Your future career and livelihood as a chiropractor could be at risk if you face disciplinary actions against your license. You must consult an experienced license defense attorney to protect your license and your professional reputation. A reliable attorney should have practical experience across various cases and understand the relevant laws and regulations. At the Oakland License Attorney, we have defended numerous chiropractors against formal allegations and complaints for years. It does not matter how complicated your case is. Our attorneys have what it takes to fight for a favorable outcome.

The Obligations of Chiropractors

Chiropractors have existed since ancient times. Unfortunately, the medical value of their services was only recognized recently. Chiropractors understand the connections among the skeletal, muscular, and nervous systems. They are under careful training in making manual adjustments to bring these three systems back into complete harmony. A chiropractor can help you alleviate chronic pain.

Chiropractors can also offer advice on stress management techniques, proper nutrition, sleep, and exercise. These experts are knowledgeable in examining the patient's medical records, diagnosing medical conditions, and using MRI and X-ray machines. Chiropractors often use a more holistic method to heal. However, a chiropractor should also know when to refer a patient to a surgeon or physician.

Sadly, a single complaint could end your profession despite the valuable services you offer, the expensive process of training, and the hassle of securing the license necessary to start chiropractic practice. Chiropractors often face accusations of negligence or incompetence in the treatment they provide. They are also frequently accused of failing to refer patients to physicians when that would have been necessary.

The other common allegations chiropractors face include substance abuse, insurance fraud, and faulty record keeping. However, a patient could easily file false or exaggerated accusations against you. If this happens, you require a skilled license attorney to walk with you. An attorney has the legal expertise to secure the best outcome during the board investigation or administrative hearing.

The Obligations Of The Board Of Chiropractic Examiners

The California Board of Chiropractic Examiners exists to oversee how chiropractors offer their services and ensure that only qualified applicants secure chiropractic licenses. The board's mission is to protect the safety and health of chiropractic patients. They do so by controlling the licensing of chiropractors. The board also takes disciplinary actions to ensure high standards in the industry. The administrative law judges, abbreviated as ALJs, preside over the hearings. The judges use the board's online disciplinary guidelines and model disciplinary orders. You could face the board's disciplinary measures if:

  • Violate any of the Chiropractic Initiative Act
  • Violate Health and Safety Code
  • Violate California Code of Regulations
  • Violate the California Business and Professions Code, or
  • Other relevant laws and regulations

The following are some forms of professional discipline you could face:

Citation And Fine

A citation could go on your public record, even if considered an alternative to discipline. Potential employers and clients could easily access it. You could also be subject to a fine that can be in the hundreds or thousands of dollars.

Letter Of Reprimand

A letter of reprimand could also go on public record on the board's website, even if it merely warns you not to repeat or continue the alleged crime.

License Probation

You can continue your practice if you win a stay of revocation and probation. The board can allow you to continue offering chiropractic services, provided you comply with the probation conditions.

Interim Suspension

You will not be allowed to continue your practice during the investigation or if you have an interim license suspension.

License Suspension

In this case, you could lose your license for a designated period.

License Revocation

This is the harshest form of discipline, and you could lose your license indefinitely.

The disciplinary action you face will depend on the following:

  • The nature of the offense
  • Presence of aggravating or mitigating factors at or before the administrative hearing

The board always categorizes the crimes as follows:

Category One

Relatively minor crimes fall under category one. Examples of crimes under this category include:

  • Failing to provide patients with their treatment records upon request
  • Failing to post your license properly
  • Failing to inform the board about the change of business address

The minimum penalty you could face for the above violations is one to two years of probation. The maximum penalty you could face for the above crimes is license revocation.

Category Two

More severe crimes fall into this category. The crimes in this class demonstrate a greater disregard for the law, public safety, and ethics. Examples of crimes could include the following:

  • Failing to show up for an administrative hearing for another crime
  • Failing to keep the patient's confidentiality
  • Advertising to treat sexual disorders

If you are guilty of any of the above offenses, you could face a minimum penalty of three years' probation.

Category Three

Crimes under this category are also more severe. They could include:

  • Failing to refer a patient to the right healthcare provider when you should have
  • Criminal convictions for offenses of moral turpitude
  • Drug or alcohol abuse
  • Excessive treatment
  • Gross negligence
  • Sexual relationship with a patient
  • Practicing outside of your expertise and license

If you are guilty of any of the above crimes, you could face a minimum penalty of 30 days of suspension. You could also face a five-year probation period.

Category Four

The crimes in this category are the most severe. They always attract license revocation as a maximum penalty and do not have an optional punishment. Category four offenses are similar to category three offenses on a basic level, covering similar crimes but representing more egregious cases.

Your attorney could help you fight any allegation, regardless of the crime category and the case details. A skilled and experienced license attorney can expose weak evidence. Your attorney could present their expert witnesses and gather sufficient evidence in your favor. This could get your case dismissed without any need to go to a hearing.

An experienced attorney could also win a dismissal during the hearing. However, when this is not possible, your attorney can still present mitigating evidence, which could reduce your punishment. The judge presiding over the hearing will determine the minimum, maximum, or intermediate level of punishment. The judge can consider the following factors when making their decision:

  • The level of incompetence or negligence, if any, of the crime indicates
  • If the crime you committed was accidental or intentional
  • If you secured any financial gain from the crime
  • Whether the criminal conviction happened years ago and if you adhered to the court-ordered probation terms
  • Proof of having undergone rehabilitation for alcohol or drug abuse
  • The nature and severity of the crime you committed
  • If you are currently facing one or more allegations
  • If you have any prior discipline on your professional record
  • The harm that could have resulted from the crime you committed
  • Whether the patient or the public sustained injuries due to your actions

How The Board Deals With The Accusations

You should reach out to your attorney early in the process, especially when you receive a notice of investigation from the board. If you act quickly, you will have better chances of a favorable outcome.

If someone or a former patient takes issue with your practice, he/she can file a written or online complaint to the Board of Chiropractic Examiners. Once the patient submits allegations, the board's enforcement unit will examine if the allegations are relevant to the board's jurisdiction. If the allegations are relevant, the board will rank the allegations in order of priority. Serious crimes will always receive top priority. They also proceed to the investigation unit faster. Some of the serious crimes can include fraud, negligence, and sexual abuse. Less severe crimes receive last priority, but you will ultimately hear from the board regarding them. Billing disputes are not within the jurisdiction of the board.

Next, the board will notify you of the investigation and the allegations filed against you. At this point, you should reach out to a skilled license defense attorney. You should avoid talking to the investigators before consulting your attorney. Your attorney can first fight an interim suspension if it is issued because investigations could take months or even years. Your attorney must do so because you cannot stop your practice for that long, waiting for the board to decide.

In most cases, the board always finds unsubstantiated allegations and dismisses them independently. The board could also dismiss your case if it encounters a strong defense from a competent defense attorney. However, the board will issue a formal accusation, listing the complaints against you, if they feel the case is significant. If this happens, your attorney could negotiate for a favorable settlement before any hearing or fight the accusations. If you have a competent attorney with a reputation for winning license defense hearings, the attorney could bring the board to the bargaining table.

On the other hand, it is always necessary for you to show up personally in court if your case proceeds to a hearing. However, you can also send your attorney to represent you. Your license will be revoked if you decide not to attend court.

Your case will be dismissed if you win the hearing. In this case, no negative information will appear on your record. Your attorney can negotiate for the board to place you on probation if you cannot avoid some form of discipline. Being on probation could help you continue with your practice. Your attorney could also work to reduce the probation conditions. He/she could also work to reduce your probation term to the minimum by presenting mitigating evidence.

The board, however, could also seek to recover all the expenses for any probation monitoring and investigations. Your attorney could negotiate for a workable, scheduled payment plan if you cannot pay this amount upfront. 

Operating Successful Chiropractic Business In California

The following steps will help you run a successful chiropractic business in California and avoid accusations that can risk your professional license:

Have A Plan

Before starting your chiropractic clinic, create a comprehensive business plan that highlights your goals, competitors, and target market. A blueprint will assist you in making informed decisions about your practice because the chiropractic industry is constantly evolving.

Ensure You Meet All The Legal Requirements

Complying with all the legal requirements for running a chiropractic clinic is important. The requirements could include:

  • Registering your clinic and choosing the appropriate business structure. Consulting a legal professional to help you secure the necessary licenses and permits would be better.
  • Secure the right insurance, like property, general, and professional liability insurance. You should also develop patient consent forms that comply with privacy rules. You should also establish avenues for compliance with workplace rules and other relevant standards.

Avoid Lying To Clients To Win Them

A solid marketing and sales strategy is essential for building a thriving chiropractic clinic. You should develop an attractive website highlighting your expertise, services, and testimonials from satisfied customers. Implementing search engine optimization techniques can improve your online visibility. Use pay-per-click advertising, social media platforms, and content marketing to engage and reach your target clients. You should also develop partnerships with local businesses and healthcare professionals to get referrals.

Ensure that Your Clinic Is in a Safe Location

Consider accessibility and convenience for prospective clients when selecting a location for your chiropractic clinic. It is important to choose an easily reachable area, even if people will be willing to travel to see you. The area should also be a balanced mix of residential and commercial buildings. You should also ensure that the zoning rules permit chiropractic services in your chosen area.

Find a Chiropractic License Defense Attorney Near Me

Receiving a notice of investigation and realizing that your chiropractic license is at risk can be devastating. Watching your years of study and the tedious process of obtaining chiropractic go to waste can be daunting. The good news is that facing criminal or professional allegations does not mean that you have to lose your license. With the help of an experienced license defense attorney, you can defend your professional license no matter how intricate the allegations against you are. If you need an experienced license defense attorney, contact the Oakland License Attorney. Our attorneys have represented countless clients in license defense cases. They understand how the system works. Contact us at 341-234-0408 to speak to one of our attorneys.