Podiatrists are vital healthcare providers in our communities. When many people experience foot problems, they seek the services of a doctor who specializes in podiatry. If you are a licensed podiatrist, you understand how challenging it can be to secure a practice license after several years of education and training.

Unfortunately, any mistake or breach of the set code or rules of conduct set by the Podiatric Medical Board (PMB) or a criminal charge could attract disciplinary actions, including license revocation. However, you do not have to face the PMB investigators and the administrative law judge (ALJ) alone.

Our skilled license attorneys at San Bernardino License Attorney can help you craft solid defenses and present them to the board on your behalf to secure a dismissal of the case or any other favorable outcome.

Elements of a Podiatrist License Application

A podiatrist license is tangible proof of your years of hard work in your studies and dedication to helping people live healthy lives. In other words, it lets your prospective patient know he/she can entrust you with your health. Being a podiatrist license holder can open doors to you in various professional medical organizations and medical fields.

However, securing this practice license is not a walk in the park. When applying for a podiatrist license, the PMB will require you to disclose the following details:

  • Your education experience
  • Your test scores and applicable grades
  • Medical residency and employment history

In addition to that information, the PMP could require more paperwork and information when submitting your podiatrist license application. Any omission, error, or mistake could compromise or delay your application for a podiatrist license.

However, if you have an experienced attorney in your corner during the application process, he/she can help you avoid these mistakes to begin your career as a podiatrist.

Vital Roles Podiatrists Play in the Healthcare Field

Proper foot health is vital because you rely on them to carry your body weight and help you move from one place to another. However, most people do not think about how amazing and complex our feet are until they develop a health issue, and that is when the services of a podiatrist, also known as "foot doctor,” become vital.

You do not have to enroll in a medical school to become a podiatrist. However, you must undergo thorough training and education to secure a practice license. Once you do so, some of your roles will include:

  • Diagnosing and treating foot and lower back ailments, tumors, and ulcers
  • Offering corrective treatment, like orthotics, strappings, and casts
  • Innovating different treatments for different foot and lower back health conditions
  • Providing patients with individualized consultation services
  • Performing surgical procedures
  • Correct patients' walking patterns and balance issues

Unfortunately, losing the podiatrist license is easier than you can imagine, irrespective of your crucial roles in the community and several years of hard work and expenses incurred in securing a license. One exaggerated patient complaint or mistake could cost you a hard-earned practice license, affecting your reputation and source of income. Briefly explained below are examples of conditions a podiatrist can treat:

  • Sprains and fractures — Podiatrists help athletes with sprains and fractures sustained during sporting activities
  • Nair disorders — Nail infections and ingrown toenails can be problematic and painful, but a licensed podiatrist can assist in lessening these bothersome symptoms by recommending appropriate treatment
  • Arthritis— While it is a common condition among older adults over fifty (50) years old, arthritis could affect even young adults and teenagers. Depending on the seriousness of the issue, a podiatrist would recommend surgery, physical therapy, and other suitable treatments for this health issue
  • Diabetes foot — People with diabetes often experience nerve damage on their legs, making it challenging to detect minor wounds when they develop. When left unchecked, these wounds worsen, necessitating an amputation, and that is where the services of a podiatrist become vital

Ethics That the PMB Requires a Licensed Podiatrist to Comply With

The PMB is the agency responsible for licensing and regulating the practice of podiatry. Unlike what many podiatrists assume, the primary aim of PMB is not to protect your best interests in your practice. Instead, the main goal of the PMB is to preserve and ensure patients and the public receive the best healthcare services when they hire a podiatrist to treat them.

While the board is not against you, they take any issue that can seriously affect the health of the public and consumers, meaning they will begin an investigation against you immediately once they receive a complaint about your practice or incompetency. In most cases, the complaint could be from a patient, colleague, or law enforcement agency.

To avoid unnecessary issues with the board after securing your practice license, you should comply with their rules and code of ethics to avoid unnecessary issues with the board. A code of ethics is typically a set of rules and principles a licensed professional must comply with in his/her duties or responsibilities. As a podiatrist, you are expected to meet the following common ethical conduct standards:

  • Accountability — A qualified and licensed podiatrist must take ownership of his/her actions and behaviors
  • Confidentiality — Once you secure a podiatrist license, you must respect the confidentiality of your patients and colleagues
  • Dignity — As a licensed and qualified podiatrist, you must always uphold dignity and honor in your professional duties
  • Consent — Expect when a patient requires immediate attention, as a licensed podiatrist, you should ask a patient for consent before you perform any procedure or treatment on him/her
  • Sensitivity to diversity — The PMB also requires a licensed podiatrist to respect and value differences among their patients without discrimination
  • Effective communication — As a licensed and qualified podiatrist, you also must provide your patients with accurate information to help them make informed decisions

Examples of Complaints That Can Put Your Podiatrist License in Scrutiny

The PMB could begin an investigation against your practice and license when they receive a complaint about your violations or mistakes, including the following:

  • False advertising or unprofessional conduct
  • Incorrect or inaccurate record-keeping
  • Drug substance addiction and abuse
  • Working while under the influence
  • Causing an intentional or reckless injury to your patient
  • Mental incapacitation
  • Insurance fraud or misrepresentation
  • Gross negligence or professional incompetence
  • Failure to maintain your patients and colleagues' confidentiality as required
  • Criminal convictions
  • Patient abandonment
  • Failure to refer your patients to other specialists when necessary
  • Practicing podiatry without a valid license
  • Allowing an incompetent or unlicensed assistant to offer his/her services under your practice

It is important to note that these are not the only allegations or violations that could put your podiatrist license at risk of suspension, revocation, or other disciplinary actions. The severity of the allegations you are up against and your disciplinary record will determine the actions the board will take once they receive a complaint or allegation against you.

If the allegations you are up against are unmerited or unsubstantiated, the board could dismiss the case, meaning you will not receive disciplinary action. However, if the allegations are substantiated, you will receive a notice of investigation to inform you of the complaint you are up against and your options.

When that happens, your attorney can help you file a Notice of Defense to challenge the allegations for the best possible outcome. You will have only fifteen (15) days to file your notice of defense once the board serves you with a notice of investigation.

Defending Your Podiatrist License

Like a criminal charge, when the board receives a complaint against you, you can defend yourself and tell your side of the story. The PMB disciplinary process begins once the board receives a complaint against you from any sources mentioned in the previous paragraph.

After the PMB investigates your case to determine whether the allegations you are up against are substantiated, the following stages will follow:

Consent Order

If the board has sufficient and clear evidence against you, scheduling a formal hearing on your case could be unnecessary. Instead, the board could allow you to enter into an agreement where you admit the allegations you are up against are true in exchange for a less serious disciplinary action.

Although confessing to your violation could resolve the alleged case faster and allow you to negotiate a favorable course of action, doing so could be disadvantageous if the allegations you are up against are serious. Depending on your case's facts, your attorney can help you determine whether agreeing to confess to your violation is a wise idea,

Formal Hearing

When a consent hearing does not help resolve your case, it will proceed to the formal hearing, where an ALJ will listen to the allegations you are up against to determine whether they are true. Having your attorney in your corner during this hearing is vital because the outcome of the hearing could significantly affect your professional life as a podiatrist.

The attorney you will hire will prepare and present solid defenses to help you challenge the allegations you are up against for a favorable outcome.

The Board’s Decision

Once the formal or administrative hearing on your case is over, the ALJ will determine whether disciplinary action is necessary or dismiss your case. If the board cannot prove beyond a reasonable doubt that the allegations you are up against are true, the ALJ will dismiss your case. Your attorney's mitigating arguments could also help convince the ALJ to dismiss your case.

Factors That Could Affect the Severity of Board Disciplinary Actions

After determining whether the allegations you are up against are true, the seriousness of the disciplinary actions the ALJ will recommend to the board will depend on the following:

Whether the Patient Sustained an Injury

The ALJ will impose harsher disciplinary actions, like revocation of your license if a patient sustained an injury due to your mistakes or violation.

Your Past Disciplinary Record

If you have multiple violations or offenses on your disciplinary record, you should expect harsher disciplinary actions for your subsequent violation.

Whether You Have a Pending Criminal Case

The board could take disciplinary action against you if you have pending criminal charges for a crime substantially related to your duties as a podiatrist. Examples of these offenses include drunk driving, rape, or possession of illegal narcotics. If you have pending criminal charges, the disciplinary action the board will take will depend on the seriousness of the offense.

Your Attorney’s Mitigating Arguments

The strength of the legal defenses your attorney will assert during the formal hearing will determine the seriousness and the type of disciplinary action you will receive. Hiring a seasoned and reputable attorney is vital if you have received the board's notice of investigation.

Examples of Disciplinary Actions You Should Expect for Your Violation

If the evidence the board has against you is overwhelming and sufficient, the ALJ could recommend the following disciplinary actions to the PMB:

  • License probation
  • Licenser suspension
  • License revocation
  • A fine
  • A public reprimand

With the help of a skilled attorney, you can fight to secure the minimum and non-serious disciplinary action, including license probation, which allows you to keep the license and continue offering your podiatry services.

However, even when the board suspends or revokes your podiatrist license, you can file a reinstatement petition after a certain duration. Then, the PMB will schedule a hearing to determine whether to reinstate your license.

The board could reinstate your license if your attorney can prove you adhered to the terms of your license suspension and probation.

Find a License Defense Attorney Near Me

Your several years of training and education to become a licensed podiatrist could be in vain when the PMB takes disciplinary action against your practice or license. However, that does not have to be the outcome if you have received a notice of investigation from the board.

With the legal assistance of our reputable and profound attorneys at San Bernardino License Attorney, you can avoid the board's disciplinary actions or secure the minimum disciplinary action possible. We invite you to call us at 909-966-4095 for much-required legal counsel and representation if your podiatrist license is at risk of revocation or suspension.