As an acupuncturist, you are dedicated to the healing and well-being of people seeking alternative treatment. Your license is a pillar for your acupuncture career and the trust your patients have in you. However, if legal issues ensue in your career, they could jeopardize your licensure and livelihood. The California Acupuncture Board could subject you to a disciplinary process that could result in having your license revoked, suspended, or placed on probation.

If you have issues with your acupuncture license, you should not face the California Acupuncture Board without a reputable license attorney. At San Francisco License Attorney, we have a team of license defense lawyers with many years of experience helping acupuncturists fight for their rights and expose false allegations that could have otherwise affected their careers.

The Work of an Acupuncturist

An acupuncturist is a healthcare professional trained in the ancient Chinese medicine called acupuncture. As an acupuncturist, you combine ancient knowledge with modern techniques to help people by inserting ultra-thin needles into specific points on the body. The needles are twisted after insertion to stimulate and balance the flow of energy, or Qi, at these points, called acupuncture points or acupoints. This stimulation alleviates pain, manages stress, and promotes overall wellness.

As an acupuncturist in California, you must complete your training to obtain your license, issued by the California Acupuncture Board (CAB). This includes extensive coursework in Traditional Chinese Medicine, acupuncture techniques, and clinical practice. Your role also involves diagnosing health issues, developing personalized treatment plans, providing dietary counseling, and educating patients about their health, thus promoting holistic wellness for your patients. You also educate your patients on the pros and cons of techniques so they can make an informed choice.

You can work in private practices, hospitals, or wellness centers. You often combine your treatments with other therapies, such as physical therapy, chiropractic care, and conventional medicine. You can also work together with other health practitioners to give your patients holistic treatment.

Roles of The California Acupuncture Board

The California Acupuncture Board (CAB) aims to promote the welfare and safety of patients through proper regulation of acupuncture practice. The board’s purpose is to ensure that you are professionally qualified and have received proper education to qualify as a provider of traditional Chinese medicine.

When you apply for your acupuncture license, the board reviews your application to ensure you meet the necessary qualifications. This includes verifying your educational background, clinical training, and performance on the required exams. If you fail to meet the requirements or fail the exams, the board may reject your application and notify you of the issues.

Other responsibilities of the licensing board, include:

  • Administering acupuncture licensing exams

  • Reviewing and approving acupuncture license applications

  • Licensing individuals who passed the licensing exams

  • Developing rules that you must follow as a licensed acupuncturist

  • Handling investigations, conduct, and complaints against you

  • Taking disciplinary actions against you if you are found guilty of violating regulations

  • Renewing your existing acupuncture license

  • Enforcing acts by the Acupuncture Licensing Act

  • Monitoring your conduct as an acupuncturist

The board receives complaints from your patients, colleagues, or prosecution. When a complaint is filed against you, you risk losing your license. The board notifies you of the investigation through mail or email. Thorough investigations involve gathering evidence by interviewing key witnesses. If the board gathers sufficient evidence, you face an administrative hearing or disciplinary process.

Complaints That The California Acupuncture Board Handles

Complaints against you could surface if you were negligent, unprofessional, or violated the standards of care as an acupuncturist. Some of the complaints include:

  1. Negligence Allegations

You are negligent when you fail to follow the expected acupuncture technique standards when treating a patient. Some examples include:

  • Inserting the needles wrongly

  • Abandoning your patient

  • Injecting patients with unsterilized needles

  • Violating California Health Code regulations

  • Preventing your patient from seeking conventional treatment

  1. Violating the Set Standard of Care

You violate the set standards of care when you:

  • Enter improper records in the registry

  • Fail to keep your patient’s medical records adequately

  • Give substantial treatment to your patients

  1. Unprofessional Conduct

You are guilty of unprofessional conduct when you engage in:

  • Substance abuse while on duty

  • Insurance fraud

  • Sexual misconduct

  • Illicit relationships with your patient

  • Fraudulent billing

You want to seek the services of an experienced acupuncture license attorney, as these complaints can tarnish your reputation and affect your career as an acupuncturist.

An Overview of Complaint Filing, Investigations, and Administrative Hearing

If you are under investigation by the California Acupuncture Board, understanding the step-by-step process might help you know what to expect. During this period, retaining an experienced professional license defense attorney can also help.

The following is the step-by-step process:

Filing A Complaint

The process begins when a complaint is filed against you. This can come from a patient, another practitioner, or even an agency. Once the complaint is received, the board will acknowledge it and then send you a notification of the complaint through text or email to make you aware that a complaint has been filed against you. Then, they will begin conducting an investigation.

Investigations by the Board

The board’s staff will gather information related to the complaint. This may include reviewing patient records, speaking with witnesses, and collecting any relevant documentation. Sometimes, a sting operation could be conducted to investigate cases in which simple drug abuse was being conducted or if you were involved in prostitution in your practice.

During this step, you could be asked to provide a written response to the allegations. However, you want to wait until your lawyer gives you the go-ahead. You also want to let your attorney speak to the investigators on your behalf, as you could say something that might incriminate you. Your lawyer will guide you so that you say only what favors you.

Your lawyer can also help you challenge the board’s decision to suspend your license while you are being investigated. Investigations can take months, and if your license is suspended, it could affect your career, as you will not be able to practice acupuncture for years while undergoing investigations.

The board could dismiss your case if there is insufficient evidence to warrant the revocation of your acupuncture license or if your lawyer has developed adequate resistance to the suspension. Your case could end here at the interview stage.

However, if there is sufficient evidence, the board could send your case to the Attorney General’s office, which will file a complaint against you formally.

Evaluation of Findings

After the investigation, the board will evaluate the findings. If they determine there is insufficient evidence to support the complaint against you, it may be dismissed. However, if there is substantial evidence, you could face disciplinary action.

Administrative Hearing

You will be scheduled for an administrative hearing once the attorney general files an accusation against you. This hearing will take place in the OAH (Office of Administrative Hearings), and the Administrative Law Judge (ALJ) will preside over it.

Your defense lawyer and the board will both present their arguments and evidence and call upon any key witnesses to give their testimonies. Your lawyer will then contest the board’s arguments and cross-examine their eyewitnesses so that they can establish inconsistencies, thereby weakening the board’s narrative.

If your lawyer compels the judge, you could have the charges against you dismissed, or the mitigating factors could see that you do not receive harsh disciplinary actions. If found guilty, however, the judge will recommend what disciplinary actions the board can take against you. These recommendations must be in agreement with the disciplinary guidelines set in California.

Some of the disciplinary actions that could be imposed against you by the board include the following:

  • Fine and Citation: Fines and citations are penalties for minor mistakes. These could be administrative errors, such as failing to renew your license on time or not displaying it correctly. The board will issue a citation detailing the violation and the fine amount. You want to address this penalty to avoid further issues.

  • Reprimand Letter: A letter of reprimand is a formal warning issued by the Board. It is given when there is a more severe but not yet critical issue with your practice. The letter will outline the specific concerns and could include how to take corrective action. It serves as a record of the Board’s dissatisfaction with your conduct and a warning to prevent future violations.

  • Revocation or Suspension: The board can suspend or revoke your license if you commit severe violations such as fraud, gross negligence, or criminal activity. A suspension means that you cannot practice acupuncture temporarily, while a revocation refers to the permanent loss of your license. Losing your license could have detrimental effects on your career. Therefore, you want to avoid such behaviors that could lead to suspension or revocation.

  • Probation and Stay of Revocation: In some cases, the Board may stay the revocation of your license, placing you on probation instead. Probation will allow you to continue your practice. However, you must adhere to strict conditions set. Some of the penalties during probation include undergoing additional training, attending counseling, or adhering to specific practice limitations. This disciplinary action allows you to demonstrate that you are committed to professional standards while remaining in the field.

Restrictions That The California Acupuncture Board Can Request From The Court

In certain cases, the California Acupuncture Board may request that the court impose specific restrictions on your practice. These restrictions are designed to protect the public while allowing you to continue working under closely monitored conditions. Some of the restrictions include the following:

  • Limiting your practice

  • A requirement that another licensed acupuncturist supervise you while you treat your patients

  • Mandatory training and education

  • Regular reporting to the board, detailing compliance with imposed restrictions

  • Regular drug and alcohol testing

Criminal Offenses That Can Affect Your Acupuncture Practice

As an acupuncturist, you want to stay on the right side of the law. Any criminal offense you engage in could affect your career and result in the suspension or revocation of your license. Some offenses that could lead to disciplinary action by the California Acupuncture Board include:

  • Engaging in fraudulent activities, such as billing for services not rendered or falsifying patient records, for example, false or fraudulent claims under California Penal Code 550.

  • Substance abuse, for example, alcohol or other controlled substances (per California Health and Safety Code 11350), while practicing acupuncture. If the CAB finds out that you are involved in substance abuse during acupuncture sessions, you could have your license suspended.

  • Criminal Convictions. If you are found guilty of offenses like theft (California PC 484) or assault (California PC 240) crimes, you could have your license revoked or suspended.

  • Unprofessional Conduct. Acts of unprofessional conduct, such as sexual misconduct, gross negligence, or violating patient confidentiality, could cause harm to your patient and ruin your reputation.

Petition for Your License Reinstatement or Penalty Reduction

Having your license revoked or suspended could have devastating effects on your career as an acupuncturist. Having a license means you can practice and earn your patients' trust. Therefore, you want to petition for your license to be reinstated so you can continue practicing.

Your lawyer could help you file this petition and have your license back. If you were also penalized for misconduct, you could petition for a penalty reduction, such as an early probation termination. This could help you concentrate more on your work.

Find an Acupuncture License Defense Attorney Near Me

Facing an investigation or disciplinary action against your acupuncture license could put your career at stake. You want to retain the services of an acupuncture license defense attorney to help you understand the California Acupuncture Board’s procedures and defend you if you are under investigation.

Your lawyer will take you through the process, from when you receive notice of the complaint filed against you to when you can petition for a license reinstatement if it has been suspended. At San Francisco License Attorney, we specialize in defending professionals like acupuncturists facing license issues. Our lawyers are ready to provide you with the guidance and representation you need to defend your licensure. Contact us today at 415-919-6594 for professional license defense services across the San Francisco area.