Acupuncturists are experts in Asian medicine and play a critical role in treating various conditions by stimulating a patient’s body to balance energy. You become an acupuncturist in California after undergoing the necessary training and passing the licensing examination, which the California Board of Acupuncture administers.

In addition to licensing, the acupuncture board works to ensure that the licensed professionals follow the required standards of care to ensure the safety of all patients. The board investigates misconduct and violations committed by licensed acupuncturists, which can result in disciplinary action against your license.

If you are facing an investigation from the acupuncture board in San Diego, CA, you will benefit from the legal insight we offer at San Diego License Attorneys. Our attorneys will protect your rights and guide you through your disciplinary case to ensure the best possible outcome.

The Role of Modern Acupuncturists

Acupuncturists assist patients in maintaining the energy balance in their bodies by addressing their physical symptoms and mental and emotional well-being. After completing the necessary education and training, the acupuncturist gains the knowledge and expertise to diagnose, assess, and treat patients using personalized plans to meet each patient's needs. The duties and roles of acupuncturists in providing holistic care include the following:

  • Patient diagnosis and assessment

Before performing the appropriate treatment, acupuncturists thoroughly assess the patient. This involves checking the patient's medical history and analyzing the symptoms they seek to address. Acupuncturists can identify energy imbalances in a person's body and accurately diagnose different conditions.

  • Treatment Planning

After a diagnosis, the acupuncturist develops a personalized treatment plan for the patient. The acupuncturist determines the correct acupuncture points needed to stimulate the energy balance. Depending on the nature of a patient's symptoms, the acupuncturist determines the appropriate treatment sessions to address the issues.

Acupuncturists can also recommend herbal remedies, lifestyle modifications, and other complementary treatments to support the body's healing process.

  • Treatment

An acupuncturist's core responsibility is to treat a patient's symptoms using acupuncture techniques. The professional skillfully inserts sterile needles into certain areas of the patient's body.

  • Patient counseling and Education

Acupuncturists educate patients on different health conditions and how acupuncture can help relieve their symptoms and improve their conditions. The professional will explain different treatment procedures and their outcomes. This helps ensure that the patient knows what to expect and is ready to handle the potential side effects of the treatment.

  • Monitoring and Evaluating the Treatments

After performing different acupuncture techniques, the acupuncturist monitors and evaluates the patient's progress by assessing their response to different techniques. Additionally, they track the changes in patient symptoms and adjust the treatment plans appropriately.

  • Record-Keeping

Acupuncturists must maintain comprehensive and accurate patient records by documenting treatment plans, symptom changes, progress notes, and other relevant data. Accurate record-keeping is critical to ensuring proper care and facilitating communication.

  • Infection Control

Like other forms of treatment, acupuncture has side effects, including potential infection at the site where the needles are inserted. Acupuncturists control infections by ensuring high standards of care for their patients. They follow the right sterilization procedures and maintain clean working environments.

The California Board of Acupuncture

The California Board of Acupuncture is a regulatory body under the Department of Consumer Affairs. It regulates the practice of traditional Chinese medicine by regulating acupuncturists and issuing licenses for professionals who have met the education and training requirements.

The highest priority of the acupuncture board is to protect the public from acupuncturist misconduct and negligence. In addition to licensing and issuing the code of conduct, the board receives complaints from patients or families of patients who have suffered at the hands of licensed professionals.

You must meet specific requirements before receiving your license to practice as an acupuncturist in California. They include:

  • Education. To practice acupuncture in California, you must have a degree in acupuncture and Chinese herbal medicine from an accredited school. This will involve undergoing a four-year education program.
  • Pass the licensing examination. After you pass the licensing examination, the Board of Acupuncture will issue you a professional license.
  • Continuing education. The board of acupuncture medicine professionals engages in continued education to ensure that the professionals stay updated with acupuncture practices. This could involve attending seminars, classes on traditional Chinese medicine, and workshops.
  • Clinical specialty. Choosing a specialty is not required to obtain an acupuncture license, but it could benefit professional development.

Violations Investigated by the California Board of Acupuncture

Holistic medicine in California has become a popular choice for managing and treating different health conditions. If you are a licensed acupuncturist practicing in California, you must follow the board's professional standards. Failure to do this could result in complaints on the board and potential disciplinary action. Common violations investigated by the Board of Acupuncture include:

Failure to Follow Sanitary Protocols

The Board of Acupuncture requires all professionals to follow certain standards of hygiene to avoid complications that could arise from performing acupuncture in unsanitary conditions. If your facility does not meet the requirements, you could be reported to the board.

Unprofessional Conduct

Your license could be at risk if you are reported to the board for professional misconduct such as:

  • Abandoning your patients
  • Engaging in sexual relationships with the patients

Substance Abuse

The use of drugs and alcohol is a personal choice. However, if such conduct impacts your ability to practice as an acupuncturist safely, the Board of Acupuncture could take severe action against your license. This will be the case, especially when you attend to your patients while intoxicated.

Insurance Fraud

Failure to Keep Medical Records

Good record-keeping is a critical part of traditional Chinese medicine. It helps monitor communications between the acupuncturist and other healthcare providers. Failure to keep proper records can result in license loss.

Gross Negligence

Acupuncturists must exercise reasonable caution when offering their services to avoid causing harm to patients. Gross negligence involves conduct that places another person at risk of injury or death.

Unlicensed Practice

You must have a valid license from the California Board of Acupuncture to practice as an acupuncturist in the state. If you suffer a license suspension or the license expires, you must take the right measures to correct the situation before you offer your services.

Criminal Conviction

As a licensed acupuncturist, the impact of a criminal conviction will go beyond incarceration, fines, and probation. When your licensing board is notified of your conviction, you may undergo further investigation and face disciplinary action. Your license may be at risk if you are arrested and charged for these offenses:

  • Possession of a controlled substance (HSC 11350)
  • Driving under the influence (VC 23152)
  • Domestic violence (PC 243e, PC 273.5)
  • Grand theft (PC 487)
  • Sexual battery (PC 243.4)
  • Grand theft (PC 487) or petty theft (PC 484)
  • Insurance fraud (PC 550)

California Board of Acupuncture Disciplinary Process

Due to the strict guidelines that licensed acupuncturists must follow, there is a risk that a formal complaint against you may quickly turn into disciplinary action that will affect your career. The disciplinary process by the board of acupuncture follows the following steps:

The Complaint

The disciplinary process by the Board of Acupuncture begins when you are reported to the board for a violation. A patient could make a complaint, as could the family of a patient, your employer, or the criminal justice system. In this case, complaints are made through email or phone calls to the board's reporting channels.

After receiving the complaint, the board will conduct an initial review. This review aims to ascertain the complaint's foundation and whether the acupuncture board has jurisdiction over it. The complaint may be forwarded to the appropriate departments if it is outside the board's jurisdiction.

Investigation

When the California Board of Acupuncture determines that the complaint made against you falls under their jurisdiction, an investigation is launched. The investigation stage involves collecting additional evidence to support the claims against you. This could include interviewing witnesses and recovering your criminal history.

Stipulated Agreement

You have a right to be notified when a professional complaint is made against you. You must respond to the board within 15 days of receiving this notice. You will indicate your plan to fight against the allegations in your response.

If the board files a formal hearing against you, entering into a stipulated agreement is the first step in your professional license defense. The board will recommend this agreement if they have sufficient evidence to find you violating the code of conduct.

With a stipulated agreement, you agree to take liability for the alleged misconduct and accept the type of disciplinary action the board took. Entering into this agreement denies you the right to undergo an administrative hearing. However, your attorney can negotiate a favorable agreement that does not involve losing your license.

Formal Hearing

An administrative hearing will be scheduled if you do not enter the signed agreement. Before the hearing date, you will have a discovery phase where you can review the evidence the board has against you. This can help you and your attorney build a solid defense against the allegations.

Additionally, you will be entitled to obtain the contacts and addresses of witnesses set to testify against you under California GC 11507.6. The discovery phase ends within thirty days, after which the administrative law judge holds and presides over the hearing.

After the allegations against you are resented, you’re entitled to present your defense, which could include cross-examination of the board’s witnesses and presenting your witnesses. The ALJ will assess the evidence presented by both sides of the case and make a ruling within thirty days.

Final Decision

Under GC 11517(c) (2), the board can modify, approve, or reject the ALJ's ruling upon receipt.

Appeal

The decision made by the board after an administrative hearing is not always final. Therefore, if you are unsatisfied with the outcome of your case, you can file an appeal. You have up to thirty days after the ruling is made to file an appeal. An appeal hearing is closed to the board members, and they determine whether you are eligible for another review.

Disciplinary Action Against Acupuncturists

If you are found to have committed an alleged violation, the board can impose the following type of disciplinary action:

  • Public reprimand. A public reprimand is a warning issued to licensed acupuncturists who have committed minor violations. Although the public reprimand will not impact your ability to practice, it remains on your record.
  • License probation. If your acupuncture license is placed on probation, you can still practice in the field. However, you will be closely monitored by the board.
  • License suspension. The Board of Acupuncture can suspend your professional license if you are found liable for violations like gross negligence and unprofessional conduct. A license suspension lasts for up to five years. While your license is suspended, you cannot practice. Additionally, the board will impose conditions that you must follow through the probationary period.
  • License revocation. A license revocation is the most severe disciplinary action you can face from the Board of Acupuncture. Such action is typical for grave violations. Unlike a license suspension, where you can reinstate the license when the suspension period ends, a license revocation may mean the end of your career.

Find a Competent License Defense Attorney Near Me

As a licensed acupuncturist, you must have undergone extensive training to obtain your license, which costs money and time. Unfortunately, all your hard work and dedication could go down the drain if you are reported to the California Acupuncture Board for a violation. The primary goal of the acupuncture board is to regulate the practice of acupuncturists and protect consumers.

Therefore, acts like practicing without a license, patient abandonment, substance abuse, and sexual misconduct with patients are considered violations that may jeopardize your license. When the board receives the complaint about you, an investigation is conducted, and an administrative hearing is scheduled to determine whether you committed these violations.

Professionals violating the board's code of conduct may face various disciplinary actions, including license probation, public reprimand, and license suspension or revocation. At San Diego License Attorney, we will offer the legal insight to navigate your case and secure a favorable outcome. Call us at 858-665-2455 to discuss your case.