Chiropractors have devoted themselves to understanding the human anatomy to prevent, diagnose, and treat conditions originating from musculoskeletal system-related problems. To obtain a chiropractic license, you must pursue several years of education, undergo extensive training, incur high costs, and take several different exams to be certified by the board and acquire the license. Unfortunately, as a chiropractor, a single accusation of substance abuse, poor treatment, or unprofessional conduct can jeopardize your license and livelihood.

If you have committed a mistake that threatens your professional license, you want a professional license defense lawyer by your side as quickly as possible. At Kern County License Attorney, we know that it is not uncommon for a person to file an exaggerated or false complaint against a chiropractor, and we understand that even the most skilled chiropractor can make an unintended mistake.

Irrespective of the facts surrounding your case, we will help you and not judge you. We boast the legal expertise to obtain the most favorable outcome during the board's investigation and administrative proceedings. We are ready to employ all our time and resources to protect your license and livelihood. Call us for a consultation.

Chiropractic Care Overview

A chiropractor is a certified healthcare professional specializing in diagnosing and treating spine alignment issues and enhancing the functionality of the nervous system. Chiropractic care has existed for a long time, even in ancient times. However, it was not until recently that its medical value started being recognized significantly. Chiropractors assist in alleviating chronic pain as they deeply understand the connections of the skeletal, muscular, and nervous systems and are trained to carefully make manual adjustments and fixes to return these systems to total harmony.

Additionally, chiropractors offer their patients crucial advice regarding proper exercise, nutrition, stress management skills, et cetera. They are also experienced in examining their patients’ health records, diagnosing health conditions, and utilizing MRI and X-ray machines. Chiropractors should take a holistic approach to curing conditions. However, they should also recognize their limitations and understand when to refer patients to a surgeon or doctor.

However, despite the invaluable services that chiropractic care provides, the costly and lengthy training process, and the professional license required to start practicing chiropractic in California, a single complaint can easily threaten to terminate a career in chiropractic care.

It is usually not unusual for licensed chiropractors to face accusations of incompetence or negligence in their services or failure to refer patients to a doctor when doing so would have been the right thing. Inappropriate record-keeping, substance abuse, and insurance fraud accusations are also prevalent among licensed chiropractors.

The Role of the California Board of Chiropractic Examiners

The California Board of Chiropractic Examiners (BCE) regulates and governs chiropractic licensing in California. The board is liable for granting chiropractic licenses and handling disciplinary matters for chiropractors accused of professional misconduct or convicted of a crime related to chiropractic duties and responsibilities. It ensures chiropractors have undergone adequate training and satisfy the standards of care for attending to patients.

Ideally, the BCE’s primary objective is to safeguard consumers and patients in California against fraudulent, negligent, or incompetent chiropractic cases. Due to these duties and responsibilities, the board might impose disciplinary action against a chiropractor due to complaints of professional misconduct or if the professional has been found guilty of an offense significantly related to chiropractic care practice.

Most chiropractors mistakenly think the BCE looks after their interests. That is not the case. The BCE is a body looking out for consumer protection. Consequently, it keeps tabs on all chiropractors practicing in California. If it finds that a chiropractor has engaged in unprofessional conduct, it will probe them and hold them accountable for any supposed violation.

The BCE has a tricky and intricate system of categorizing violations and deciding the most appropriate disciplinary action, as stated comprehensively in the Disciplinary Guidelines and Model Disciplinary Orders.

Common Allegations Against Chiropractors

Every licensing case has unique elements, including those that involve chiropractors. Several activities can result in submitting a complaint to the BCE. People commit mistakes, but if you have committed an act that jeopardizes your license, contacting a lawyer immediately after you become aware of the possible disciplinary action is the ideal thing to do to stand a chance of continuing to practice your career.

If you lied on the paperwork you submitted to support licensure, have been found guilty of an offense significantly connected to chiropractic activities, or did something that falls under the classification of professional misconduct, it might create the grounds for the affected party to file a complaint against you.

The meaning of what might be a significantly related offense is not governed by strict guidelines and might vary based on the circumstances surrounding the specific conviction. Even though many would assert that being found guilty of driving while intoxicated (DWI) should not be associated with chiropractic practice, often there is a successful argument that a person who has enough of a problem with drugs or alcohol would drive. In contrast, being intoxicated may jeopardize a patient's well-being.

An allegation of professional misconduct may depend on several different actions. Common actions that constitute professional misconduct and justify disciplinary action from the board include, without limitation:

  • Insurance and billing fraud

  • Improper or poor record-keeping

  • Practicing chiropractic medicine with no license, practicing before certification and acquiring a license, or allowing a person under your supervision to perform chiropractic acts without a license

  • Misleading, deceptive, or false advertising

  • Incompetent, negligent, or fraudulent practice

  • Sexual misconduct or improper relationships with clients

  • Referral rebates or referral fee kickback payment schemes

  • Allegations of substance or alcohol abuse or practicing while impaired

  • Doing chiropractic exams negligently or incompetently

  • Being found guilty of an offense substantially connected to a chiropractor’s functions or duties

  • Doing spinal manipulation instead of administering a vaccination

  • Deliberately falsifying records or reporting misleading statements

  • Failure to safeguard confidential patient information or disclosing patient information without authorization to do so

  • Actively engaging in acts of theft

  • Acting dishonestly or fraudulently

The Chiropractic Disciplinary Process

The chiropractic disciplinary process starts when someone (a patient or someone else) submits a complaint to the BCE. First, the board must establish whether or not it possesses jurisdiction to act on the complaint. After confirming this, the board conducts a quick analysis, which may disclose that the complaint's contents are based upon a personality clash or other unsupportable claims.

However, if there is more to the complaint, the board will conduct a more thorough review. The board will then carry out a preliminary probe into the claims in the complaint. After the probe, the board might deduce that there is no evidence to support the allegations, and they do not seem factually correct, resulting in the file being closed with findings that the complaint did not have merit. Alternatively, the investigation might reveal evidence that the accusations have merit, although not up to the point that warrants continuing review. This will lead to the closure of the file.

The initial review might involve the board sending an investigator to gather information or evidence from the licensee under investigation. You mustn't volunteer any details to the investigator since they may use them against you, resulting in the board looking to take formal action. An attorney can come in handy at this point, resulting in the board closing the file with no penalties imposed. A lawyer can also provide the necessary support to navigate the investigation stage.

Should the board decide to keep on investigating the allegations in the complaint, the proceedings will continue as follows:

  • The BCE might decide to address the matter internally and impose a citation, private reprimand, fine, or any other lesser form of disciplinary action against you. The help of a skilled lawyer is crucial at this point in the disciplinary process since they may successfully negotiate a disciplinary action that the board will not widely publish to consumers and patients, thus protecting your reputation.

  • Should the board determine that the problem necessitates a more comprehensive probe, it will escalate the case to the Office of the Attorney General for formal action. If the board refers the case to the attorney general’s office, the attorney general might decide to bring a statement of issues against you if you are an applicant or a formal accusation if you are a current licensee by instigating a formal proceeding process per the California Administrative Procedures Act.

Once the proceedings are over, the Chiropractic Initiative Act permits the BCE to take action against a licensee per the proceeding's outcome and Administrative Law Judge (ALJ) recommendations. An ALJ is a judge who presides over administrative hearings. Consequently, the BCE can impose a wide range of penalties.

It may deny you a license if you are an applicant or discipline you if you are a license holder by imposing a probationary period, suspending your license, and, in the most severe cases, revoking the license. The board must consider various factors when determining the disciplinary action to impose against you. These include:

  • Any prior disciplinary action imposed against you, including the extent of adherence to disciplinary orders

  • Any prior warnings

  • Actual or potential harm to the general public or an individual consumer

  • The variety or number of current violations

  • The severity and nature of that violation or violations

  • Mitigating evidence

  • Rehabilitation evidence

  • If your conduct entailed a criminal conviction, your adherence to the criminal sentence

  • Your criminal record

  • The period within which the unprofessional conduct took place

  • Whether the unprofessional conduct was negligent or intentional, or if it showed incompetence,

  • If you are being held accountable for misconduct committed by someone else, whether you knew about it or consciously participated in it,

  • Any financial advantage you had derived from the misconduct

A compelling argument on any of the above factors can significantly affect how the BCE disciplines you. For example, submitting solid mitigating evidence may convince the BCE to impose a probationary sentence, allowing you to continue working under particular conditions instead of suspending your license.

Even if the board has imposed penalties that jeopardize your livelihood, for example, license revocation or suspension, and you believe the consequence is overly punitive or unfair, you can contest the decision by bringing a Writ of Mandamus or petition for reconsideration. Alternatively, you may appeal to the California Superior Court, which has jurisdiction over your case, to review the hearing. In its review, the superior court only looks at whether the hearing process by the ALJ was just— it does not conduct an independent hearing or review of the matter.

If the board has revoked or suspended your license and the superior court has upheld the decision after your appeal, you may bring a reinstatement or modification petition two years from the date the revocation was effected. You want to involve an experienced professional license defense lawyer in every scenario.

If you have been notified about a complaint being filed against you, you have limited time to demand a hearing with an ALJ. The judge reviews evidence and hears testimony by both you, with or without attorney representation, and an attorney from the Office of the Attorney General. Once the hearing ends, the judge will issue recommendations that the BCE may opt to follow, although it is not obligated to do so.

Contact a Competent License Defense Attorney Near Me

If you face chiropractic disciplinary action for professional misconduct, you want to contact a lawyer as soon as possible for help. A lawyer can help you protect your license and livelihood in various ways during the disciplinary process. Even if the BCE has decided to revoke or suspend your license, a lawyer can help you petition to modify the board's action or step to seek license reinstatement. However, the sooner you involve a license defense lawyer, the higher your chance of obtaining a favorable outcome.

At Kern County License Attorney, we have experienced lawyers who know how to minimize the consequences the BCE imposes on chiropractors. We are also experts in licensure requirements and administrative hearings. If you face disciplinary action, it can only mean your career is on the line. Call us at 805-702-8560 before it is too late to schedule a consultation and discuss the specific facts of your case.