In addition to dedicating much of your time to completing your education and training, you must acquire a license from the California Board of Chiropractic Examiners (CBCE) to offer your services lawfully. It is undoubtedly not an easy process to become a licensed chiropractor, as you also have to invest your money.
Despite all these ups and downs, it could only take you a single misstep or error to find yourself on the receiving end of a charging document or an allegation from your licensing board seeking to suspend or revoke your license. Like acupuncture, chiropractic is an alternative medicine for most people, and this practice is strictly regulated to protect the public’s health and safety.
Whether the allegation involves minor mistakes, like failure to keep your patients’ records, or grave violations involving an injury to a patient, our attorneys at Riverside License Attorney can help you fight for a favorable outcome.
Understanding Chiropractic Care and What Licensed Chiropractors Do
Chiropractic care is not new in the medical field, but it has only recently gained tremendous popularity. For many years, people have been seeking alternative treatments to reduce reliance on contemporary treatments, including medicines, which is one reason chiropractic has become very popular.
The fact that you can treat your patients with just your hands and improve their health means chiropractic care is definitely a safer option than modern treatments. To effectively treat your patient, you must review his/her medical records and, if possible, perform diagnostic procedures, including MRI and X-ray.
Below are the common roles of a modern chiropractor
- Advising your patients on proper nutrition, physical activities, and stress management techniques
- Performing physical therapies and musculoskeletal adjustments on patients
- Educating your patients on how to prevent musculoskeletal conditions
It is upon you as a chiropractor to know when your patients’ medical conditions require him/her to seek contemporary treatment options. you should advise him/her accordingly. When you fail to do so, you could face allegations of negligence, and they could negatively affect the status of your practice license.
As a licensed chiropractor, you ought to know your responsibilities and the standards the CBCE expects you to meet in your practice to ensure your patients are satisfied.
A Look at The CBCE’s Responsibilities
One fact many chiropractors do not know is that the CBCE exists for the public’s best interests, not for chiropractors. That is why the board will never hesitate to look into any alleged case against a licensed chiropractor. CBCE is a government agency that regulates and oversees the chiropractic profession. It does that by ensuring only qualified applicants receive a license to offer chiropractic services.
In addition to issuing licenses to qualifying applicants, the CBCE is responsible for ensuring licensed chiropractors comply with the set regulations and code of standards. When the board receives a complaint against you, it will investigate to determine the credibility of the allegations. During the investigation, the board’s investigators could assess your records and interview eyewitnesses if necessary.
If the board has launched an investigation against you and your practice, you will often receive a notice about it, and you must file your response to it within fifteen days. The board has the right to take any disciplinary action against you when you fail to file your response to the allegation within the required time.
Having an experienced attorney on your side can make a significant difference during these challenging times. Your attorney can interview eyewitnesses and gather adequate evidence to include in your response to the allegation.
Depending on the facts of your case, the board could also consider the complaints against you “unsubstantiated” and dismiss them by issuing you a warning. However, if there is substantial evidence against you, the board will file a formal accusation against you. In that case, a hearing before an administrative law judge (ALJ) could be necessary to determine whether the allegations are true.
Your attorney’s assistance during the administrative hearing is paramount. You will rely on him/her to provide convincing evidence to show the ALJ you deserve a lighter disciplinary action or dismissal of the case.
Most Common Types of Violations That Many Licensed Chiropractors Face
Generally speaking, the CBCE will categorize all allegations or complaints it receives against a licensed chiropractor based on their seriousness. Depending on the facts of your unique case, your case could fall under any of the following four categories:
Category 1
The board will classify all minor allegations under category 1. Examples of these violations include (but are not limited to) the following:
- Failing to provide your patients’ treatment records
- Failing to report to your licensing board a change of address
- Failing to post your practice license correctly
Most violations or allegations under this category do not carry harsh disciplinary action. The minimum sentence you should expect for any violation under this category includes license probation for up to two years.
Category 2
Violations under Category 2 are more serious than those in Category 1. Common prevalent violations under this statute include those that show disregard for the health and safety of the public and those involving a breach of the set code of standards, such as:
- Breaching your patients’ confidentiality
- Making false advertisement
- Failing to show up when the board requests an administrative inquiry
While the maximum disciplinary action for most violations under Categories 1 and 2 is a revocation of your chiropractic license, you could face lighter disciplinary actions such as:
- License suspension
- License probation for not more than three years
Category 3
Violations under Category 3 are more serious than those mentioned in the previous paragraph. Examples of violations under this category include (but are not limited to) the following:
- Offering your services without a license
- Hiring unqualified staff to work under your license
- Alcohol and controlled substances abuse
- Offering excessive treatment
- Offering services that are way beyond your skills and expertise
- Failing to refer your patients to a medical practitioner when necessary
- Sexual abuse of a patient
- Gross negligence
Category 4
Category 4 violations include all grave crimes not mentioned in the previous paragraph. Most violations in this category could result in the revocation of your chiropractic license or even jail time. Violations in Category 4 are identical to those in Category 3, though the latter includes the most common types of grave violations.
For example, your case will fall under Category 4 if the complaints filed against you involve gross misconduct.
Regardless of the seriousness of the allegation filed against you, consulting with an attorney is key if you have received an inquiry from the CBCE. A seasoned attorney can mean the difference between a dismissal of your case and the maximum or minimum disciplinary action. Ensure you consult with your attorney as soon as possible to begin preparing defenses to challenge the alleged violation.
Common Crimes That Could Compromise Your Chiropractic License
Criminal violations could also put your chiropractic license at risk of suspension or revocation by your licensing board. Examples of crimes you should strive to avoid as a chiropractor include the following:
- Fraud — Committing a fraud activity, including billing for services you have not rendered or overbilling, undermines your trust and can result in severe disciplinary action
- Assault or Abuse — Physical or verbal abuse tarnishes your reputation as a chiropractor and raises questions about your professionalism. Offense involving physical abuse will often result in harsh disciplinary action, including revocation or suspension of your license
- Drug-related crimes — Drug offenses, including possession or abuse of controlled substances, raise concerns about your ability to offer safe chiropractic services and could result in the suspension of your license
- Theft — A theft offense, including stealing from patients or your employer, is a serious breach of the board’s ethical standards and will likely result in the loss of your chiropractic license
- Sexual abuse — Sexual misconduct not only violates legal standards but also damages the integrity of the chiropractic profession, risking immediate revocation of your practice license
While not all criminal violations can compromise your chiropractic license, those that are substantially related to your duties and qualifications may attract negative consequences. Ensure you consult with a credible attorney as soon as possible if you are under investigation or arrest for any alleged crime for the appropriate cause of action.
Your attorney can investigate your case and find evidence to help build strong defense arguments to challenge the alleged violation and secure the best possible outcome.
Why You Need a Skilled Attorney When Facing a CBCE Complaint
If you are a licensed chiropractor and have received a CBCE complaint or allegation, you are essentially on your own. The board will likely rule in favor of the alleged patient or complainant and will not hesitate to take disciplinary action against you unless you win the case. That is where the services of an attorney become paramount. Below is why you need a skilled license defense attorney after receiving a CBCE complaint:
- He/she Will Be Your Legal Advisor
Disciplinary cases are confusing, and anything you do or say during the investigation process could negatively affect the outcome of your case. Your attorney understands that and will ensure you are aware of what to expect during the investigation process and how to respond to the board’s investigative questions.
- He/she Will Investigate the Alleged Violation
When you hire an attorney, you can sit back as he/she investigates the case to find the weaknesses in the board’s charges against you. A skilled attorney will leave no stone unturned when investigating and preparing legal defenses to challenge the alleged violation. If necessary, your attorney can even call eyewitnesses to receive their accounts or testimonies on the alleged incident.
After investigating your case, your attorney can also help you file a notice of defense for the alleged violation before the deadline. Doing that is important because it will affect how the board will handle your case afterward. In many cases, the board will issue a default disciplinary action of its choice, depending on the seriousness of your case, without needing your participation.
- He/she Will Be Your Legal Voice During the Board’s Disciplinary Process
Retaining the services of a skilled attorney soon after noticing that someone intends to file a complaint against you, or after receiving the board’s complaint, is paramount. Once you hire an attorney, he/she can answer the board’s questions about the alleged violation on your behalf. That means you do not have to worry about giving out information that could negatively impact your case’s outcome.
If your case necessitates an administrative proceeding before an ALJ (administrative law judge), your attorney can be your legal voice and present defense arguments to help you secure a favorable result.
When the evidence the board has against you is overwhelming, meaning there are chances of facing a harsh disciplinary action, your attorney can prepare mitigating arguments to help secure a lighter disciplinary action. Common mitigating arguments that could work in your favor include (but are not limited to) the following:
- You are a first offender, and you do not have a past disciplinary action
- You are remorseful for the act or behavior
- You cooperated with the board’s investigation officers
- You are now a rehabilitated and law-abiding citizen
- Your violation did not cause any harm to the patient
- The violation or conduct was accidental
- The conviction occurred several years back, and you complied with your probation terms
- He/she Can Help Your File a License Reinstatement Petition
Unfortunately, at the end of the administrative process, suspension or revocation is also a possibility. If you lose your chiropractic license, all hope is not lost, and your attorney can help you prepare and file a reinstatement petition. If everything works in your favor, the board will reinstate your practice license, allowing you to continue offering your services and earn an income to meet your financial obligations.
Find a Reputable License Defense Attorney Near Me
Your unique skills and expertise as a licensed chiropractor come in handy when assisting someone in alleviating chronic pain and boosting his/her overall quality of life. Hence, you should never allow a CBCE complaint to put your hard-earned chiropractic license and career in jeopardy.
If you are in this situation, our reputable license defense attorneys at Riverside License Attorney can intervene and help you secure a favorable outcome. Call us at 951-410-8612 to schedule a consultation with us today.
