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Podiatrist

You will be required to undergo intense training to qualify to become a podiatrist. This training allows you to handle foot and ankle illnesses. Podiatric practice requires you to invest time and money to secure a license, just as studying to become a physician does. You cannot practice or advance your career without this license. Sometimes, you can find yourself being accused of various misconduct that can threaten your license.

The Board of Podiatric Medicine can withdraw your license if you are involved in professional misconduct. If this happens, your reputation will not only be destroyed, but your source of income will be affected as well. Fighting misconduct claims can be hard and challenging; thus, you should seek the services of an experienced license attorney when facing any allegations. An attorney can help you fight the allegations and avoid wrongful suspension of your license. At the San Francisco License Attorney, we have an experienced legal team that can help you fight all accusations against you.

The Duties Of Podiatrists

Podiatrists are medical professionals who handle issues affecting the lower legs and feet. They undergo training and certification to provide these services. These experts are licensed and regulated by the California Board of Podiatric Medicine. You will be allowed to provide the following services after receiving the required training and licensing:

Correct walking patterns and balance for patients
Offer individualized consultations to patients
Develop innovative treatment strategies for various conditions
Provide corrective procedures like taping, casting, and orthotics to rectify foot deformities, and
Diagnosis of foot ailments, including tumors, ulcers, and fractures

The following are some of the conditions handled by podiatrists:

Arthritis

People aged 50 or older are often affected by arthritis, which results from joint wear and tear. You can provide physical therapy, surgery, and other treatment options for this condition.

Diabetic Foot

Diabetes can damage the nerves of the legs, making it hard for a patient to notice small wounds on the legs. These wounds can become worse and create a need for an amputation. Podiatrists often diagnose and treat diabetic feet to prevent amputation.

Nail Disorders

Nail infections or ingrown toenails can cause discomfort and severe pain for a patient. You can help relieve these symptoms by designing an appropriate treatment plan based on the severity of the condition.

Sprains And Fractures

The work of a podiatrist in sports medicine is treating foot and ankle injuries commonly experienced by athletes.

Ethical Standards of the Board of Podiatric Medicine

A code of ethics is a collection of guiding principles you are expected to adhere to in your conduct. The board will issue you a license to offer your services upon completing the required studies and examinations. Securing a license is the last hurdle you need to clear to start your career. However, the board has a set of rules and ethics that you must comply with to ensure you provide safe and reliable patient care.

The following are the common principles of ethical conduct you must follow:

Sensitivity To Diversity

Podiatrists are expected to respect and value the differences among patients and families who seek their care.

Effective Communication

You must provide the necessary information to the patients to help them make informed medical decisions.

Consent

Except in emergencies, you must obtain the patients’ permission before assessing them or performing procedures.

Dignity

As a licensed podiatrist, you are expected to uphold honor and dignity in your professional actions.

Accountability

You must assume ownership of your behaviors and actions if you are a member of the California Board of Podiatric Medicine.

Confidentiality

You are expected to respect the confidentiality of your patients and other medical practitioners. The board requires you to keep a patient’s personal information confidential.

Possible Accusations You Can Face As A Podiatrist

If you face the following allegations, you risk facing disciplinary measures against your professional license:

Alleged mental incapacitation
Inflicting reckless injury on the patient
Drug addiction or abuse
Criminal convictions
Gross negligence or professional incompetence
Failure to observe confidentiality as required by the code of ethics
Failure to allow patients proper access to their medical records
Fraud or insurance misrepresentation, and
Unprofessional behaviors and misleading advertisement

Importance Of Keeping Records

The board requires all podiatrists to maintain adequate records of their patients and the prescriptions they issue. Proper record keeping is taught well during podiatric training. Lack of proper records can attract disciplinary measures. Ensure you have proper records of the prescriptions given to patients because some pain drugs can be misused.

Properly kept records are also important in case you face disciplinary measures. For any accusations leveled against you, you can fight by providing evidence that can only be found in your records. A patient can accuse you of medical malpractice. You risk losing your license if you do not have sufficient records showing:

The time your patient first came to see you
The symptoms
Tests, and
Prognosis

Additionally, a patient can visit a different health facility and be led to believe that he/she was treated for the wrong disease or given the wrong medication. Your well-kept records will be important in showing that you are being falsely accused and could save your practice and license.

Unlicensed Assistants

The board does not allow any person to practice podiatric medicine without a license. An assistant must also secure a license and pass specific exams to qualify. Some licensed professionals often hire unlicensed assistants to save money. This violates podiatric medical regulations. The board considers this to be a threat to patients’ lives.

You should carry out a background check before hiring an assistant. This ensures that you hire a well-trained professional with a valid license. You will put your practice at risk, even for a small mistake of overlooking the qualifications of your assistants.

Fighting For Your Professional License

Most disciplinary hearings start when an offense is reported to the board. An insurance agent, a co-worker, or a patient can make the report. Additionally, the police can bring an allegation against you by informing the board of your criminal conviction. The disciplinary hearing will undergo the following stages:

Investigation

The board will investigate the said violation after receiving a complaint against you. The inquiry will involve informing you of the allegations and ordering you to respond to them. This helps establish if the accusations can be substantiated.

Consent Order

The board cannot schedule a hearing if there is not enough evidence against you. Instead, you will be given a chance to plead guilty to the offense and negotiate a favorable punishment. This can resolve your case quickly and allow you to negotiate the course of action. Unfortunately, it will not be beneficial if the accusations are of a serious crime.

Formal Hearing

This occurs if your case is not concluded after the consent hearing, whereby the board will schedule a formal hearing. You could present your defense during the hearing. The hearing will take place before an administrative law judge or before the board. Your license attorney should prepare a solid defense and attend this hearing.

The Decision Of The Board

The board will determine after the hearing if the case will be dropped or if you will face punishment. A board hearing significantly differs from a formal proceeding. The board must provide sufficient evidence that you committed the crime.

Possible Punishment You Can Face

You can face various disciplinary measures once the board establishes that you engaged in the violations reported against you. The following are some of the factors that can impact the type and severity of the penalties you will face:

The Strength Of Your Defense

The board will investigate the claim once it reaches them. This will help the board determine if the claims can be substantiated. The law allows your attorney to develop a solid defense and present it to the board. The strength of your defense will determine the type of punishment you face.

Whether A Criminal Case Has Been Filed Against You

Sometimes the board imposes penalties for violating the law. Some of the violations that can trigger disciplinary measures include driving under the influence of alcohol or drugs and other violations that attract criminal charges. Whether a case has been filed against you for the alleged behavior will help determine the penalties you face.

Prior Accusations On Your Record

The type of punishment you face will depend on whether or not there are other professional offenses on your record. Your license could be revoked or suspended if you have committed multiple offenses.

Whether or Not The Patient Suffered Injuries

The severity of crimes varies. This includes performing wrong procedures, negligence, and failure to provide the required care. You can face severe penalties if your crime involves injury to a patient.

The following are some of the penalties you could face:

License Revocation

A license revocation is the most severe punishment you can face from the board. A revocation is a permanent order that can result in you losing your practice rights in California. The process of reinstating your license after a revocation is long and complex. You should consult an experienced license attorney if your license is revoked.

License Suspension

License suspension is another standard punishment you can face. You will no longer be allowed to practice when you are on suspension. With a suspended license, you cannot find a new job or retain your current job. However, you have a right to seek a license reinstatement when the suspension period is over.

An Order To Enroll In An Ethics Class

There are set rules and ethical requirements that you must comply with when providing your services. Sometimes, the offense reported to the board can arise from failure to comply with ethical guidelines. The board can order you to enroll in an ethics class if your offense is not severe enough to warrant a suspension or revocation. Some of the principles of ethical conduct you will be taught in these classes include integrity, confidentiality, and accountability. The duration of these classes depends on the specific offense.

Probation

A popular outcome of a professional violation is probation. Serving probation will not cause you to lose your professional license. However, the board will impose conditions that you must comply with to enable you to continue providing your services. You will serve probation for a period that does not exceed three years, depending on the crime you committed or the outcome of the administrative hearing. Similarly, you will be restricted in where you work and the services you can offer.

The law permits you to petition the board to have your probation terms modified after serving at least one year of the expected period. Additionally, the law allows you to petition for an early termination of your probation after serving for a period of two years. If there is evidence that you have complied with probationary conditions, the board can agree to modify or terminate your probation.

Mandatory Assessment To Keep Your License

Committing a minor offense means you are not familiar with the required conduct as a podiatrist. In this situation, the board can order you to undergo an assessment. It will give you sufficient time to study and sit for an exam to keep your license and continue practicing. The board will impose severe penalties if you fail the examination.

Reinstating Your License

You will not be allowed to automatically resume practicing even after the revocation or suspension period ends. You are required to petition the board to have your license reinstated. Your petition must present legal and factual grounds for reinstating your license.

The board will set a date for the reinstatement hearing once you file your petition. You bear the burden of proof during the hearing of demonstrating rehabilitation and compliance. At this point, you should hire a competent license attorney to help you prove that you have complied with the suspension conditions and deserve reinstatement.

Find A San Francisco License Attorney Near Me

It takes years of training and seeking relevant professional experience to earn a podiatrist license. It would be detrimental to lose your license after putting in so much effort to acquire it. You should contact an attorney immediately after you learn about a pending board investigation. An attorney will assess the allegations against you and help you create a defense against your charges. For dependable legal representation, contact the San Francisco License Attorney. Call us at (415) 707-6383 to speak to one of our attorneys.

The Individuals We Represent

At San Francisco License Attorney, we represent the following groups of professionals:

Architect

Chiropractic

College Disciplinary and Title IX Proceedings

Contractor and General Contractor

Criminal Defense

Dentists, Dental Assistants & Dental Hygienists

Respiratory Care Practitioner

Vocational Nursing & Psychiatric Technicians

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Frequently Asked Questions

The common questions we are asked at San Francisco License Attorney include:

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

If you risk losing your professional license or the licensing board denies you a license, you should not give up. Our team at the San Francisco License Attorney has the knowledge and experience to handle your case, no matter how intricate. We understand every step of the license defense process, and you can count on our unwavering support. Our attorney helps a wide range of professionals to achieve the best possible outcomes for their license defense cases. For reliable legal representation, contact us at (415) 707-6383 to speak to our attorney.