Chiropractic

You need excellent educational qualifications and to pass all required examinations to qualify for a chiropractic license in California. You must also file an application with the Board of Chiropractic Examiners, providing all the necessary information to be considered for licensing. Even after completing this lengthy process, your license remains at risk. If you commit a crime or engage in professional misconduct, the board can suspend or revoke your license.

If you face disciplinary action by the board in San Francisco, we can help at San Francisco License Attorney. We can review your case to determine its seriousness and the best strategies for a reasonable outcome. The most important thing for us is to help defend your license and livelihood. We can convince the board to dismiss the allegations or to take the least severe disciplinary action against you.

Reasons to Defend Your Chiropractic License

Becoming a licensed chiropractor in California is not an easy process. In addition to going to college and graduating with excellent results from a board-approved college, you must do very well in your exams. There are different parts of exams issued by the Board of Chiropractic Examiners, including physiotherapy and law and professional practice examinations, which you must pass to be considered. The board also conducts background checks on potential candidates and licenses only those with a clean record. However, this does not exempt you from investigation and possible disciplinary action.

If you make a mistake or are accused of unprofessional conduct, and the complaint reaches the board, you risk losing your reputation and livelihood. The board takes such matters seriously and can cancel your license if your conduct is severe enough to put the public at risk of damage. Thus, you must continuously watch how you practice to protect your career and license. A minor disagreement with a colleague or client may result in administrative issues with the board.

Fortunately, you do not need to worry if you have proper license defense services. Engaging a lawyer improves your chances of winning any case the board raises against you. Then, you can continue serving your clients and earning a living from a career you have invested so much effort and money into. Here are some of the reasons you should take action if facing disciplinary action as a licensed chiropractor:

To Protect Your Livelihood

Chiropractors are highly sought after in the healthcare industry. This is because of their expertise in managing pain through non-medicinal practices. Your skills as a licensed chiropractor are critical to people suffering from various conditions. You can diagnose, recommend treatment, and develop a treatment strategy that addresses the underlying issues causing your clients’ symptoms. This is why people are willing to pay well for such services.

If your license is at risk of suspension or cancellation, you must defend it to defend your livelihood. If you have been working in the profession for years and do not have any other means of earning a living, fight the allegations against you to keep your job.

To Protect Your Reputation

Reputable healthcare professionals are highly sought-after. A positive reputation means that you are competent and trustworthy. An allegation of unprofessionalism, negligence, or criminal acts will likely destroy your reputation. This may cause your clients to reconsider working with you. It could also be challenging to find new patients after that.

Fighting any claim against you is crucial to protect your reputation. Then, you can continue discharging your services as before.

Thus, you should hire an attorney immediately after learning about a complaint against you. Whether the matter is minor or severe, allow a skilled lawyer to advise you on the best way to resolve it. They can negotiate with the board for an out-of-court settlement or present the best defense at an administrative hearing. A competent attorney will remain by your side and fight alongside you until you are satisfied with your case’s outcome.

Reasons the Board of Chiropractic Examiners Can Terminate Your License

The board’s responsibility is not just to issue licenses to qualified professionals but to protect public interests. Everything the board does, including screening license applicants to determine their suitability for licensing, is geared towards protecting the public. Thus, if you make a mistake that endangers public safety, the board can suspend or revoke your license. Here are some mistakes that could warrant such disciplinary action:

Committing Fraud

Fraud is a general term that refers to any intentional action that a person takes for selfish gain or to cause another person some form of loss. As a chiropractor, you can be accused of fraud if you misrepresent facts to gain a client, obtain a professional license, or gain an unfair advantage over another person. For example, if you dishonestly represent facts to a patient so they can sign up with you for treatment, you are guilty of fraud. Fraud also involves the use of scams, lies, and tricks for personal gain.

Most allegations against licensed chiropractors in California involve fraud. Some professionals commit fraud by billing insurance companies for unrendered or unnecessary treatment.

Sexual Misconduct

You can be accused of sexual misconduct for violating sexual boundaries with your colleagues, assistants, or patients.

Incompetence and Negligence

This may take different forms, including failing to diagnose conditions, negligently manipulating a patient’s body, or providing treatment below the acceptable standard.

Drugs and Alcohol Abuse

This can cause you problems with the board, especially if you abuse or are addicted to alcohol or drugs. Colleagues, patients, or your employer can report you if you use or abuse substances at work, and they impair your ability to offer safe and effective services.

Criminal Conviction

A criminal conviction, especially one that is substantially related to your functions, qualifications, or duties in the healthcare sector, can cause you problems with the board. In some cases, an undisclosed prior criminal conviction may ruin your career.

Record Keeping Violations

Your responsibility as a competent healthcare professional is to properly maintain patient records for at least five years. Failing to do so can lead to severe disciplinary action by the board.

Poor Supervision

If you have assistants working under you, you must properly supervise them and ensure they render safe and effective services. Additionally, your assistant must be qualified for the job. Hiring unlicensed assistants, or failing to adequately supervise your assistants is a severe allegation of your chiropractic code of conduct.

The Role of the Board of Chiropractic Examiners

The board’s role goes beyond licensing competent chiropractors. Although this is its well-known role, the board exists to protect the public. This means that every action it takes to ensure that qualified applicants are licensed to practice is all for the public benefit.

The board’s primary mandate is to protect the public from harm, whether physical, emotional, mental, or financial. To do that, it administers additional testing for chiropractors interested in licenses, just to be sure that they understand their responsibilities and the laws governing their profession.

When a person files a complaint against a licensed chiropractor, the board must investigate the complaint, hold a hearing, and take disciplinary action against the licensee. This discourages further violations, which promotes public safety, as they enjoy alternative treatment solutions.

The board is also involved in regulatory oversight, meaning that it establishes rules and enforces them to keep up with the developments in the healthcare industry. It offers continuous education to licensed chiropractors for them to maintain competency, all for public benefit.

If you violate any law or set code of conduct, and someone brings it to the board’s attention, the board can take disciplinary action against you. However, it first investigates the matter to determine its validity and gather sufficient evidence against you. Then, with the help of an administrative judge, the board reviews the matter to determine the appropriate disciplinary action. However, the board does not always investigate all the allegations it receives. It only pursues serious and substantiated allegations. If it decides to pursue your case, you will receive a notice of a pending investigation and an invitation to a formal hearing.

That notice should be your cue to plan your defense, or any other action that could protect your license and reputation. You can start by seeking the advice of a license defense attorney. In addition to advising you on what to do and not do, your defense attorney will develop a strategy that can influence the outcome of the case. Depending on the nature and severity of the allegation, your attorney can request that the board settle the matter without a formal hearing. This will save you time and result in a more reasonable resolution.

However, if the board has strong evidence against you, and the case goes to a hearing, your attorney must prepare well to defend you. They can gather evidence and prepare compelling statements in your favor. They can also present witness accounts or mitigating factors that could counter the board’s case. If any of these strategies work, the board can dismiss the allegation or take lenient disciplinary action against you. Examples of lenient disciplines the board can take include private reprimands, private citations, and reasonable fines.

What To Do If Facing Disciplinary Action by the Board of Chiropractic Examiners

If facing a formal allegation as a licensed chiropractor, what you do and how quickly you do it may determine the outcome of your case. Experts recommend talking to a license attorney immediately after learning about the complaint against you. You will know this once the board notifies you of the pending investigation and the scheduled hearing. Find a competent license attorney, especially one who handles similar cases as yours. They will offer the best advice and guide you through all administrative processes until you are happy with the results.

An attorney will advise you on the dos and don’ts that could further ruin your situation. For example, they will warn you against contacting your complainant and confronting them, or negotiating for a resolution. If this were an option, your attorney would handle it in the best manner possible. If it works and an out-of-court settlement is reached, you could save your license and reputation.

Start gathering evidence to counter the allegations and influence a more reasonable outcome. This includes any paperwork that could prove your innocence or communications between you and your accuser. You could also interview witnesses and present their testimonies during the hearing. Your defense attorney will ensure that you know the kind of evidence needed and help you gather and preserve it.

Also, review the allegations and prepare well for the hearing. Remember that the board’s primary interest is public safety. It will not take your side, regardless of your excellent record of performance since licensing. You must be prepared to fight for your livelihood and license. This starts by understanding the nature and severity of the allegations.

Do not be quick to accept the outcome, especially if it results in a loss, such as a damaged reputation or loss of clients. A damaged reputation will be difficult to repair, especially in an industry that relies on testimonials and referrals for professionals to gain clients. If an allegation or disciplinary action stains your reputation, fight it. If the outcome of your case is unfavorable, let your attorney appeal.

Find Competent License Defense Services Near Me

If your chiropractic license is at risk in San Francisco, a license attorney can help. You risk losing your license if your licensing board pursues a formal complaint against you. This may result in disciplinary action that can cost your license or reputation. Having an attorney is beneficial because they can advise and support you to fight the allegation to maintain your livelihood and reputation.

We work closely with our clients at San Francisco License Attorney to understand their worries and needs. Then we can develop a fighting strategy to help meet their needs. We can negotiate with the board for a reasonable outcome, or we can fight to have the allegation dismissed. Call us at (415) 707-6383 to discuss our services and your situation further.

star
star

I was facing serious charges that could have cost me my license. San Francisco License Attorney provided expert guidance and defense that ultimately saved my career.

Lily M.

star
star

The team at San Francisco License Attorney truly cares about their clients. They fought for me every step of the way and helped me retain my professional license.

James K.

star
star

Professional, reliable, and knowledgeable. San Francisco License Attorney handled my case with the utmost care, and I couldn’t be more satisfied with the outcome.

Tina R.

star
star

I can’t thank San Francisco License Attorney enough for their support. They took my case seriously, answered all my questions, and made sure I kept my license.

Eric B.

star
star

I was so stressed about losing my license, but San Francisco License Attorney’s team gave me hope and delivered outstanding results. Highly recommended!

Catherine D.

Most license discipline issues in California are determined through a formal hearing process according to the Administrative Procedure Act (APA). This law provides for basic due process through a hearing and written notices. This often happens if demanded by the person denied a license or the licensee before an administrative law judge. It usually takes place at the office of the Administrative Hearings. Some administrative issues are addressed informally through other procedures, like an informal citation or investigation.

Unlike other forms of trials, in a formal administrative disciplinary hearing, the bureau, board, or licensing agency makes the final ruling on the case. The department, bureau, board, or licensing agency can reverse the ruling of the administrative judge even if the judge finds in a licensee’s favor.

Most attorneys have licenses, but only a few have the competency to handle professional licensing administrative cases. An attorney must frequently attend the administrative hearings to be competent to handle licensing administrative cases. He/she must also have handled several professional licensing issues.

Professional licensing administrative cases can take many years from the initial incident to a final ruling. Only a competent attorney has the knowledge of the process. An attorney who does not attend administrative hearings or appeals of adverse rulings might not have the confidence, insight, or ability to deliver on a case.

There are provisions for license reinstatement. You can restore your revoked license upon showing rehabilitation. A defendant is required to wait for a period that does not exceed three years to file a petition for reinstatement. You will not have to requalify for the license. You only need to attend an administrative hearing or appear before a licensing board at a board meeting to ask for reinstatement. Other licensing agencies can ask you to reapply for the license.

The license applicant can request the agency to look into its ruling before the ruling becomes final. Reconsideration is often a chance to review the weakness in the administrative ruling. This allows new evidence and legal arguments to draw the licensing agency’s attention. It also gives an opportunity for objections before the administrative case ends. Sometimes, the agency can stay or delay the ruling for a short period to review the petition for reconsideration. The agency can request written or verbal arguments if reconsideration is granted. This can happen before a new ruling is issued, either changing or affirming the prior ruling.

Some license denials or formal punishments result in a stipulated settlement that can inform a plea bargain. The licensing agency will drop severe disciplinary action or outright denial of a license in a stipulated settlement. This can help achieve a faster resolution of the case. The license applicant is also allowed to waive their right to a hearing to avoid potentially more severe punishment or an outright license denial after the hearing. Stipulated settlements often result from negotiation between the defendant’s attorney and the agency’s attorney.

The terms of a stipulated settlement vary depending on the agency, department, bureau, or board. Certain cases can be settled for a reprimand, but many cases are settled for probation. Often, probation involves some suspended or stayed punishment and specific duties, like treatment, community service, or classes. You risk facing a previous suspension or stay of punishment if you commit a new violation during the probationary period.

A formal administrative hearing is more of a trial. It is presided over by a judge, a court reporter, and attorneys who present the cases. A highly trained attorney represents the state agency. He/she will handle licensing issues professionally throughout the whole process. The environment is usually less formal than the superior court because a jury is not allowed. The rules of evidence, which strictly apply in civil and criminal cases, are not as strict. The following will happen during an administrative hearing:

  • The evidence will be tabled.
  • The witnesses are cross-examined and asked questions
  • Making of closing factual and legal arguments

You will receive a flat fee or an hourly fee when you consult the San Francisco Licensing Attorney. We accept many forms of payment. This includes checks, cash, debit cards, and credit cards. We can bill your insurance company directly for your legal fees if you have license defense coverage on your errors and omissions insurance policy. Our company will do this if your carrier extends coverage to your licensing case. We will also ask your insurance company to reimburse you for your legal fees at the end of your case.

Most appeals of administrative rulings are made in the Superior Court. Also known as an appeal for writ of administrative mandamus, this process is extremely complicated. The Superior Court will demand written legal arguments and preparation of the administrative hearing record. The court will set a hearing after the written argument process. In most cases, the case will be sent back to the administrative agency with guidance from the Superior Court if the defendant wins the appeal.

Like in most criminal cases, a person denied a license or a licensee has a right to testify during the hearing, unless the Fifth Amendment rights are invoked. The licensing agency attorney will call you to serve as a witness if you fail to voluntarily testify on your own behalf. You should have a skilled license law attorney to prepare you for the hearing if you have an administrative hearing. Our San Francisco License Attorney team will take you through the questions during testimony. We will also protect you from improper or unfair questions from the prosecutor.

Find A Dependable License Defense Attorney Near Me