sexual contact with patients.
  • Operating a massage parlor and acupuncture facility.
  • Having a previous conviction on your criminal history that is associated with your qualifications or acupuncturist duties.
  • Already having an ongoing investigation by another licensing agency.
  • Permitting prostitution to happen in your facility.

The second reason is engaging in fraudulent conduct, including the following:

  • Engaging in deceit and fraud during the application process, like cheating on your licensing examination or inventing fictitious qualifications.
  • Engaging in insurance fraud.
  • Overbilling.
  • Creating false medical records.
  • Changing/altering a medical record with a fraudulent intent.
  • Failure to maintain accurate and sufficient records linked to offering services to patients.
  • Continuing education that the board does not accept.
  • Failing to satisfy continuing education requirements.

Finally, being incompetent or negligent in your acupuncture practice can attract disciplinary action. The licensing agency will consider the treatment’s results before determining whether you were incompetent. These behaviors include gross negligence when treating patients and repeat negligence in treating several patients. 

The Disciplinary Process the California Acupuncture Board Takes

Any party can file a complaint via the board’s official website or in written form. While the complaints are common, the board dismisses them as unsubstantiated. Then, the board will prioritize investigating the most egregious violations.

The board will send you a Notice of Investigation if you are under investigation. Do not speak with the investigators before consulting your professional license defense lawyer. The sooner you retain an attorney, the higher the likelihood of obtaining a favorable case outcome.

Sometimes, the California Acupuncture Board can perform an undercover sting operation, mainly if the criminal allegations involve selling controlled substances and prostitution.

If the board serves you an interim license suspension during your investigation, you should prioritize challenging it. You cannot wait several months or years for the case to conclude.

The California Acupuncture Board can drop your case if it faces resistance from your experienced attorney or needs more evidence against you. Nevertheless, if the agency thinks it has a case, it will make a formal allegation. Your attorney can fight the statement of issues with proof in your favor.

Next, your case will proceed to an administrative hearing before an ALJ (administrative law judge). Your attorney will present mitigating factors and challenge the evidence to lower the severity of the imposed discipline. The ALJ imposes discipline, but the board must review the judge’s decision before approving it.

Some of the disciplinary actions the board takes include the following:

  • Citation and fines.
  • Stay of revocation and probation — It allows an acupuncturist to continue practicing with restrictions. It is a more favorable outcome than revocation or suspension.
  • Letter or reprimand.
  • Revocation or suspension — These prevent a license holder from practicing. Suspension is for a specified duration, while revocation has no time limit.

Effects of a Criminal Conviction or Charge on Your Professional License

BPC Section 490 allows the board to issue a formal order asking the court to restrict your license when facing criminal charges. Your accusations, whether a felony or misdemeanor, should be linked to your ability to do your professional duties or your job qualifications safely. Examples of misconducts the agency considers can or do significantly affect your practice include the following:

  • Sexual battery.
  • Domestic violence.
  • Possessing controlled substances with a selling intent.
  • Driving under the influence.
  • Minor possession of controlled substances.
  • Insurance fraud.
  • Grand theft.

Here are the limitations the licensing body can request from the court:

  • A restriction will be your bail condition.
  • The court can impose a restriction during sentencing.
  • The interim suspension until your case completion.

Your attorney can petition the court and challenge the board’s actions.

Steps to Take After the Board Suspends Your Acupuncture License

When the California Acupuncture Board suspends your license, it is because of the assessment that allowing you to continue practicing can threaten general public welfare, safety, or health. A suspension stems from evidence or accusations of a severe violation or misconduct that might endanger your patient's care. Perfect examples include proof of alcohol abuse while on duty, criminal conduct related to your professional responsibilities, and gross negligence. While a license suspension is devastating, you can work with an attorney toward license reinstatement.

How soon the board can reinstate your license depends primarily on the circumstances surrounding your suspension. These factors include the following:

  • Nature of the misconduct (type and severity of your violation) — A disciplinary action due to a minor administrative oversight can be resolved quicker compared to a suspension associated with criminal activities or serious clinical malpractice.
  • Completing the mandated actions—If the board requires particular remedial actions, you should be proactive about completing them to accelerate your reinstatement procedure.
  • The board’s case review and ruling process — After meeting the board’s requirements and submitting the relevant documentation, the agency will review your case. The review process’ duration varies depending on the case complexity and the board’s caseload.
  • Legal representation — Retaining an attorney can accelerate the process. A skilled lawyer can navigate the legal system on your behalf, resulting in faster case resolution.
  • If you decide to challenge your license suspension, the subsequent appeal and scheduled hearings can lengthen the process. Although it can extend your timeline, appealing is crucial to ensuring fair consideration and treatment.

Steps to Obtaining a License Reinstatement

Your license reinstatement process can feel confusing, but breaking it down into steps can make it more manageable. Here is what to do:

  • Enquire about the reason(s) for your license suspension — Read and understand your case documents from the board. Whether it is because of unprofessional conduct, a criminal conviction, or an administrative issue, identifying the cause is vital.
  • Consult your attorney — Before taking action, seek legal assistance. Your attorney knows the intricacies of the board’s processes and can offer a tailored approach to your case. They will review your case specifics, offer insights into the potential outcomes, and advise you on the most appropriate action plan.
  • Adhere to the board’s requirements — The board requires you to complete specific actions, like receiving rehabilitation for controlled substance abuse and completing additional training. Ensure you meet the requirements; they are significant in your reinstatement process.
  • Prepare to submit the relevant documentation — The board will require documents like proof of completed education, evidence of rehabilitation, or character references. Ensure your necessary documentation is in order and submitted timely and appropriately.
  • If a board schedules a hearing, attend it with your lawyer. It is an opportunity to prove your rehabilitation, offer explanations, and present your case.
  • Stay updated and informed—Since processes, regulations, and laws evolve, it can be vital to stay constantly informed about the changes applicable to your case.

What to Do If a Professional License Investigator Wants to Meet with You

If you are an acupuncturist facing an investigation by the California Acupuncture Board, you will be greatly concerned about protecting your livelihood, professional reputation, and career. A complaint leading to an official investigation by the licensing board is a serious legal matter.

When the investigation commences, you will receive a notification from the licensing board that your acupuncture license is under investigation.

When following up on your investigation, you should understand that the licensing board should adhere to strict guidelines regarding dispensing their mandate. Therefore, you should avoid responding to the board’s letter immediately, despite the pressing urgency to exonerate your name from the allegations brought against you.

Instead, you should first consult your knowledgeable and experienced defense attorney because licensing matters are complex and could be more perplexing than you may think. Your attorney has extensive knowledge of California acupuncture practice laws and statutes and can help you determine what documents to provide to the licensing board.

You must refrain from contacting the party that filed the complaint to resolve the issue, deliberate on the allegations, or convince them to withdraw their complaint. The board could view any attempt to contact the individual who made the complaint as intimidation or harassment.

Why Meeting a License Investigation Officer Without Legal Representation is a Bad Idea

The board’s investigating officers are highly skilled interviewers because they are trained to expertly ask questions that solicit your responses, which could entrap you into agreeing to self-incriminating evidence. Therefore, you should work with a knowledgeable lawyer who understands the nuances of your licensing board’s rules, can best defend your constitutional rights, and can help you achieve the most favorable case outcome.

If a licensing investigator comes to your home or office, you should request their card and inform them that your legal counsel will contact them. Even if the investigative official appears friendly, low-key, or informal, you should avoid discussing your case with them or giving them any case information or materials without your lawyer present. Allow your attorney to handle all communication for you. You should not permit them to coerce you into saying or doing something you might regret later.

Keep in mind that licensing cases differ from civil lawsuits. The licensing board’s investigations focus on establishing whether you violated the standard of care, state laws, or administrative guidelines mandated in your field of practice instead of the harm committed through your alleged misconduct. However, harming or hurting a client can lead to a malpractice lawsuit against you.

Contact a Seasoned Acupuncture Professional License Lawyer Near Me

When the board schedules an administrative hearing, you might believe you will be talking to empathetic people who understand how crucial your license is to your practice. However, the board is concerned with the public’s safety, and your license is not its priority. The license defense attorneys at Oakland License Attorney can offer keen insights into what is involved and what it takes to protect the credential you have dedicated efforts, time, money, and hard work to achieve. We can analyze the situation for you, gather supporting documents, and aggressively fight for your rights and career. Please contact us at 341-234-0408 to schedule your initial consultation and learn how we can help you.