Complaints and lawsuits against healthcare professionals, including acupuncturists, are common. Upon receiving complaints or dissatisfaction from patients, the acupuncturists' licensing board can launch investigations or file formal accusations against the accused professionals. A license attorney would come in handy to ensure that you do not go through these challenging times alone. Often, state agencies act in the favor of the patients or the public. The licensing board can go against you in any criminal hearing to safeguard the public interests. Therefore, there is a likelihood that your rights can be violated. An innocent professional can also face unfair rulings. You require the services of an experienced attorney if this happens. At the Santa Cruz License Attorney, we have committed attorneys who will strive to protect your rights and ensure you attain a fair resolution of your case.

Licensing Statutes For Healthcare Workers

People have a wide range of healthcare services, including traditional medical care, naturopathic care, and modern practices like acupuncture. Because of the many options, people must gather sufficient information. This information helps patients realize what is important and what is at stake because their money and health depend on it.

The Department of Consumer Affairs issues and restricts licenses to most healthcare professionals, including pharmacists, nurses, doctors, and psychologists. Additionally, the department issues licenses to the facilities that provide healthcare. The department's mission is to ensure that only healthcare professionals who meet the required standards can practice. You must meet the minimum education and experience requirements and at least pass the professional exams to secure a professional license. A clean criminal background is also mandatory.

An acupuncturist is a healthcare professional who treats different health conditions by stimulating acupoints on a patient's body. Acupuncturists achieve this by inserting extra-thin needles through a patient's skin. Sometimes, an acupuncturist can use heat for stimulation or finger pressure to stimulate the points. The state's Acupuncture Board has the duty of licensing acupuncturists, and only those who are eligible can secure the license.

Patients can file complaints with the respective licensing entity in case of a complaint against a licensed acupuncturist. A healthcare professional can face accusations like:

  • Medical identity theft and
  • Violation of the patient's rights.
  • Negligence.
  • Operating beyond their scope.
  • Breaching a patient's confidentiality.

If you are guilty of any accusation, the acupuncturist's licensing board can take action against you. You can face many penalties, including loss of your license and an end to your profession. For this reason, you should work closely with a competent attorney if you face a legal lawsuit. Your attorney can use their extensive knowledge regarding licensing laws to identify weaknesses in your case and employ their professional connections to protect your rights.

A state licensing agency has the right under Penal Code Section 23 to appear in court to petition the judge to suspend your license while your criminal charges remain pending. The agency's petition can be one of the conditions for you to pay bail. This petition can be filed on your first appearance in court, after arrest, or during the initial criminal investigations. The state agency can seem to be working against you by doing so. However, their main aim is to promote the interests of justice while pursuing the protection of the public.

The licensing agency can succeed in having your license suspended, revoked, or restricted if you do not have proper legal defense. This can vary depending on the nature of the crime you committed. In this case, you require an attorney familiar with the administrative procedures. A reasonable attorney will negotiate to retain your license and preserve your ability to earn a living.

Fighting For Your Acupuncturist License

Mainstream medicine has existed for many years, but it is too expensive. For this reason, many people opt for alternative and complementary medicine. With this, the services of professionals like acupuncturists are increasingly becoming popular. However, this increasing demand is accompanied by the need for close monitoring to ensure that patients receive better services.

Close regulatory scrutiny for acupuncture professionals ensures the sector remains stable and safe. Regulation of the sector ensures quality services, but the risk of losing your professional license is higher. You can face immediate disciplinary action in case of any slight accusation. The penalty can be severe to the point of losing your ability to earn a living. Much can be at stake if a grievance has been filed against you with the California Acupuncture Board. This can include your professional reputation, source of livelihood, and professional career.

The claims that the patient can file against you are those associated with:

  • Repeated negligence.
  • Improper advertising — The acupuncture licensing board has developed guidelines for all acupuncturists to follow when advertising their services.
  • Substance abuse — You risk losing your license if you are a drug abuser or if you handle a patient while intoxicated with alcohol or drugs. Alcohol or drug use can impair your ability to execute acupuncturist duties, putting patients at risk of suffering injuries.
  • Lack of a valid license — Licensing is one way authorities ensure that only eligible professionals provide healthcare services in California.
  • Incompetency — Acupuncture can be risky if an incompetent individual handles patients.
  • Gross negligence can result in injuries, loss, or harm to the patient.
  • A criminal violation, especially if the offense you commit is related to your duties.

The punishment you can face for the above offenses includes:

  • Probation, particularly if you have been convicted of a criminal offense.
  • Cancellation or suspension of your license — A dismissal means your practice has ended, but a suspension is normally for a shorter period.
  • Receiving a public reprimand.
  • A fine — The fine will depend on the magnitude of the violation you commit.

Some of the above disciplinary actions can be very severe, mainly if you are innocent of the claims leveled against you. This is why it is recommended that you consult an attorney to help you fight the allegations. A competent attorney can assist you in developing and presenting a mitigating defense against your charges. Your charges or discipline can be reduced if you present a strong defense. Sometimes, your attorney can even prevent the administrative hearing, depending on their findings.

How Your License Attorney Can Help You

Generally, there are various accusations an acupuncturist can face. The assistance your attorney can offer you will depend on the type of legal charges you are facing and the results you anticipate from the charges. The services your attorney can provide you with include:

Help With Penalties Reduction And Reinstatement

Sometimes, your attorney's efforts to dismiss your case do not bear fruit. If this happens, you can end up facing a conviction. A skilled attorney will work hard to ensure that you secure the least punishment possible. You can employ a wide range of defense strategies, like proving that it is your first crime to negotiate for a punishment reduction. Perhaps you have never committed a violation in the past; this is your first one. Your attorney can help restore your license immediately or after a short period if the court suspends it.

Additionally, petitions for license reinstatement have a strict statute of limitations. You should hire an experienced legal professional who understands the deadlines and the processes. The attorney can maximize your chances of obtaining a fair outcome for your charges.

Help With License Submissions and Denials

Your attorney is not only necessary when you are facing accusations but also when applying for an acupuncturist license. A lot happens when applying for a license. The process can be pretty technical if it is your first time to apply. You can also be denied a license if you miss out on some crucial information the licensing board needs.

Your attorney can assist you in compiling information that the licensing board needs to show your qualifications for the license you are applying for. The attorney will also handle any problems you encounter that can prevent your application's approval or faster license issuance. For example, the issues that your attorney can deal with are if you are continuously being ignored or the licensing agency has rejected your license application.

A skilled attorney will defend your rights to secure the license you seek and fight all statements of issues. Your attorney will find ways to challenge the board's issues if it denies you a license because of your criminal record. Sometimes, all that is required is for your attorney to clarify some points for the board to approve your application.

Filing Of Administrative Petitions And Court Orders

Cases involving professional misconduct can last longer before the licensing board makes its final ruling. You can never be able to recover the financial losses you will incur if your license has been suspended for a long duration.

A reliable attorney can appeal against the board's indecision to ensure you resume work. Your legal professional can petition the licensing council to deny you a professional license or impose punitive disciplinary actions. A competent attorney understands the appeal to make, when to file the appeal, and the process to follow. An attorney also knows the procedure to follow as provided by the law.

Most of these petitions have a statute of limitations. You might not know these time limits, but your attorney knows. The process will be efficient and accurate with an attorney working with you.

Fighting License Suspension/Revocation

You can likely face a license revocation or suspension for violating the set standards. The licensing board can revoke your license and make it hard for you to practice if you commit a grave offense. However, your attorney can assist in protecting your license against temporary suspension or revocation. The attorney will fight your charges by developing a proper defense plan. Your legal professional can also work to ensure that the board does not revoke or suspend your license. An attorney can negotiate for a license probation instead of suspension.

Your attorney can request a temporary suspension order from the board if he/she cannot stop the revocation or suspension. The order can permit you to practice temporarily, pending your hearing. The law allows judges to issue temporary suspension orders pending the determination of criminal charges or the licensing agency's decision. A skilled attorney will fight to have your suspension or revocation removed. This can help you continue practicing without interruption, even before the investigations are completed.

Defense Against Citations

Not all offenses are resolved via court hearings. The licensing board can sometimes impose a citation or a fine for violating the set standards. In this case, the judge would issue a citation ordering you to appear in court at a designated time, date, and place. You must provide enough reasons why you acted in the manner you did. Some acupuncturists can overlook the summons because they would retain their licenses anyway. A reasonable attorney, however, will ensure that you adhere to the summons for the following reasons:

  • The judge can take disciplinary action against you if you fail to show up in court.
  • The citation can be permanent on your professional license record.

Your attorney will take you through what citations are and their implications. An attorney will also guide you on what to say when you appear before the board. You can also be advised on how to avoid the citations or prevent them from showing up on your professional record.

What To Look For In An Attorney

When choosing an attorney to handle your license defense case, here are some of the factors that you should consider:

  • Ensure that the attorney has dealt with license defense cases and understands the legal process.
  • Go for a specialized attorney with experience in license defense.
  • Work with a local attorney who understands the local statutes.

Find a Reputable License Attorney Near Me

Having your professional license at risk can be detrimental. Given the time and effort required to acquire an acupuncture license, losing it can be devastating. At the Santa Cruz License Attorney, we understand what your professional license means to you. If your license is at risk, contact us today. Our attorneys will work with you to fight the accusations against you and safeguard your professional license. Call us at 831-732-4390 to talk to one of our attorneys.