Chiropractors are trained professionals who offer manual therapy for treating back, neck, and spine issues. To become a chiropractor, you must undergo extensive training and pass the licensing examination.
Chiropractors are regulated by the Board of Chiropractic Examiners, whose primary mission is to protect patients receiving chiropractic services from harm and misconduct by licensees. You could be reported to the board if you engage in actions against the required code of conduct. The BCE will investigate the allegations, and if you are guilty, they will impose disciplinary measures on professionals.
Depending on the type of misconduct and its impact on your patients, the BCE could restrict you from practicing by suspending or revoking your license. Losing your licensee can set you back in your career and affect your livelihood. At San Diego License Attorney, we offer the expert legal guidance and representation you need to navigate disciplinary proceedings.
Common Complaints Reviewed by the Chiropractic Board of Examiners
The BCE is responsible for regulating and licensing chiropractors in California. As a holder of a chiropractic license, you must follow all the guidelines that the BCE sets for your practice. Failure to do this could result in misconduct allegations, an investigation, and potential disciplinary actions.
Common forms of misconduct reported to the BCE include:
Practicing While Impaired
Performing your duties while drunk is a violation of BCE regulations. This is because practicing while impaired will directly impact your ability to offer effective services to your patients. Intoxication can cloud your judgment and cause harm to patients.
Patients, colleagues, or employers can report your conduct to the Chiropractic Board of Examiners.
Billing or Insurance Fraud
A common form of misconduct committed by healthcare practitioners is billing fraud. This involves acts like:
- Falsifying income sales and losses
- Misrepresentation of expenses and liabilities
- Insider trading
- Money laundering
- Billing for services that were not provided to clients
Cases of billing or insurance fraud could be reported to the BCE by insurance companies that suffered losses from your actions or by your clients. Insurance fraud is charged as a crime in federal court and is a violation of the regulations set by the Chiropractic Board of Examiners.
Deceptive or Misleading Advertising
Like other businesses offering services to consumers, chiropractors must correctly advertise themselves. Advertising for services they do not offer or attempting to mislead potential clients is a form of misconduct that can attract severe disciplinary action from the BCE.
Deficient Record-keeping
As a chiropractor, your day may be filled with different roles, like seeking patients, catching up with research, and performing administrative tasks. These could be burdensome and distract you from proper record-keeping. Deficient record-keeping can create chaos in your schedule and impact the care you give each patient.
If the records are mixed up, you can provide the wrong care to a patient, causing severe and life-altering injuries. When your poor record-keeping harms patients, you could be reported to the board, jeopardizing your professional license.
Negligent Practice
Individuals seek chiropractic care for neck and back pain. Although chiropractic treatments benefit many patients, negligent or improper treatment can cause injuries. When chiropractic adjustments are performed incorrectly or aggressively, patients could suffer nerve damage, soft tissue injuries, and dislocations.
Patients who suffer injuries from negligent chiropractic practice can file a claim against the chiropractor. The Board of Chiropractic Examiners will be notified of the misconduct. Being negligent in your practice goes against the Board's regulations for ensuring patient safety.
Criminal Convictions
Facing an arrest and criminal charges in California is a nerve-wracking experience. A conviction for different felony and misdemeanor offenses will result in severe legal penalties and life-changing collateral consequences. The impact on your career and professional chiropractic license are some of the consequences of your conviction.
A conviction for a criminal conviction reflects on your character. When the Chiropractic Board of Examiners is notified of your conviction, they may seek to suspend or revoke your license. The severity of your punishment may be determined by the nature of your conviction and its impact on your ability to offer safe and reliable chiropractic services.
Practicing Without a License
After extensive education and training to become a chiropractor, you must obtain the necessary licensing. The BCE will issue you a license after you have passed the licensing exam and undergone a background check. You must have a valid license when seeking employment or engaging in private practice.
Practicing as a chiropractor without a license or with a suspended or revoked license is a violation that could result in severe disciplinary action.
Sexual Misconduct
Chiropractors must respect the patient's boundaries and ensure a professional relationship when offering services. Engaging in sexual acts with patients, either by using force or voluntarily, could result in allegations of sexual misconduct being reported to the Board of Chiropractic Examiners.
If the form of misconduct you commit against a chiropractor counts as a criminal offense under California law, you will face criminal consequences for your act. Additionally, the BCE will be notified of the conviction and can use it as a basis to revoke or suspend your professional license.
Disciplinary Action by the Chiropractic Board of Examiners
After undergoing a thorough investigation by the Board of Chiropractic Examiners and an administrative hearing, the board will determine the appropriate disciplinary action. Possible forms of disciplinary action you could face include:
License Probation
The Board of Chiropractic Examiners can place you on professional probation if you are reported for a minor violation. Unlike a suspension or revocation of your license, you could continue to practice as a chiropractor while your license is suspended. While on professional probation, the board will issue conditions you must follow throughout the probation period.
Your probationary conditions will restrict where you can work and how you conduct yourself. After serving a year of your professional probation, you can petition the BCE to modify the terms of your probation. This makes it easy for you to seek employment and work on your career.
If you violate the terms of your professional probation, you could face harsher disciplinary action, such as suspension of your license.
Citation and Administration Fines
Sometimes, the board will let you off with a warning and some administration fines when you are found to have committed a professional violation. This often occurs when your violation does not harm your patients or constitute a criminal offense under California law.
A citation will not directly impact your career or license. However, the BCE will record it where it is accessible by individuals who perform a background check on you.
License Suspension
You could lose your right to practice as a chiropractor through a license suspension when you commit serious violations, like facing a criminal conviction. A license suspension may also result from fraud, substance misuse, or practicing while drunk.
You cannot resume your professional activities while your license is suspended. Depending on your infractions, you could have a three-year suspension from your professional license.
You can argue to have the suspension period lowered during your administrative hearing if an experienced license defense attorney guides you through the procedure. Also, you should identify mitigating factors and submit them to the board to fully prepare for your hearings.
License Revocation
A revocation of your chiropractic license is the most serious disciplinary action you can face following your violation of BCE regulations. Such disciplinary action is often reserved for severe violations or licensed holders with multiple prior warnings. Additionally, your license could be suspended if you commit a violation while on professional probation. If your license is revoked, you cannot practice as a chiropractor.
Factors Affecting the Nature of the BCE’s Actions Against You
Different violations attract varying disciplinary action against your career and chiropractic license. Some of the factors that could impact the severity of the disciplinary action against your chiropractic license include:
Actual or Potential Harm to a Consumer
You could face disciplinary action even when your misconduct is not directly related to your ability to offer safe services for your patients. For example, you can have your license suspended or placed on probation after a criminal conviction for an offense unrelated to your practice.
However, the effect of your violations on the well-being of your patients or others will impact the seriousness of the disciplinary action you will face. For example, practicing while impaired or a negligent practice is an act that could result in harm to a patient seeking chiropractic services. Such conduct could result in the loss of your professional license.
Prior Disciplinary Actions against You
The Board of Chiropractic Examiners keeps records of all disciplinary actions taken by different license holders. Violating the rules set by the BCE, even after multiple warnings, indicates your inability to rehabilitate. Therefore, if you have been on probation or received a professional warning, the BCE can use your record to issue harsh disciplinary action.
The Severity of Your Violations
The nature and severity of your actions are significant determinants of the type of disciplinary action you face. Some violations are more serious than others. The BCE divides professional violations into four different categories.
These categories classify violations depending on their impact on safety and the extent of disregard for the ethics and laws of the BCE. For example, a chiropractor who has poor record-keeping could face less serious disciplinary action than a professional who commits violent sexual crimes against patients.
Presence of Mitigating Evidence
When you are reported for a violation of the BCE, an administrative hearing is held to determine your fate. You are entitled to provide evidence in support of your position at this hearing. Any element that could diminish the seriousness of the accusations against you is considered mitigating evidence. If your case has significant mitigating circumstances, you could not receive as much disciplinary punishment for your infractions.
Evidence of Rehabilitation
If you are reported to the BCE for a criminal conviction, the board will require evidence of your rehabilitation from the criminal acts. You can present evidence of serving your sentence, completing your probation, and complying with all the terms of your service. If the BCE is convinced you have been rehabilitated from your criminal acts, They could order a more lenient disciplinary action.
Whether or not You Derived Financial Benefits from your Actions
Billing fraud is a common misconduct committed by chiropractors and other healthcare professionals. Often, such acts cause financial losses to clients or insurance companies. The more financial gain you receive from your actions, the more severe the disciplinary action you will face.
Appealing your Disciplinary Action from the Board of Chiropractic Examiners
After violating the BCE regulations, you could lose your professional license. Serious disciplinary actions, such as license suspension or revocation, may be used to accomplish this. Thankfully, the board's decision to cancel or suspend your license is subject to appeal.
You can appeal the decision if you want to try to have the disciplinary action reversed. Typical justifications for your appeal consist of the following:
- A mistake in the board’s decision
- Available data does not support the claims.
- Biased ruling against you
Find a Top Notch License Defense Attorney Near Me
Different forms of misconduct by licensed chiropractors are reported to the Chiropractic Board of Examiners. This could include allegations of practicing while impaired, billing fraud, practicing without a license, and deceptive advertising.
If you are found to have engaged in misconduct, the board can impose a wide range of disciplinary action, including warning letters, probation, suspension, and revocation of your chiropractic license. If you face misconduct allegations and are under investigation by the board, your license and ability to practice in your field could be jeopardized.
Thus, you must be assertive in your defense to refute the accusations. We at San Diego License Attorney provide knowledgeable legal counsel for our clients who are the target of inquiries, charges, and possible disciplinary measures by the Chiropractic Board of Examiners in San Diego, CA. Call us at 858-665-2455, and let us help you with your defense.
