The California Board of Podiatric Medicine (CBPM) manages licensees' practice and licensure process. CBPM primarily controls and enforces regulations for professionals to protect patients’ welfare. Acquiring and keeping your permit as a podiatrist is not the only challenge you will deal with. Violating your professional code of conduct can result in an investigation and subsequent disciplinary measures that could permanently dent your career, like license termination.

Thankfully, an allegation does not make you guilty. You will be subject to an administrative proceeding to defend your career and dispute the charges. At Oakland License Attorney, we will provide legal guidance and protection in the administrative hearing to ensure you continue practicing.

Podiatrists Duties

A podiatrist is a medical expert who addresses issues relating to the feet and legs. As a specialist in this field, you do not enroll in medical school; you undergo rigorous education and training to acquire a certificate. Once you receive the certificate, the next phase is licensing, which the CBPM conducts. The board issues licenses and manages the practice. Once the board licenses you, you can begin to perform activities like:

  • Diagnosing foot problems like tumors, ulcers, or broken bones
  • Providing corrective procedures like casts and strappings
  • Inventing treatments for various foot ailments
  • Offering bespoke patient consultation
  • Fix balance and walking issues

While performing these activities, you treat several foot or leg-related ailments, including:

  • Fractures and strains or sprains in the ankle that are common among athletes
  • Nail conditions like nail infections and ingrained toenails cause extreme pain. You relieve your patients of these signs as a podiatrist by crafting an appropriate treatment.
  • Diabetes foot. The condition destroys the leg nerves so you cannot notice minor wounds. The inability to see the scars enables them to exacerbate, leading to an amputation. Your role is to diagnose a diabetic foot and perform the necessary remedies to arrest the ailment and prevent an amputation.
  • Arthritis that causes wear in the joints. You can use therapy or surgery as a foot specialist to address the ailment.

CBPM Ethics

The guidelines of principles you must adhere to as a podiatrist are the ethics code. Once you complete your education and training, CBPM will grant you a permit if you are eligible. Even if you complete your education and are certified, you cannot offer podiatric medicine services without a license. Obtaining a permit is a big win, but you should know that the board has strict guidelines to comply with for high-quality services.

One of the ethical principles you should observe is that of confidentiality. Therefore, any personal information disclosed to you by a patient or colleague must remain confidential.

Also, you should be accountable for your conduct and actions. You will be liable for any workplace violation, negligence, incompetence, or misconduct.

Similarly, CBPM expects you to maintain dignity and honor by conducting yourself professionally when offering podiatric medicine services.

Before conducting an examination or procedure, you should obtain the patient’s approval. Consent from the patient or their loved one is mandatory when providing services unless it is an emergency.

Your patients must understand their ailment, the treatment they are receiving, and post-procedure instructions. Therefore, as a podiatrist, you should communicate effectively.

Feet illnesses do not choose race, gender, nationality, or cultural beliefs. So, you are expected to treat all your patients fairly and respect their diversity.

Upholding these ethics in a challenging environment is a demanding task. Sometimes, patients can be unsatisfied with your services, leading to allegations of incompetence or misconduct. When this happens, you should hire a lawyer to defend you or negotiate with CBPM or its investigators for a favorable verdict.

Possible Complaints Podiatrists Face

Complaints that could result in disciplinary measures against you by the CBPM are:

  • Misdemeanor or felony guilty verdicts substantially related to your medical practice
  • Insurance fraud or misrepresentation
  • Workplace substance or alcohol abuse
  • Purported mental ailment
  • Refusal to maintain patient surgeon or patient confidentiality
  • Inflicting harm recklessly to a patient
  • Refusal to provide patients with access to accurate medical documents or records
  • Professional misconduct
  • False advertisement

Contesting the Accusations

The disciplinary process commences when someone reports a violation to CBPM. Different individuals can complain about you, including patients, patient's relatives, your coworkers, public members, or insurance agents. Besides, the state can initiate a disciplinary process by notifying CBPM of an ongoing criminal case or conviction with a substantial relationship to podiatric medicine. The phases the case will follow are:

Investigation Phase

When CBPM receives an accusation, it assigns the case to an investigator for further inquiries. The investigation process encompasses the board informing you about your accusation and demanding an answer or response. The answers you give help the licensing agency establish whether the allegations can be substantiated.

Consent Order

If investigators find overwhelming proof against you for the violation, an administrative proceeding will not be necessary. Instead, your defense attorney will negotiate a fair settlement or deal whereby you plead guilty to the accusation for a fair disciplinary measure like a warning or reprimand letter. Consent orders help resolve complaints faster but are unfavorable when severe accusations are involved.

Formal Proceeding

When a consent proceeding does not resolve the case, the AG schedules a formal administrative hearing presided over by an ALJ. You require a lawyer in your corner for this proceeding to submit mitigating circumstances and your account of the event leading to the accusations. Once both sides present their arguments, the ALJ considers circumstances in aggravation and mitigation, your professional record, whether the public sustained harm, the possible harm that could have occurred, and the solidity of your proof to determine your appropriate disciplinary measures.

Disciplinary Measures

The punishment you could face for your violation as a podiatrist includes:

  1. Compulsory Test or Exam

Minor violations are not severely punished, especially if you are accused of deviating from the code of conduct set for podiatrists. Under these circumstances, CBPM will conduct a mandatory exam to test your knowledge of the board’s guidelines. CBPM will give you time to study for the test to ensure you are adequately prepared. If you pass the examination, you will keep the permit. If you fail, you risk disciplinary action, including loss of practicing permit.

  1. Professional Probation

CBPM can place your podiatrist license on probation in lieu of a termination or withdrawal. Professional probation means you will retain your permit and continue practicing under strict requirements to ensure that your services are uncompromised and do not threaten public safety.

Typically, probation lasts no more than 36 months, although sometimes it could extend to 60 months. If the probationary term is long, the chances of a violation are high. So, you should ask your attorney to negotiate with the AG or CBPM investigators to compel them to extend a shorter probationary term.

California statutes allow for probation modification, but through a petition. If CBPM grants your petition, you could be eligible for at least twelve months of professional probation. After 24 months of probationary term, you can seek an early termination of the program. If you show proof of adherence to the probationary term, the board will grant your application for an early termination or modification.

  1. Participation in Ethics Classes

Most accusations or complaints stem from the violation of ethical principles or standards. CBPM has regulations and ethical principles licensees must abide by to ensure quality care standards. When you disregard these rules, you risk an accusation from the licensing agency. The board does not severely punish you for a minor violation of their regulations. Instead, they will allow you to retain the permit, but under the condition that you will enroll and complete an ethics course. The duration hinges on the nature of the violation. The classes teach you the profession's principles, like confidentiality, integrity, and accountability.

  1. License Withdrawal or Suspension

Severe violations that harm or threaten to harm the public are punished with license suspension. When the CBPM adopts this disciplinary measure, they bar you from using your license to offer services for the withdrawal period. Once the suspension lapses, you can apply for a reinstatement to resume practice.

The punishment is severe because you will not earn a living or run your podiatric medicine clinic without a license. So, it is best to invest in a proficient attorney early in the case to negotiate a settlement that does not involve a loss of your permit.

  1. License Termination or Revocation

License termination is the harshest punishment a podiatrist can face at the end of a disciplinary process. Terminations are permanent and can end your podiatrist career nationwide. However, it is still possible to reinstate a revoked license, but you need a proficient attorney to help you with the process as it is complex and lengthy. So, hire a license lawyer to prevent an unfavorable verdict when you learn of the accusations. Even if the decision is adverse, the attorney can convince CBPM to overturn the license termination and reinstate your license, giving you a clean slate.

Podiatrist License Reinstatement

You can only reinstate your license after revocation when the probationary term expires. The reinstatement is an opportunity to show that you have changed and learned from your previous mistakes. You must show that you have completed the rehabilitation programs recommended by CBPM.

A reinstatement application is not always successful, but you still have other avenues you can pursue. If the board rejects your application, you can request an administrative hearing before an ALJ to submit proof of good conduct. A competent attorney will help restore your license and keep your career from ending.

The stages for reinstating the permit are:

Determining Qualification

The board imposes probation if they establish you engaged in professional misconduct or a violation. So, if you are to qualify for reinstatement, you should show that you have completed the probation term and adhered to the relevant conditions.

The duration you should wait before lodging a reinstatement petition varies depending on the type of complaint. If the revocation was for unprofessional conduct, you must wait at least 36 months before petitioning for reinstatement. When the probationary term is 36 months, you should wait for at least 24 months before requesting an early probation termination.

Preparing and Lodging a Petition

Once you confirm you are eligible for a penalty relief petition, the next step is to lodge the petition with CBPM. When preparing the petition, state the circumstances leading to your penalties and rehabilitation. Besides, you should mention the reasons for filing, the income-generating activities you have been engaging in during the suspension or revocation period, the positive effects of rehabilitation, and your plans once the license is reinstated.

Your petition must be backed by at least two recommendations from podiatric medical experts who can vouch for your professionalism while practicing and a detailed resume. Also, you should attach copies of the CBPM certification and rehabilitation certificate to the petition.

Investigation Stage

When CBPM receives your petition, they will assign your file to an investigator. The officer will then contact you, the petitioner, to interview you to establish if the statements in the petition are factual. The interview happens in the nearest CBPM offices. If you are out of state during the reinstatement petition, the officer will interview you via the phone.

Administrative Proceeding

CBPM does not make the final decision on reinstatement. The petition is assigned a deputy AG once substantiated.

In the proceeding, the board’s legal representative will submit the original accusation, disciplinary measures, and the penalty relief motion. On the other hand, your attorney will witness testimony and documents to prove rehabilitation and other mitigating factors after the petition.

The testimony you submit before the AG should address your rehabilitation and compel the board to feel comfortable terminating probation or reinstating your license. CBPM will grant your petition if you prove you no longer threaten public safety or health.

License Application

When applying for the podiatric license, you should know that besides school certification, CBPM will run background checks on your history. If you have a guilty verdict or ongoing charge with a substantial relationship with podiatric medicine, the board will conclude the record could impair your capacity to provide quality podiatric services, thus denying you a permit.

Find a Proficient License Lawyer Near Me

As a modern podiatrist, you play a critical role in addressing the various challenges the health sector faces, considering the increase in diabetes and obesity incidents that are highly linked to feet and ankle ailments like diabetes foot. Your services are in high demand, but this does not protect your license. A simple complaint could cause the CBPM to terminate or suspend your license. At Oakland License Attorney, we understand the threat to your license, so we are here to defend you. Contact us at 341-234-0408 to evaluate your accusations.