A claim of negligence or misconduct forwarded to the California Acupuncture Board can significantly affect your profession as an acupuncturist. Your acupuncturist license is the basis of your career and source of livelihood. Defending this license needs a strategic and skilled legal team. A competent licensed attorney understands the challenges involved in the disciplinary process and will protect your rights during the administrative hearing. At the San Bernardino License Attorney, we have skilled attorneys who will assess your situation, help you weigh your defense options, and protect your rights to ensure that you continue practicing acupuncture. 

The Growth Of Acupuncture As Alternative Medicine

Acupuncture has grown to become a popular alternative treatment. Most people pursue natural and noninvasive wellness options, which acupuncture perfectly fits. Given the increased interest in alternative treatments, acupuncture could only become more popular. Acupuncture has bolstered people's faith, and it is evident that it effectively treats several illnesses, including pain and inflammation.

The distinction between traditional and alternative medicine is becoming increasingly hazy as acupuncturists become more integrated into the teams of hospitals and healthcare facilities. This strengthens acupuncture with conventional Western medicine, encouraging a more holistic approach to patient care.

However, your license could still be at risk despite these advancements, especially if a patient raises a complaint against you. Even a seemingly minor claim is sufficient to commence a complicated and potentially devastating disciplinary process with the California Acupuncture Board. This could attract a license revocation or suspension, threatening your profession and ability to offer valuable care.

The California Acupuncture Board

The California Acupuncture Board, abbreviated as CAB, protects public health and guarantees that the state's acupuncturists practice competently. The board's core mission covers various crucial areas. This board is the only agency that issues licenses to acupuncturists. It establishes strict requirements, demanding proper training and education for prospective acupuncturists. The last step in the license acquisition procedure is a rigorous licensing exam, and only candidates who pass these stringent requirements acquire a license to practice acupuncture in California.

Besides issuing licenses, the Acupuncture Board oversees the industry and disciplines members who violate industry standards.

It develops ethical rules that guide acupuncturists in their career conduct. The board also establishes and upholds practice standards and issues the legal practice parameters for licensed practitioners. Additionally, the board guarantees the right application of sterile procedures to eliminate health hazards. This ensures that treatments associated with acupuncture occur within approved bounds.

Another priority for the California Acupuncture Board is customer protection. In case of a complaint, the board provides information on how to check an acupuncturist's licensing and file a complaint through the right channels. This transparency enhances people's confidence in the acupuncture industry and allows patients to make informed decisions regarding their care.

The California Acupuncture Board also encourages career improvement by approving or setting continuing education standards for certified acupuncturists. This ensures that acupuncturists stay informed on current developments and industry best practices. The board enhances acupuncture care delivery standards by encouraging continuous learning.

Issues That Could Make The Acupuncture Board Investigate You

The California Acupuncture Board could investigate you for various reasons. Some of the reasons that can make the board investigate you include:

Criminal Offenses

The board will investigate if a criminal offense is significantly related to your practice. This can happen, primarily if the offense affects your ability to practice ethically or safely.

Compliance Concerns

The Acupuncture Board can investigate if you commit infractions under the California Health Code. Other offenses that can trigger a board investigation include improper record-keeping and operating an acupuncture clinic without authority.

License Fraud

The board monitors people who engage in insurance fraud, secure a license through dishonest methods, or operate without a valid license.

Lapses In Patient Safety

The board will always investigate allegations of carelessness or incapacity that can put patients in danger. This could include inserting needles wrongly, practicing acupuncture outside of your field of practice, or failing to sterilize equipment properly.

Professional Misconduct

The board also deals with serious ethical transgressions, including falsified medical records, patient neglect, inappropriate sexual behavior, or intoxication while providing patient care.

What To Expect When A Patient Reports You To The Acupuncture Board

The Acupuncture Board protects patients by ensuring competent and ethical practice of acupuncture throughout the state. The board's primary role is to investigate and determine claims against licensed acupuncturists. This process happens in phases to assess the claims thoroughly and fairly. First, the board handles allegation intake. It receives claims from different people, including acupuncturists who report occurrences, medical professionals, and patients. All allegations require write-ups, giving the details of the alleged infraction.

The board can reject baseless or pointless complaints outside its purview as a first filter.

When the allegation passes the first review, the board initiates an investigation. The board's investigator gathers evidence, including interviewing you, the person who filed the claim, and prospective witnesses. This phase also involves reviewing crucial documents like medical records.

Following the investigation's conclusion, the board will decide on the proper approach. Some of the conceivable repercussions could include:

Informal Resolution

The board could address the allegation quietly through mediation or a settlement agreement, which would avoid a formal disciplinary process and benefit both parties.

Dismissal

If the investigation does not find sufficient evidence to substantiate the charges, the board will dismiss the complaint and notify you of this favorable conclusion.

The board could file the case, and a judge will set an administrative proceeding if there is sufficient evidence that you committed a crime. Your attorney can represent you during the hearing. The court will allow the prosecutor and your attorney to present their arguments and evidence to support their claims.

The Administrative Law Judge will render a recommended ruling after the hearing and can suggest various punishments, including:

License Revocation

The licensing board can cancel your license indefinitely. If this happens, you cannot practice acupuncture in California. This is the most severe disciplinary action the board can impose on you. License revocation is a punishment often reserved for serious crimes like:

  • Practicing without a license.

  • Serious patient injury brought on by carelessness.

  • Persistent misconduct.

Reinstating a license after a revocation is an intricate and complicated process. Therefore, your attorney will do everything possible to fight against a potential license revocation.

License Suspension

The board can suspend your license for some time, thus affecting your ability to practice acupuncture. The severity of your crime will determine the period of your suspension. This can majorly affect your profession and your income from practicing acupuncture.

License Probation

The board can put you on license probation, which involves suspending you for a predetermined period and imposing some conditions. For example, you can be ordered to complete required courses, submit to reviews, or practice under supervision. You could face more severe penalties for non-compliance.

A Board Reprimand

The board can also issue a formal censure, acknowledging your public misbehavior. However, you will be allowed to continue with your practice. A board reprimand can negatively affect your reputation and attract disciplinary action.

After considering the Administrative Law Judge's suggested ruling, the board will issue a final order, which could reject, amend, or accept the recommendations. You can appeal by taking the final order to court if you are not happy with the ruling. There is a statute of limitation for appealing the board's ruling. The deadline for appealing a ruling, like terminating your license, is usually 30 days. You will lose your ability to file an appeal if you do not take action within the designated limits.

Whether Criminal Charges Can Affect Your Acupuncture License

You could face extra scrutiny from the California Acupuncture Board if you face criminal charges. The board always takes misconduct by acupuncturists seriously. It could restrict your license under the Business and Professions Code Section 490. However, not all criminal charges will automatically attract a license restriction from the board. The offense must impair your ability to practice acupuncture ethically and safely. For example, a DUI conviction can impair your judgment and safe administration of care during a patient's appointment. This could negatively affect your eligibility to practice.

The board has outlined classes of offenses deemed "substantially related" to acupuncturists' ability to provide care. Convictions of the following crimes can attract license restrictions:

Substance Misuse

Substance misuse can affect your ability to practice safely, depending on its severity. If you are under the influence of alcohol or drugs, you will not be able to make good judgment when handling patients. The following are some of the offenses that could attract disciplinary action:

  • Simple possession of a controlled substance is an offense according to the Health and Safety Code 11350.

  • Possession for sale of a controlled substance is an offense outlined under the Health and Safety Code 11351.

  • Driving under the influence of drugs (DUID) or alcohol (DUI) is an offense explained under Vehicle Code 23152.

Financial Offenses

Financial offenses involving theft can doubt your integrity and financial responsibility. This can negatively affect your ability to run a business morally. These offenses can fall into the following classes:

  • Petty theft, an offense under Penal Code 484.

  • Grand theft, an offense under Penal Code 487.

  • Insurance fraud, an offense under Penal Code 550.

Offenses That Affect Trust And Conduct

Domestic abuse and sexual battery crimes could seriously damage people's confidence in their ability to act morally and maintain a safe treatment environment. Domestic violence is an offense under Penal Code 243e and 273.5. On the other hand, sexual battery is a crime under Penal Code 243.4.

The Board And License Restrictions During Criminal Cases

When you are facing criminal charges, the Acupuncture Board possesses extensive reach. This authority includes the mandate to ask for license restrictions imposed by the court using one of the following channels:

Pre-Trial Restrictions

Pre-trial restrictions could be a precaution if criminal charges raise questions regarding your ability to perform properly as an acupuncturist. This worry could arise from the potential risks linked to the unrestricted practice or the nature of the alleged conduct.

The limits recommended by the board can vary depending on your crime. Some of the examples include:

  • Restrictions on patient interaction —The judge can limit your unsupervised interaction with the patients, requiring a chaperone to be present during appointments.

  • Supervision requirements — The court can order you to work under the supervision of another certified acupuncturist.

  • Administrative requirements — You could be ordered to complete extra training or education programs.

Sentencing-Related Restrictions

When facing criminal charges, you could face another hurdle: sentencing-related restrictions. The board could push for limitations in your sentencing following a conviction. Sentencing limits aim to mitigate potential risks once you are convicted. If you continue practicing, you will prioritize the patient's safety and ethical conduct. The limits imposed will depend on the following:

  • The risks the board identifies.

  • The severity of the sentence.

  • The nature of your criminal offense.

The following are examples of sentencing restrictions:

  • Community service — The judge can order you to participate in community service relating to public safety or healthcare.

  • Continuing education —The judge can require you to undergo extra education or training programs. These programs will mainly focus on professional boundaries, ethics, or substance abuse therapy to address the underlying issues indicated by the conviction.

  • Supervision requirements — The judge can also order you to practice under the monitoring of another acupuncturist for a certain period. This will ensure you offer responsible practice through close monitoring.

  • Practice limitations — The judge can limit the kind of patients you can treat or the techniques you can apply. In this case, you might not be allowed to perform high-risk operations. There could also be constraints when treating certain patient populations.

Why You Need An Attorney

Facing the Acupuncturist Board on your own can be overwhelming and can put you at a disadvantage. You need an attorney with vast experience in license defense to walk with you. An attorney will:

  • Examine the allegations against you.

  • Gather relevant evidence and mitigating factors to defend against your charges.

  • Represent you during the administrative hearing.

  • Negotiate with the board for a dismissal of the allegations against you.

  • If you must face disciplinary action, your attorney can negotiate for lesser charges.

Find a Reliable License Defense Attorney Near Me

Having your acupuncturist license at risk can be devastating. The good news is that with the proper legal representation, you do not have to lose your hard-earned license. At the San Bernardino License Attorney, we provide professional acupuncturist license defense. Our attorneys understand how the Board of Acupuncture works, enabling them to offer competent legal representation. Contact us at 909-966-4095 to speak to one of our attorneys.