There is a great deal of satisfaction in the chiropractic field. It is incredibly satisfying to witness patients get better mobility, reduced pain, and increased well-being due to your care. However, one complaint to the licensing board from a patient, a rival, or someone else can ruin your professional reputation. Your license to practice chiropractic care and years of dedicated study could be at risk. Never allow a complaint to eclipse your enthusiasm and dedication to the well-being of your patients.

At San Bernardino License Attorney, we will represent and defend you against the allegations. We have the experience in chiropractic defense that you need for your case. Our attorneys are well-versed in both the intricacies of the law and the practice of chiropractic care. Our expertise in the field gives you the assurance to handle any complaint and safeguard your capacity to continue providing care for your patients.

Understanding Chiropractic Care

The growing popularity of chiropractic care signals a move toward a more holistic approach to health. Patients increasingly seek non-pharmaceutical pain relief and preventative measures to maximize well-being. With an emphasis on spinal alignment and musculoskeletal health, chiropractic services have become a valuable adjunct to conventional care.

Alternative pain management methods are in high demand due to the rise in chronic pain problems, which are frequently associated with modern lifestyles. Chiropractic adjustments address these problems by restoring mobility and addressing joint dysfunction. Patients who wish to avoid pharmaceutical side effects will find this noninvasive alternative appealing.

The chiropractic philosophy strongly emphasizes preventative care. Frequent adjustments help preserve optimal spinal alignment, which could lessen the likelihood of musculoskeletal issues. The emphasis on long-term health and the rising popularity of preventative medicine go hand in hand.

For some people, chiropractic care can be a beneficial alternative, but individualized care is crucial. This is where you, as a chiropractor, come in. You must consider the patient's unique needs, medical history, and underlying cause of pain to decide whether chiropractic adjustments are the best treatment option. Your experience and knowledge will be vital in this process.

Chiropractic care goes beyond merely treating musculoskeletal issues by empowering patients through education. You can give patients insightful information about:

  • Understanding the origin of pain — Helping your patients realize the underlying reasons behind their ailment, like postural irregularities or tense muscles, could improve their understanding of their discomfort.
  • Advantages of adjustments — Informing your patients about the possible advantages of adjustments, including increased mobility and pain alleviation, will help them make well-informed decisions regarding their treatment regimens.
  • Lifestyle modifications — You can suggest lifestyle changes to the patient to support their chiropractic care and improve their general health. This includes exercising and adjusting their workstation.
  • Preventative measures — Equipping your patients with the knowledge and skills to proactively prevent future musculoskeletal difficulties by teaching them how to maintain appropriate posture, apply stretching techniques, and adopt healthy behaviors.

The California Board of Chiropractic Examiners: Its Role and Importance

The California Board of Chiropractic Examiners (BCE) aggressively protects patient safety when receiving chiropractic services. Designed to guarantee high-quality care and safeguard patients, the BCE carries out several core functions that impact patients and providers.

The foundation of the BCE's role is licensing. Before providing licenses to eligible chiropractors in California, they thoroughly assess applicants' educational backgrounds, practical experience, and exam performance. Professionals can only lawfully practice if they fulfill these strict conditions and secure a BCE license.

The BCE controls chiropractors' scope of practice and licensing. They create and uphold approved practices and therapies and a thorough set of moral standards that chiropractors must follow when treating patients. This framework guarantees that patients receive ethical treatment and services within the law.

Ongoing learning is also a priority. The board requires all licensed chiropractors to complete continuing education requirements to stay current on the latest methods, findings, and best practices in chiropractic care. This commitment to education guarantees that patients receive the best, most evidence-based care possible.

Furthermore, the board investigates complaints against certified chiropractors to safeguard their patients' health. The BCE can impose disciplinary penalties, including license revocation, on a chiropractor who violates the scope of practice, acts unethically, or risks patient safety. This disciplinary monitoring ensures that only licensed and moral chiropractors continue operating in California by discouraging misconduct and upholding professional standards.

The California Chiropractic Disciplinary Process

The California Board of Chiropractic Examiners monitors the complaint procedure to protect patient safety and professional ethics among licensed chiropractors like yourself. To make a complaint, complainants must submit a written statement detailing the occurrence and any supporting paperwork, including invoices, contracts, or medical records. Although anonymous complaints are welcome, effective investigations require the complainant's assistance.

The board thoroughly examines each complaint to establish jurisdiction and identify the best course of action. California law requires clear and compelling evidence for disciplinary measures, which could entail lengthy investigative processes.

The board actively enforces a comprehensive regulatory framework that regulates chiropractic practice in the state. The BCE reserves the right to take disciplinary action for violations of this framework.

This framework consists of the following critical legislative elements:

  • Chiropractic Initiative statute — The board is legally based on this fundamental statute, which establishes license qualifications and defines your scope of practice. Deviating from this act is a serious violation for which the BCE could take disciplinary action.
  • The California Business and Professions Code (BPC) — This comprehensive statute governs the practice of chiropractic, among other professions in the state. Relevant sections of this law cover record-keeping regulations, patient contacts, and advertising practices.
  • California Code of Regulations (CCR) — The CCR adds particular laws and guidelines to the BPC. These rules address permissible chiropractic methods, ethical guidelines for chiropractors, and ongoing education needs.
  • Health and safety regulations — The main goal of this code is to protect public health and safety. Your chiropractic office may need to follow certain sections regarding infection control, sanitation, and reporting of communicable diseases.
  • Other relevant regulations — Other state or federal regulations, like those on prohibited substances and patient privacy, could also indirectly impact your chiropractic practice.

The board ensures fair and consistent disciplinary processes for licensed chiropractors facing misconduct allegations. To accomplish this, the BCE provides vital online resources, the Disciplinary Guidelines and Model Disciplinary Orders, to Administrative Law Judges (ALJs) sitting over hearings. The BCE creates and implements practice regulations as the chiropractic profession's regulatory authority. ALJs hold disciplinary hearings in response to formal complaints alleging violations to decide on disciplinary measures.

The BCE's online disciplinary guidelines give ALJs a formal framework to assess the seriousness of suspected violations. This framework promotes consistency by outlining factors to consider when determining the severity of offenses. It aims to ensure fairness by minimizing discrepancies in penalties for similar violations throughout the disciplinary process.

The orders also act as guides, providing ALJs with information about the possible repercussions for particular infractions. These penalties can include warnings, fines, probation, suspension, or revocation of a license, among other things.

Attendance at disciplinary hearings is not mandated, but it is highly recommended. Skipping this critical step can significantly impact the outcome of your case. Your attendance (or through your attorney) is necessary to avoid receiving a default judgment from the ALJ. If you fail to appear, you effectively admit guilt and could face a more severe punishment, like having your license revoked. You can present your defense at the hearing and make a case for a shorter probation or suspension sentence. A healthcare license specialist lawyer can be crucial in developing a solid defense that emphasizes mitigating circumstances and fortifies your position.

The complete loss of control over the result is possibly the most important consequence of missing the hearing. The board’s judgment will be based only on the information provided. Without your input, the information will be incomplete. Your attendance ensures the board has all the relevant facts before making a judgment on your license.

Disciplinary Actions You Could Face

The judge carefully considers several issues at a disciplinary hearing to decide on the proper consequences. Some of the issues include the following:

  • Patient safety — Your patient’s safety is the judge's top priority regarding any proof of patient injury or the possibility of injury resulting from your activities.
  • The severity of the violation — Was it a small error or a major transgression of professional ethics that put the patient's safety at risk?
  • Intentionality vs. Negligence — To assess your guilt, the judge looks at whether your acts were intentional wrongdoing or a mistake in judgment.
  • Your past — The judge evaluates the possibility of future wrongdoing by considering any new complaints filed against you and any prior disciplinary measures.
  • Rehabilitation and mitigating factors — The judge considers proof of your rehabilitation attempts, adherence to prior court orders, and any financial gains from the violation.

The California Board of Chiropractic Examiners (BCE) has a tiered disciplinary structure to deal with misbehavior by licensed chiropractors. Your violation's category will depend on its seriousness. Penalties include license suspension or probation.

But first, what does it mean to have your license suspended, revoked, or under probation?

  • Probation — This is a warning with extra conditions attached. You can continue practicing, but only under the board's supervision. Typical probationary requirements include attending board meetings, practicing under a mentor, and completing required continuing education. These terms allow you to establish compliance and professionally elevate your conduct. Stricter measures, including suspension or revocation, could follow noncompliance with these requirements.
  • Suspension — This more severe outcome keeps you from practicing for a while. The seriousness of the offense determines how long the punishment will last. This enforced pause serves as a stronger deterrent and permits possible corrections before reinstatement. You could be required to complete more coursework or provide proof of your rehabilitation efforts during the suspension to be granted your practicing privileges.
  • Revocation — The most severe penalty, revocation, effectively cancels your license. You can no longer legally practice. The revocation could be temporary or permanent, depending on the seriousness of the offense. It is challenging to get your license back once it has been revoked. You must present evidence of rehabilitation, pass further tests, and persuade the board that you are once again qualified to practice morally and competently.

Class I: Minor Violations

You fall under Category I if you make minor administrative errors, including not changing your address or displaying your license incorrectly. The minimum consequence is typically one to two years of probation, though the most severe penalty can be license revocation.

Category II: Severer Violations

Category II offenses entail a flagrant disdain for laws, morality, or public safety. Advertising therapies for sexual dysfunction or skipping a disciplinary hearing are two examples of this violation. The minimum sentence for these offenses is three years on probation.

Category III: Serious Misconduct

Category III refers to serious misconduct, which includes practicing outside of your area of specialty, having sex with a patient, and neglecting to make the proper referrals. A 30-day ban with a five-year probationary period is the minimum punishment.

Category IV: License Revocation

The most profound violations fall under Category IV, the same as Category III but much more serious. A Category IV crime carries a one-year license suspension without the possibility of probation or lesser punishment.

Find a Professional Chiropractic License Defense Attorney Near Me

Board action could be a big challenge for a chiropractor. The consequences of these hearings can seriously harm your career. While understanding the process and your rights is crucial, the legal intricacies can be challenging. This is where a chiropractic professional license defense attorney becomes invaluable. These lawyers are experts in board hearing nuances and chiropractic laws. They could offer you strategic advice, from building a strong defense to successfully defending you during the hearings.

Our accomplished attorneys at San Bernardino License Attorney will protect your rights, guarantee a fair trial, and work toward the best possible result. Your professional lifeblood is your license. Do not risk it without qualified representation. If you are facing board action, speak with one of our competent chiropractic license defense lawyers by contacting us at 909-966-4095. Our experience could mean the difference between saving your future and dealing with a career-ending situation.