Podiatric medicine is a medical specialty that focuses on the diagnosis, prevention, and treatment of foot and lower leg conditions. Just as physicians do, podiatrists must work diligently and invest substantial time and money to obtain a license to practice. The license, issued by the California Board of Podiatric Medicine (CBPM), ensures that these healthcare professionals adhere to high standards, promoting public safety and fostering trust.
Unfortunately, a formal accusation or investigation by the CBPM could result in a suspension or termination of your permit, which would adversely impact your practice. Therefore, if you are a licensed podiatrist who faces an allegation, seeks permit reinstatement or renewal, or wants to understand your rights and roles, you must retain the services of a seasoned license defense attorney. At Riverside License Attorney, we have defended several podiatric medicine license holders and can help you safeguard your permit.
The Scope of Work of a Podiatrist
California Business and Professions Code (BPC) 2472 outlines the scope of work for podiatrists, including the specific procedures and treatments they are authorized to perform.
One of your primary specialties is to diagnose, treat, and prevent foot, ankle, and other lower leg conditions. Your roles range from performing routine foot care procedures to major surgeries. The common leg disorders you treat include:
- Heel pain
- Leg fractures
- Ingrown toenails
- Bunions
Modern podiatrists manage conditions such as diabetes and arthritis, which are very common nationwide. With obesity, old age, and other lifestyle conditions increasing in California, your services as a podiatrist are in high demand.
Your scope of work entails surgical and non-surgical procedures. You can administer treatments to reduce pain, correct deformities, treat wounds, and improve leg function. You do this using physical therapy, medication, and custom orthotics. Additionally, your work entails early identification and management of severe health conditions. For example, when you spot lower limb symptoms, they can guide you to diagnose systemic diseases early before advancement.
Your scope of work extends beyond the clinical or hospital setting. You are responsible for educating people on proper foot care, injury prevention, and the management of chronic foot conditions. You collaborate with other professionals, such as orthopedic surgeons and endocrinologists, to handle severe conditions. For instance, you will need to partner with an endocrinologist if your patient has severe diabetic foot disease.
Despite the critical role you play in podiatric medicine and the sacrifice it takes to acquire a practicing license, a formal accusation, even though exaggerated, a minor mistake, or a complaint can result in the loss of a license.
Fortunately, the CBPM cannot take disciplinary action against you without giving you the chance to share your side of the story and defend yourself. You can increase your chances of retaining the permit by partnering with a competent license defense attorney. An attorney will guide you through the investigations and administrative hearing and represent you for a favorable outcome. Even when disciplinary action is inevitable, the attorney will negotiate with the board or submit mitigating circumstances for a disciplinary measure that will not completely damage your career.
The CBPM Mission
The CBPM exists not to protect podiatrists but to protect patients and the general public who consume podiatric medical services. Because of the critical role these professionals play, the board holds podiatrists to the highest standards. By doing so, the board achieves its vision of ensuring safe services to the public and providing professional care for ankles, feet, and lower legs to Californians.
The board’s primary concern is ensuring that patients receive the best care from podiatrists and that these professionals uphold the highest standards throughout the practice. They achieve this by issuing permits only to qualified candidates, enforcing rules, and ensuring adherence to industry standards. Being a CBPM licensee attests to your qualifications and compliance with industry standards.
The board’s role does not end when you secure a permit. They conduct frequent audits and assessments to ensure integrity. The audits corroborate that you and your colleagues satisfy the ethical standards and relevant competencies of the specialization.
The board’s oversight responsibility extends to investigations and the imposition of disciplinary actions. All accusations against you are sent to the board, which, after substantiating the claims, conducts investigations to establish the validity of the allegations.
Additionally, the CBPM provides resources and policy guidelines to help you stay up to date on the latest developments and changes in podiatric medicine. Regular updates and continuing education programs keep you up to date with industry advancements, equip you with new skills, and provide knowledge of the latest treatment plans.
Despite the CBPM working hard to ensure that you have the best skills and knowledge and maintain the industry’s highest standard, when you face an allegation, they will not be on your side. Therefore, partnering with an attorney early in the case is advisable to protect your interests. The board can overlook crucial mitigating factors in the case and side with your accuser to appear fair in the eyes of the general public. Unfortunately, they do so at the expense of your livelihood and career. It is the reason you need a competent attorney on your side to protect your interests while the CBPM safeguards the interests of the public.
Allegations That Could Threaten Your Podiatric Permit
California BPC 2234 outlines several violations that could jeopardize your permit. These include:
Professional Misconduct
“Professional misconduct” encompasses a wide range of actions, including ineptitude, consistent negligent behavior, and gross negligence. This could happen if, for example, you give a wrong diagnosis or fail to use an established treatment procedure, which leads to allegations associated with your negligence. A patient or your colleagues can inform the board about your ineptitude, which includes complaints concerning your deficiency in the necessary clinical skills or your failure to be updated with the latest skills or treatment plans offered.
Unprofessional behavior includes actions below the standards of ethical podiatric practice, which include issues related to patient relationships.
Committing Fraud
The CBPM takes fraud claims seriously because such crimes undermine public confidence in podiatrists. You commit fraud in this field when you fraudulently obtain your license without attaining the stipulated qualifications, or you commit insurance fraud, including offering bills for services that you did not provide, double-billing, altering patients’ files, or other deceptive acts committed to receive undeserved insurance benefits. The penalty for the breach is harsh and goes beyond disciplinary action to criminal penalties if you are found guilty of fraud before the court.
Alcohol and Substance Abuse While on Duty
The abuse of substances or alcohol within a workplace poses a danger to patients and weakens public confidence in podiatrists. If you face these accusations and a finding is made after the board’s investigation, you risk a mandatory treatment/rehabilitation program or increased supervision for compliance.
Other complaints include:
- Having a criminal conviction
- Sexual abuse
- Practicing without a license
Handling Violation Accusations
The CBPM receives public complaints about podiatrists. The accusation is analyzed to determine its nature and severity. A pre-trial assessment of the case is conducted to identify if the allegation can be proven. The case is assigned to investigators, according to priority, to conduct a complete investigation if the board deems the accusation to be valid.
A full investigation involves the gathering of proof through cross-examination of the respondent, your patients, and any other parties with information to support or dismiss the allegations, including you. The investigators also review your patient records, treatment notes, and other records that may provide more insight into the allegations. A full investigation provides a proper perspective on the events surrounding the complaint and whether there was indeed a contravention of the board’s policies or professional conduct rules.
You should comply with the investigations, but it is essential to have an attorney assist and direct you on how to respond so as not to reveal self-incriminating statements. Your attorney will direct you on what to reveal when making the statement. Showing cooperation with the investigations shows that you take the charge seriously and are earnest about the integrity of the field, and this will significantly impact the board’s ruling after the inquiries are over.
The next step after investigations hinges on the evidence obtained. Therefore, the CBPM analyzes the evidence to determine the best course of action. If there is enough evidence to support the allegations, the board levels a formal accusation against you. You will receive a formal investigation notification, detailing the alleged charge and the steps you should take to defend yourself. You should hire an attorney experienced in defending podiatric medicine licensees to guide you on the next step. The attorney will evaluate the notice, the deadlines, and the procedures you should follow, and submit an answer to the notice within 15 days.
Filing an answer on time gives you a chance to defend yourself in the administrative proceeding. The attorney will then begin compiling evidence by reviewing your record, interviewing witnesses, and collecting your testimony. The evidence will be critical in building a solid defense against the CBPM.
The administrative proceedings resemble the standard court hearings, only that they are conducted in an administrative setting and presided over by an Administrative Law Judge (ALJ). Legal representatives from the opposing sides will present their evidence, arguments, and circumstances in aggravation and mitigation. The judge will then review the assertions, evidence, and testimonies to give a verdict.
The ALJ then makes a proposition or recommendation to the CBPM on the most appropriate action, including disciplinary action or dropping the case. The agency can adopt, modify, or reject the ALJ’s proposal. After the board’s decision, they will issue an order on the appropriate disciplinary measure if the accusations are true. The punishments you can face if found guilty include license suspension or revocation, citations and fines, probation, or a reprimand letter.
Timelines for Defending Your Accusations
The CBPM enforces strict deadlines for responding to formal complaints or accusations. Delaying filing an answer could deny you the chance to defend yourself, jeopardizing your license.
Typically, the timeline for responding to an initial complaint is 15 to 30 days. The time is sufficient to share your side of the story with the board. If you delay your response, the case will proceed without your input, resulting in a default disciplinary action.
If your licensing agency decides to proceed with a formal charge, you will receive a notice containing all information regarding the charge, your rights, deadlines, and procedures for submitting a response. You will have 15 to 30 days from the date you receive the notice to respond.
After submitting an answer, you will then receive an administrative hearing notice stating the date of your scheduled hearing. Your attorney should study the notice and submit any relevant pre-hearing motions and disclosures within the given timeframe.
You must adhere to set timeframes throughout the administrative hearing. Not meeting a deadline means not filing an answer. This denies you the chance to defend yourself or submit critical evidence that could strengthen your arguments.
Time frames are also crucial even after your licensing agency imposes an unfavorable verdict. You can appeal the board’s decision if you feel it was unsatisfactory or if there were procedural errors. However, the deadline for an appeal is usually 30 days after the board’s verdict. If you miss this deadline, you relinquish the right to appeal an unfavorable decision.
The most effective way to ensure compliance with the set deadlines, whether for filing a response or an appeal, is to partner with a seasoned license defense attorney. A legal representative understands these timelines and will use them to take the action needed to safeguard your license. With the legal guidance of a profound attorney, missing deadlines will not be among your worries.
Find a Reputable License Defense Law Firm Near Me
The CBPM’s mission is to safeguard public safety and trust in the podiatric medicine profession by holding podiatrists to the highest standard of care. The board ensures podiatrists adhere to the set standards by issuing licenses and enforcing regulations. So, when it receives a claim that you have engaged in a violation or misconduct, you risk losing your license to revocation or suspension, or having your permit application or renewal denied.
At Riverside License Attorney, we can advocate for you and protect your permit during an investigation, application denial, or when seeking reinstatement. Contact us at 951-410-8612 for guidance through the license defense process.
