Chiropractors are professionals who have devoted themselves to understanding human anatomy. They diagnose, treat, and prevent conditions arising from musculoskeletal system-related issues. A person must complete several years of education, undergo rigorous training, and incur high costs before securing a chiropractic license. You must also sit for various exams before you are certified by the board and obtain a license. Sadly, a complaint of poor treatment, unprofessional conduct, or substance abuse can hurt your license and livelihood. A patient or any other person can file a false or exaggerated allegation against you. Even the most skilled chiropractors can make unintended errors. Consult a professional license defense attorney if you have committed a violation that puts your professional license at risk. The Santa Cruz License Attorney team is ever ready to employ its resources and time to protect your livelihood and license.
Overview Of Chiropractic Care
Chiropractors are professionals trained to diagnose and treat spinal alignment problems and to enhance the function of the nervous system. This practice has been around for decades, even in ancient times. However, the medical value of chiropractic care was only recently widely recognized. These professionals help alleviate chronic pain because they understand the connections among the muscular, skeletal, and nervous systems. They are trained to carefully make manual fixes and adjustments to return these systems to complete harmony.
Chiropractors also provide patients with necessary advice on stress management, nutrition, and exercise. They also have skills in using X-ray and MRI machines, diagnosing health conditions, and reviewing patients’ medical records. These professionals take a holistic strategy to curing conditions. However, you should also acknowledge your limitations and understand when to refer your client to a doctor or surgeon. A single mistake can put your license and livelihood in jeopardy, despite the invaluable services you provide and the costly and lengthy training you have undergone.
It is common for licensed chiropractors to be accused of negligence or incompetence in their services. They also face allegations of failing to refer their patients to doctors when doing so would have been the right course of action. Insurance fraud, substance abuse, and inappropriate record keeping are also common among licensed chiropractors.
The Obligations Of The Board Of Chiropractic Examiners (BCE)
The Board of Chiropractic Examiners is a state regulatory agency mandated to oversee the chiropractic profession in California. It works under the Department of Consumer Affairs and was enacted through the Chiropractic Initiative Act of 1922. This is a voter-approved statute that created the legal framework for chiropractic practice. The board’s primary mission is to license and regulate chiropractors’ practice and behavior.
The board consists of seven members appointed by the governor. Five licensed chiropractors and two members of the public representing the clients. The members serve for only four years, and the board is supported by the following:
- Administrative and enforcement staff handling compliance, licensing, and investigations
- An Executive Officer
The board is funded through regulatory and licensing fees, but not state funds. It serves as a policy-making and enforcement body with its powers derived from the Chiropractic Initiative Act. The board’s overarching goal is to protect patients from negligence, fraud, or unqualified practice. It also ensures that chiropractic services are safe, competent, and ethical. Other major duties of the board include:
Oversight Of The Profession
The board oversees chiropractic educational institutions and monitors thousands of licensed chiropractors.
Policy Development And Rulemaking
The board issues guidelines interpreting the scope of practice and implements the laws under the Chiropractic Initiative Act and California statutes. It also develops and enforces policies and regulations.
Consumer Protection
The BCE actively educates people on chiropractic care standards and their rights. It also provides resources for filing cases and protecting patients from unsafe practitioners.
Enforcement And Discipline
The primary duty of the BCE is enforcement, which includes addressing issues like unlicensed practice, negligence, and fraud. It also imposes disciplinary measures such as fines, revocation, and suspension, and investigates public allegations. The board’s enforcement unit handles serious cases like criminal misconduct or threats to public safety. Additionally, it reviews allegations and carries out investigations.
Continuing Education Oversight
The BCE requires chiropractors to do the following to maintain competence:
- Stay updated with new technologies in chiropractic science and legal standards
- Complete continuing education regularly
The above requirements guarantee patient safety and quality care.
Regulation Of Professional Standards
The board establishes ethical and legal guidelines for practitioners and defines the scope of chiropractic care. It also sets standards of practice. This ensures professionalism and uniformity across the field.
Licensing And Certification
The main duties of the board are to administer or oversee licensing examinations and assess applicants’ education and competence. It also issues licenses to eligible chiropractors.
The Complaint Process
The process of investigating your actions and deciding on disciplinary measures will begin once a complaint is filed with the board. A case can be filed by a public agency, another chiropractor, a professional organization, a patient, or a patient’s loved one. The disciplinary process will start if there is substantial evidence that you have committed a crime. This process often follows the following steps:
Determine Jurisdiction To Hear The Accusation
The board will determine whether the formal complaint received falls within its jurisdiction before the case begins. It will conduct a cursory evaluation after confirming that the case falls within its jurisdiction. The evaluation will help the board determine if the allegations are based on an unsupported claim. Your case will be dropped if it is based on unsupported claims. A more thorough analysis will be conducted if the allegations pass the cursory assessment.
Investigating The Allegations
The board will notify you that a formal complaint has been filed against you and that you are being investigated. It will carry out a preliminary investigation into the case. This will help the board establish whether the allegations made against you are factually false. It will also help them determine if there is enough evidence to support the claims. Sometimes, an inquiry can reveal that the allegations are true but do not meet the threshold to warrant pursuing the review. At this point, the board has the discretion to close the file on merit.
Gathering Information By The Investigators
During the preliminary investigation, the investigators will visit you to obtain some information. You should avoid giving information willingly if you are being investigated because the information you give can be used against you. The information you give can help the regulatory body to seek formal action against you. However, your license defense attorney can help you settle the case without facing punishment. An attorney can also provide necessary assistance to help you manage the board’s investigation.
The board can also choose to resolve the case internally if the allegations are true and it continues to examine the complaints. On the other hand, the board can issue you a letter of reprimand, citation, fine, or other suitable punishment if you are guilty of the crime. You need an attorney at this stage who can negotiate an administrative penalty that the board will not publicly announce to patients or clients. This can help protect your reputation.
The Case Being Forwarded To The Attorney General
The board can refer your case to the Office of the Attorney General if it determines that further review is warranted. This can trigger a suspension or revocation of your professional license. The Attorney General will then schedule a hearing, often presided over by an Administrative Law Judge (ALJ) from the Office of Administrative Hearings. The hearing is always the same as a formal trial.
Presenting The Evidence And Information
The board must submit clear and convincing evidence through the office of the attorney general as the accusing party. Your attorney and the board are allowed to engage in the inquiry process before the hearing starts. This allows them to share witness records and details. Both parties are also allowed to present evidence supporting their arguments during the hearing. The judge will assess the facts from your attorney and the office of the prosecutor and listen to the testimony during the hearing.
You are required to present evidence both with and without the help of your attorney. However, you should seek the services of a skilled attorney to fight your charges so that you can achieve the best possible outcome.
Issuing Of The Recommendation
The judge will have 30 days to make a recommendation after the hearing. It is referred to as a ‘’recommendation’’ because it is not binding on the board. The board can choose to downplay this recommendation and make an independent decision. On the other hand, the board can adopt the judge’s recommendations in whole or in part.
The Factors The ALJ Will Take Into Account When Issuing A Recommendation
The judge will take into account the following factors when issuing recommendations:
- Whether your offense was intentional or unintentional
- The degree of incompetence or negligence displayed by your conduct
- Whether you benefited financially from your behavior
- The severity and type of offense
- Whether you have a record of disciplinary action or penalties on your professional record
- If a felony conviction happened years ago, and you complied with all probationary terms
- Whether you are currently handling one or more allegations
- If your patients or the public suffer actual harm
- Evidence that you have completed rehabilitation, and
- The nature of the harm that resulted from your actions
The law allows you to appeal the board’s decision if you find the disciplinary measures overly severe or unfair, or if you simply object to them. Appealing involves asking the appellate court to examine the board’s decision.
The appellate court’s review often seeks to determine whether the entire process was carried out properly and without error. It does not allow for the introduction of new evidence, nor lead to an independent appraisal of the evidence provided. Your case will also not undergo retrial. You can apply for reinstatement or amendment after some time if your license has been revoked or suspended.
Actions That Involve Professional Misconduct For Chiropractors
Certain acts are considered a violation for chiropractors in California. The following acts amount to professional misconduct and can trigger disciplinary measures by the board:
- Actively engaging in theft
- Practicing while physically impaired
- Using spinal manipulation rather than vaccines
- Payment schemes that constitute kickbacks
- Convictions of misdemeanor or felony crimes substantially associated with chiropractic functions or duties.
- Taking referral fees and rebates
- Making illegal disclosures of patient information
- Willfully providing false statements
- Excessive therapy
- False, improper, or poor record keeping
- Inappropriate client interactions and sexual harassment
- Misleading, deceptive, or fraudulent advertising
- Practicing with a license
- Insurance fraud or healthcare billing, such as incorrect charging and overbilling
- Failure to monitor your assistants and workers appropriately
- Drug or alcohol abuse, including driving under the influence
- Creating or signing fake documents
- Failure to refer a patient to another healthcare provider
- Incompetence, gross negligence, or fraudulent conduct
- Offering chiropractic services without a valid license
Classifications Of Offenses And Punishments
The board often takes into account the following classes of professional misconduct to impose the right punishment:
Category One Crimes
Category one constitutes minor but dangerous crimes and repeated minor infractions. This includes:
- Operating without a valid license, and
- Failing to inform the board about company address changes
This offense can result in the revocation of your license and a probationary period of up to 2 years.
Category Two Crimes
Category two involves offenses that result in serious disrespect for chiropractic ethics, principles, or public safety precautions. This includes infractions like:
- False advertising
- Illegal release of patient data, and
- Failing to show up in an administrative hearing
This offense can result in the revocation of your license and a probationary period of up to 3 years.
Find A Skilled License Attorney Near Me
Chiropractors dedicate their lives to providing quality care for their patients. Despite the important role you play as a chiropractor, even minor allegations against you can put your professional license at risk. If you are facing any accusations against your chiropractor’s license, you should contact an experienced attorney as soon as possible.
At Santa Cruz License Attorney, we have a team of attorneys committed to fighting for the rights of chiropractors whose licenses are at risk. We have a deep understanding of the chiropractic profession, including how the board operates. Our attorneys defend chiropractors against a wide range of claims, including malpractice, negligence, and violations of licensing regulations. For dependable defense and legal representation, contact us today. Call us at 831-770-6474 to speak to one of our attorneys.
