Being a chiropractor is undoubtedly one of the most fulfilling careers you can pursue. Your unique abilities and skills are important and can help people improve their quality of life and overcome chronic pain. Unfortunately, all your hard work will be for nothing if a colleague or a patient files a complaint against you.
The Board of Chiropractors Examiners (BCE) will launch an investigation against you immediately to determine whether the allegations filed against you are substantiated. While the board will dismiss some allegations for lack of merit, others may result in disciplinary action and jeopardize your practice license.
If a BCE’s investigator has contacted you or you have recently received a notice of investigation, time will be of the essence. At San Luis Obispo License Attorney, we have skilled and proficient license defense attorneys who can help you navigate the BCE’s disciplinary process to secure a favorable outcome.
Requirements for Becoming a Professional Chiropractor
Securing a practice license to begin your career as a chiropractor is an involved process because the safety and health of the community and the public are often at stake. For that reason, the board must ensure you are competent for the job. Generally speaking, to qualify for the BCE’s chiropractor license, you must meet the following criteria:
- Be At Least 21 Years Old and Above
To qualify for a chiropractor license and launch your professional career, the BCE must ensure you are at least 21 years old.
- Hold a Chiropractic Degree
You can apply to enroll in a board-approved chiropractic college if you already hold a bachelor’s degree in science or health-related courses. If you do not yet have a degree, you should take your time and complete three years of undergraduate studies in a related field before you apply for a chiropractic license.
- Pass the BCEs Licensure Exam
For you to qualify for a chiropractic license, you must take and pass the National Board of Chiropractic Examiners Exam (NBCE). However, you cannot take this exam if you are not currently enrolled or have completed your studies at a BCE-approved chiropractic college.
- Submit Your Application for Chiropractic License
After meeting the necessary education requirements, you can apply for your chiropractic license with the BCE. Ensure you attach all necessary documents, which are complete and accurate, including your transcripts and the license application fee receipt.
- Maintain Continuing Education and Compliance Requirements
Keeping up with the BCEs’ continuing education and compliance requirements is crucial, even after securing your chiropractor’s license. Generally, your chiropractor’s license will expire one year from the date of issue. To keep it current and continue offering your services, you must maintain continuing education from a recognized provider.
The continuing education often involves courses and updates in the following areas or subjects:
- Ethics and law
- Patients’ safety
- Physiotherapy
- Pain management
- Manipulation under anesthesia
- Basic sciences
Securing a chiropractic license is not a one-time task. Instead, it represents a long-term commitment to professional development and providing the best services. In addition to receiving continuing education, you must be careful in your duties to avoid committing an act that could compromise your chiropractic practice license.
When your patient perceives any of your acts as professional misconduct, incompetence, or negligence, he/she could file a complaint against you with the BCE, attracting an investigation against you and your practice. While some of these complaints are avoidable, others are not, regardless of how careful and courteous you are with your patients.
If the board receives a complaint against you, taking proactive steps can help protect your practice license and career as a chiropractor. Consulting with a skilled license defense attorney should be your first step to help you investigate the matter and prepare evidence that can challenge the allegations to secure a favorable result.
Crimes That Could Trigger the BCE’s Disciplinary Actions
Various misconduct issues and criminal charges could negatively impact your chiropractic license status. Generally speaking, any criminal offense that is substantially related to your qualifications and duties as a chiropractor could jeopardize your practice license. Examples of these crimes include (but are not limited to) the following:
- Driving Under the Influence
You commit a driving under the influence (DUI) offense when you operate a car or any other automobile while under the influence of drugs or alcohol. If you are a first-time offender, a DUI conviction will result in a fine of $390 to $1,000, a driver’s license suspension, and up to 6 months in jail.
- Possession of a Controlled Substance
Health and Safety Code (HS) 11350(a) makes it a misdemeanor offense to possess controlled substances, including street narcotics and prescription drugs, without a valid medical prescription. Often referred to as simple possession or possession for personal use, an HS 11350(a) violation is a misdemeanor, punishable by a fine not exceeding $1,000 and a jail term of up to one year.
- Rape
According to Penal Code (PC) 261, you commit a rape offense when you use fraud, threats, force, or violence to engage in non-consensual sexual intercourse with someone else. Also referred to as sexual assault, rape is a felony offense and will attract the following penalties after conviction:
- Up to eight years of jail time
- Sex offender registration duties for up to twenty years
- Up to $10,000 fine
If the victim of the offense is under eighteen years, the above legal penalties for a rape conviction will become harsher.
- Murder
You commit a murder offense when you intentionally kill another person or fetus with malice aforethought. A conviction for a murder offense under PC 192 could attract up to 25 years to life behind bars.
- Healthcare Fraud
Another common crime that can easily jeopardize your chiropractic professional license is fraud, especially healthcare fraud. You commit healthcare fraud when you intentionally and knowingly submit or cause another person to submit a fraudulent or false claim to an insurance company or government agencies.
For example, the prosecutor could charge you with this offense when you illegally bill a client for unnecessary services you did not offer him/her. After a healthcare fraud conviction, you could face a jail term of five to ten years, depending on the facts of your unique case.
In addition to these crimes, you could face the BCE’s disciplinary actions when someone files a complaint against you for any of the following violations:
- Substance addiction
- Inaccurate record-keeping
- Misleading or false advertisement
- Referral fee kickback payment schemes
- Practicing without a valid license
- Patient neglect
- Hiring unqualified assistants to work under your practice
Generally speaking, the regulations and laws governing the chiropractic industry are stringent, and the BCE takes its role in enforcing them seriously. If you are under investigation or arrested as a suspect in any of the above crimes, consulting with a seasoned criminal defense attorney could make the difference between a dismissal of the case, paying hefty fines, a jail term, and losing your chiropractic license.
What to Expect When the BCE Receives a Complaint Against for Any of the Above Violations
Most BCE disciplinary proceedings start when someone (a client, colleague, insurer, or healthcare entity) files a complaint or allegation against you with the board. However, in other cases, the BCE disciplinary process will begin when a court clerk informs the board of your criminal conviction. Here is an overview of what to expect during the BCE’s disciplinary process:
Investigation
The board welcomes complaints against licensed chiropractors, but it will not take disciplinary action against you without an investigation. When the board receives a complaint against you, it investigates the allegations to determine whether they are substantiated. The board could also subpoena records of the complaint and ask you to file your written response to the matter.
In many cases, the board will dismiss the inquiry if there is insufficient evidence to support the complaint filed against you.
Consent Order
If the investigation reveals substantial evidence in your case, the board may seek to negotiate a consent order with you rather than holding a formal hearing. A consent order is similar to a plea bargain in criminal cases in that it prevents you from facing a formal hearing “trial” before an administrative law judge (ALJ).
Like a plea bargain deal, the consent order requires you to admit the allegations leveled against you are true in exchange for lighter BCE sanctions. Your attorney will advise you on whether to accept the consent order, as accepting it has consequences, too. However, the possible consequences are less serious than what you would face when an ALJ convicts or sustains the petition filed against you.
Your attorney will likely recommend signing the agreement if the evidence the board has against you is substantial and the order does not impact your chiropractic license status.
Formal Complaint and Administrative Hearing
If the consent order is not an option or your charges are grave, the board will file a formal complaint against you. Then, a hearing will occur before an ALJ to determine whether the allegations filed against you are true. If the board’s evidence against you is sufficient and clear beyond a reasonable doubt, the ALJ will recommend an appropriate disciplinary action to the BCE.
Then the BCE will decide whether to impose the disciplinary action or modify it to suit the seriousness of your case. Common disciplinary actions you could face for your violation include the following:
- Licensee revocation
- Fines
- Continuing Medical Education
- Reprimand
- License suspension
- License probation or supervised practice
During this hearing, your attorney will also have a chance to present defense arguments to challenge the allegations. If your attorney wins, the ALJ will likely dismiss your case or recommend a lighter disciplinary action. Below are mitigating defenses that could work in your favor to secure a positive outcome:
- You are a victim of false allegations
- The evidence presented against you is insufficient
- Several days have passed since the act or violation occurred
- You are rehabilitated
- You do not have a past disciplinary record
Why You Need to Hire a License Defense Attorney After Receiving the BCE’s Notice of Investigation
If you are a licensed chiropractor, you cannot overlook the role of a skilled attorney when the BCE files a complaint against you. Once you train the services of an attorney during these challenging times, he/she will do the following:
Access and Investigate Your Case
When someone files a complaint against you with the BCE, it does not mean a disciplinary action is inevitable. Some allegations may be fabricated or false, and only a qualified attorney can determine this and prepare defenses to challenge them for the best possible result. That is why it is crucial to hire an attorney as soon as possible to assess, investigate, and find loopholes in the BCE’s case against you.
Present Defense Arguments at the Administrative Hearing
Your attorney’s legal defense arguments at the administrative hearing could mean the difference between receiving a disciplinary action and dismissal of the case. That is why it is best to consult a seasoned, reputable license defense attorney with a proven track record of successfully defending clients facing similar allegations.
Helps You File Notice of Defense
Time will be of the essence once you receive the board’s notice of investigation. That is where the services of an attorney come in handy. The attorney you will hire will help you file a notice of defense to the allegation within fifteen (15) days. Failure to file your notice of defense within this time limit will result in a default decision against you, often leading to suspension or revocation of your chiropractic license.
Help You File an Appeal
Unfortunately, there is no guarantee your disciplinary case will end in your favor. When the board revokes your chiropractic license, you can file for reinstatement after a specific period. Your attorney will help you prepare a reinstatement petition and compile all the evidence you need to convince the board to reinstate your practice license.
Find a Reputable License Defense Attorney Near Me
Regardless of the seriousness of the complaint filed against you with the BCE, you should never face the board’s investigators and the ALJ alone. With the legal assistance of a skilled license defense attorney, you could stand a chance of securing a favorable outcome.
We invite you to call our reliable attorneys at San Luis Obispo License Attorney at (805) 764-9771 if you need result-oriented legal representation as you navigate the BCE’s disciplinary process to secure a favorable outcome.
