Even after working hard to obtain an acupuncturist license in Kern County and dedicating your time, energy, and resources to becoming a renowned professional, you can instantly lose your license and livelihood due to an allegation of unprofessional conduct. The Acupuncture Board is very particular about your qualifications, what you can do, and what you must not do to maintain your license. A mistake or simple misunderstanding with a patient or employer can cause your licensing board to suspend or cancel your license.

But that happens after an investigation and hearing, where you can present evidence and defense. You must do your best to defend your license, which is possible with our help at Kern County License Attorney. Our knowledge of state laws and administrative processes will enable you to navigate the legal processes successfully and push for a fair outcome for the case.

The Critical Role of Acupuncturists

Acupuncture is a crucial component of traditional Chinese medicine. Its popularity has increased over the years because it is effective in managing pain and treating conditions that cause chronic pain. People who have not enjoyed much success with modern medicine seek alternative medicine like acupuncture to improve their conditions and quality of life. Thus, an acupuncturist is a highly sought-after healthcare professional in California. However, through the Acupuncture Board, the government must regulate the practice to ensure the public receives quality, effective, and safe services.

This is seen in the strict way qualified acupuncturists are licensed in California. In addition to being trained in acupuncture and safe healthcare practices, you must understand the health code and be willing to adhere to the high standards set by the Acupuncture Board for all licensed professionals. You will be investigated and penalized if you go against the standards of practice and could lose your license in case of a grave violation.

Acupuncturists must be carefully trained to offer safe and effective services. The profession involves using tiny needles, which they insert at strategic locations on the human body to stimulate muscles and relieve an underlying problem causing pain. Sometimes, acupuncturists use modern technology, equipment, and tools, which they must have the proper training to use. They must also understand how the human body structure works for proper diagnosis and treatment recommendations. The practice must also happen in a conducive environment that meets the board's safe standards.

As technology advances,  new techniques and equipment are introduced in the healthcare sector. Like other healthcare professionals, acupuncturists must advance their training to master new treatment methods and use the latest tools and equipment. This is how you remain practical and valuable in the medical field.

Sadly, you can lose your license even after fulfilling all the requirements set by the Acupuncture Board. A simple misunderstanding with a patient or employer or a regrettable mistake can trigger an investigation by the board. If the board finds evidence of your violation, it will take action against you, which could affect your reputation or license.

You can challenge the allegation or disciplinary action by the board to maintain your reputation and livelihood. An experienced attorney can ensure you obtain a favorable outcome by putting up a strong defense against the allegations during the hearing.

The Role of the Acupuncture Board

California Acupuncture Board also vitally ensures that only qualified acupuncturists are licensed to serve Californians. Its primary role is to ensure the public receives quality, safe, and professional services. The board will take disciplinary action against you if you violate set standards, which could affect your license or reputation. The board has listed various violations that could result in discipline on its website. These violations include the following:

  • Drug or alcohol abuse, particularly when treating patients.
  • Incompetence, ordinary negligence, or gross negligence when rendering your service.
  • Abandoning or neglecting a patient.
  • All forms of unprofessional conduct.
  • Sexual misconduct while at work, whether with a coworker or patient.
  • Allowing unlawful practices, like prostitution, to occur in your workplace.
  • Combining your practice with other services like massage.
  • Violating any section of the Health Code.
  • Failing to adhere to safe procedures, including infection control.
  • Insurance fraud or other fraud-related crime.
  • Fraudulently acquiring your acupuncture license.
  • Falsifying medical records or failing to keep proper medical records.
  • The use of illegal, false, or misleading advertising practices.
  • Committing an offense that possibly affects your service as a licensed acupuncturist.
  • Being investigated or disciplined by another state’s licensing board or a different government agency.

Remember that this board exists mainly for public safety. Thus, it is compelled to take action whenever it receives an accusation regarding misconduct by licensed acupuncturists. The board will investigate the matter and could take severe action, regardless of how experienced and reputable you have been in the past. However, an aggressive attorney can introduce mitigating factors to your case, like your clean record, to push for a favorable outcome.

When the board receives an accusation or information regarding your violation, it will first establish the nature and gravity of the accusation. If the complaint is trivial or lacks substantial evidence, the bard will drop it. However, it will pursue a case if it seems credible and there is evidence to support it. But before starting an investigation, the board will send you a notification of the same and inform you of pending hearings and possible disciplinary action.

Disciplinary Action by the Acupuncture Board

The Acupuncture Board's disciplinary action depends on the severity of your actions or inactions and your past performance record. You could receive a citation for a minor violation through the board’s website. The citation will mention your actions or inactions, possible consequences, and a warning against repeating the violation. The citation could be accompanied by a requirement to pay a particular amount in fines. The board will dismiss the matter once you meet these requirements. However, since the citation is publicly issued, it could damage your reputation. If an employer or patient sees it, they could discontinue their engagement, leaving you without a livelihood.

You need the assistance of a license attorney to fight the citation and fine. Fighting the citation will save your reputation. Your attorney can push for an acceptable fine, and favorable payment terms.

Instead of a citation, the board could write a letter of reprimand to you as a warning against your actions and inactions. The board also issues this reprimand through its website, making it accessible to crucial people like your patients and employer. Thus, it could damage your reputation and affect your career.

If you worry about your reputation, your attorney can assist you in negotiating for a more favorable penalty than a public reprimand. They will strive to defend your rights and push for your best interests.

Sometimes, the board is compelled to suspend or cancel your license. A suspension is usually for a particular time, after which you can reinstate the license and continue working again as an acupuncturist. However, a revocation is generally permanent. Suspension and revocation are usually used in case of severe violations. If you are incompetent or negligent, and a patient incurs damages because of your actions or inactions, the board can suspend or revoke your license, depending on the damages incurred.

Although the board uses suspension and revocation as a last resort, you can lose your livelihood when they happen. You need an aggressive attorney to compel the board to consider mitigating factors in your case for a fair resolution. For example, if this is the first violation on your record and you have started treatment or rehabilitation to become a better acupuncturist, the board can give you another chance.

Instead of revocation, the board can send you to probation to gauge your performance before allowing you to continue rendering your service. Although probation will enable you to continue earning a living, it comes with strict conditions that could make your service delivery difficult. Fortunately, you will regain your profession again if you serve probation successfully. Your attorney can negotiate for fair conditions to make your work easier while on probation. They can also file for an early termination of your probation if you demonstrate changed behavior after some time on probation.

The period before the determination of your case is usually the hardest. Most acupuncturists give up on the process and seek alternative means of earning a living. Having an attorney by your side will encourage you to keep fighting for your career. Your attorney will encourage and support you all through the legal process. They will not give up on you, however discouraging the outcome of your case is. An experienced attorney will file an appeal if you are unhappy with the result of the case. They will not rest until the board gives a fair verdict.

The Administrative Process the Acupuncture Board Takes After Receiving a Complaint

The acupuncture Board receives complaints from different sources regarding misconduct by licensed acupuncturists. Most complaints come from dissatisfied or injured patients, and others come from patients’ relatives, colleagues, and employers. Although it dismisses some of these complaints for lack of credibility, it pursues some and takes disciplinary action to maintain a safe and effective practice. The board receives most complaints in writing, mainly via email or its website. It prioritizes the most urgent and grave violations to protect the public and prevent further violations. You will likely receive a notification right after the board decides to pursue your case.

Once you receive the notice, it helps to talk to an attorney to understand what the notice means, the gravity of the violation, and the likely outcome of your case. The board will investigate the case before holding a hearing to determine the matter. Once the judges have enough evidence, you must attend a hearing. Your attorney can accompany you during this hearing to defend your rights to legal representation and to defend you. The judges will first table their evidence, call witnesses, and then allow you to present your evidence and arguments.

The judges will consider the evidence presented to determine the final verdict. If your evidence is weightier than the board’s evidence, or your attorney introduces mitigating factors in your defense, the board can dismiss the allegations. But if the judges have more evidence against you, they will explain the possible disciplinary action the board will take against you. Your attorney can support or fight the board’s decision before making the final verdict.

In more severe cases where the board needs more time to gather evidence, it could suspend your license temporarily until the final verdict. This is usually the most trying time because you cannot continue working once your license is suspended. The board does that to prevent you from interfering with the investigation or influencing its outcome. However, taking your livelihood will leave you without a means to earn a living. Your attorney can fight this decision to keep you on the job while the investigation is underway.

Your attorney’s role during the hearing is to fight any evidence brought against you by the administrative judges. If this is done successfully, the final ruling will favor you. If the case’s outcome is unfavorable, your attorney can appeal to the board for a fresh hearing. An experienced attorney understands how hard you have worked to attain your qualification as a reputable acupuncturist. Thus, they will use any strategy and resource to obtain a favorable outcome.

Find a Knowledgeable License Attorney Near Me

An investigation and disciplinary action by the Acupuncture Board in Kern County can ruin your reputation and livelihood. You can challenge your situation to compel the board to dismiss your charges or negotiate a fair settlement. This ensures you continue working in a career that has cost you money, time, and resources to build. However, you need the assistance of a competent license attorney to navigate the complicated legal system, understand your options, and develop a solid defense against the allegations you face.

At Kern County License Attorney, we understand how much being a successful and reputable licensed acupuncturist means to you. Thus, we will fight alongside you until you are happy with the final verdict. Call us at 805-702-8560 to start the administrative process with us.