If the California Board of Chiropractic Examiners (BCE) takes disciplinary measures against your chiropractic license, it can jeopardize your livelihood and future career. To protect your professional license and reputation, you should contact an expert license defense lawyer as soon as possible.

At Santa Cruz License Attorney, we have successfully defended chiropractors against formal complaints and charges for many years. Our legal team is well-versed in the regulations and laws pertaining to license disciplinary proceedings, allowing us to handle a wide range of case types with hands-on expertise. Call us today to find out more about the services we offer.

The Objectives of Modern Chiropractic Services

Chiropractic care is part of a long and ancient tradition. However, it was only recently that the medical benefits of the service became more widely acknowledged. Chiropractors can relieve chronic pain by having a thorough understanding of the relationships between the neurological, skeletal, and muscular systems. They also receive thorough training in performing manual adjustments to restore the body's systems to full harmony.

Chiropractors also provide vital advice to their patients on issues such as:

  • Proper nutrition
  • Sleep
  • Exercise
  • Techniques for managing stressful situations

They should be competent in reviewing their clients' health records, diagnosing medical issues, and operating MRI and X-ray machines. As a chiropractor, you need to follow a more "holistic" approach to healing, but you also need to understand your limitations and know when to refer someone to a doctor or surgeon.

However, despite the significant benefits provided by modern chiropractic care and the lengthy and costly process of obtaining the training and license required to start a chiropractic practice in California, it is all too easy for a single issue to jeopardize your career.

Duties of the California Board of Chiropractic Examiners (BCE)

The California Board of Chiropractic Examiners (BCE) represents a consumer protection institution operated by the state's Department of Consumer Affairs. This regulatory commission oversees both state-licensed chiropractors and individuals applying for a chiropractic license. Its main responsibility is to protect consumers and patients from potentially dangerous chiropractors.

As part of their duty, the commission has the authority to take action against chiropractors if complaints of unprofessional behavior are brought against them or if they are found guilty of a crime closely related to their profession.

BCE has a complex system for categorizing crimes, professional misconduct and determining the appropriate disciplinary punishment for professionals at fault.

The licensing board can consider the following disciplinary actions:

  • Fines—Fine amounts can range from hundreds to thousands of dollars. The highest possible fine is $5,000.
  • Letter of reprimand—A letter of reprimand advises a chiropractic practitioner not to proceed with or perpetrate the alleged violation. However, it becomes a public record on the regulatory board's website.
  • Citations—Although citations are considered an option for punishment, they are public records. This implies that potential clients and hiring managers have access to them.
  • Interim suspension—This is only a temporary license suspension. It prohibits the chiropractor from practicing while under investigation.
  • License revocation is the most severe kind of punishment. The chiropractor's license is suspended indefinitely.
  • License probation—If the professional license is put on probation, they could continue to practice as long as they follow the probation conditions.
  • License suspension—In this disciplinary procedure, the chiropractor's license is suspended for a set amount of time. A chiropractor cannot legally practice with a suspended license.

The Complaint Process

If a complaint is filed with the BCE, the process of investigating the chiropractor's actions and making decisions about disciplinary action begins. The complaint can be filed by:

  • A client or patient
  • A client's loved one
  • A professional organization
  • Another chiropractor
  • A public agency

If the chiropractor is found to have committed an offense, the disciplinary process will commence. This process involves the following steps:

Determine Jurisdiction To Hear the Complaint 

Before the case begins, the board must determine if the formal complaint received is within its jurisdiction. After confirming that it is within their jurisdiction, they will carry out a cursory assessment, which may reveal that the claims are based on a personality clash or an unsupported claim, and the case may be dismissed. If the complaint passes the cursory assessment, a more thorough analysis will be conducted.

Investigation of Complaints

The board will inform the chiropractor that a formal complaint has been submitted against them and that an investigation is underway into the matter.

There will be a preliminary investigation into the claims, and the BCE could determine that the complaints made against the professional are not factually correct or that there is insufficient evidence to back them up, resulting in the file being closed with the decision that the submitted complaint has no validity.

The inquiry may disclose evidence that the claims are true but not to the level that warrants pursuing the review. In this situation, the board will close the file on merit.

Gathering Information by the Board's Investigators

A preliminary investigation may include investigators visiting the professional under scrutiny to acquire information. If you are being investigated, you should not willingly provide any details. This is because the information provided could be used against you. The information can give the regulatory body grounds to seek formal action.

An experienced chiropractic license defense attorney can help you resolve your case without facing disciplinary action. They can also provide the assistance you need to manage the board's investigation.

If the claims are true and the disciplinary board chooses to continue examining the allegations, it may decide to address the situation internally. On the other hand, if the chiropractor is found guilty of the charges, the board may issue a letter of reprimand, fine, citation, or other suitable disciplinary action.

At this stage of the process, you will need the assistance of a lawyer, who may be able to negotiate an administrative penalty that the board would not publicly announce to customers and patients, thereby protecting your image.

Refer the Case to the Attorney General

The BCE will refer the case to the Office of the Attorney General if it determines that the case requires further review. This can lead to the revocation or suspension of a professional license. The attorney general can then arrange for a hearing presided over by an Administrative Law Judge (ALJ) from the California Office of Administrative Hearings. This hearing is similar to a formal trial.

Submission of Evidence and Information

As the accusing party, the BCE must present clear and persuasive evidence through the office of the attorney general. Before the proceedings begin, both sides can participate in the inquiry process, allowing them to share witness details and records. Both parties can also provide evidence supporting their respective positions during the procedure. The ALJ then examines facts from the chiropractor and the prosecutor's office and listens to testimony at the hearing.

You may submit evidence both without and with the assistance of a lawyer. However, you should retain an experienced attorney to defend you so that you can achieve the best possible outcome.

Issue of Recommendation

Once the proceedings are completed, the ALJ has 30 days to make a recommendation. It is called a "recommendation" since it is not binding on the board. In other words, the board may disregard this proposal and proceed with its independent decision. Alternatively, it can adopt the recommendations in part or whole.

Factors Considered When Issuing a Recommendation

The ALJ can consider the following factors when issuing their recommendation:

  • The nature of the harm that may have resulted from the misconduct
  • Evidence that the chiropractor has completed rehabilitation
  • If a patient or the general public suffers actual harm
  • Whether the chiropractor is currently handling one or more complaints
  • If a felony conviction occurred years ago and the chiropractor followed all probation conditions
  • Whether the chiropractor in question has a history of disciplinary actions or penalties on their professional record
  • The seriousness and type of the violation
  • Whether the chiropractor benefited financially from their conduct
  • The level of negligence or incompetence demonstrated by the conduct, if any
  • Whether the wrongdoing was unintentional or intentional

If the medical professional finds the disciplinary action overly severe or unfair or simply objects to it, they may appeal the board's decision. Appealing means requesting that the appellate court with authority over the case examine the board's decision.

The appellate court's review simply seeks to determine whether the entire process was carried out properly and without error. It does not lead to an independent appraisal of the evidence submitted, nor does it allow for the introduction of new evidence or a retrial of the case.

If your license has been suspended or revoked, you may apply for reinstatement or amendment after a certain time period.

Common Actions That Constitute Professional Misconduct For Chiropractors

Different activities are considered professional misconduct for chiropractors practicing in California. The following behaviors are considered professional misconduct and thus justify disciplinary action by the BCE:

  • Providing chiropractic services without a valid license
  • Gross negligence, incompetence, or fraudulent conduct.
  • Failure to recommend a patient to a different healthcare provider
  • Signing or creating fake documents
  • Alcohol or drug abuse, including driving under the influence
  • Failure to appropriately monitor your employees and assistants
  • Healthcare billing or insurance fraud, such as overbilling and incorrect charging
  • Practicing without a license
  • Deceptive, misleading, or fraudulent advertising
  • Sexual harassment and inappropriate client interactions
  • Improper, false, or poor recordkeeping
  • Excessive therapy
  • Intentionally providing misleading statements
  • Making unauthorized disclosures of patient information
  • Accepting referral rebates and fees
  • Convictions of felony or misdemeanor offenses significantly related to chiropractic duties or functions
  • Payment schemes that involve kickbacks
  • Using spinal manipulation in place of vaccines
  • Practicing while physically impaired
  • Actively participating in theft

Categories of Violations and Recommended Disciplinary Measures

The board usually considers four categories of professional misconduct to determine the proper disciplinary measure to take, which are as follows:

Category One Violations

This category involves minor but potentially dangerous violations and repeated minor infractions. Examples include failing to provide accurate treatment records when requested, failing to notify the BCE about company address changes, and operating without a valid license. The ultimate disciplinary penalty, like with other types of misconduct, is a revocation of the license, with a two-year probationary period as the minimum.

Category Two Violations

This class covers activities that can result in serious disrespect for chiropractic principles, ethics, or public safety precautions. It includes infractions such as failing to attend an administrative proceeding, unauthorized release of patient data, and false advertising. The most severe disciplinary action, like with all other types of misconduct, is the revocation of a license. The minimal disciplinary penalty is a three-year license probation.

Category Three Violations

This category includes significant criminal offenses, though less severe than others. They may involve offenses of moral turpitude, sexual misconduct with customers, gross negligence, fraudulent or misleading claims, aiding and abetting unauthorized activities, unlawful practice of medicine, and so forth. In this category, the minimum disciplinary sanction is a 30-day license suspension followed by five years of probation.

Category Four Violations

This category contains the most serious violations and involves a single disciplinary action: license revocation. There are no disciplinary options for violations in this category. It includes the most serious convictions, such as fraudulent activity, physical assault, excessive treatment, sexual misconduct, and utilizing a chiropractic license for sexual purposes.

If the alleged chiropractor fails to appear at a disciplinary hearing or submit a notice of defense, their license may be revoked. If a chiropractor violates the terms of probation from a previous disciplinary order, their license may be revoked. The disciplinary measure imposed is determined by the nature of the misconduct as well as any aggravating or mitigating circumstances presented before or during the formal administrative hearing.

If you face disciplinary measures and penalties, you will need the assistance of a dedicated, compassionate, and professional attorney to protect your constitutional rights and advocate for your interests.

Find a Competent License Defense Attorney Near Me

At Santa Cruz License Attorney, we know how valuable your professional license is. We also recognize how challenging the Board's review process can be if a complaint is filed against you, and how the imposed penalty can significantly impact your career and life if you are found guilty of the charges. If you are facing accusations that could jeopardize your license, you should have an experienced attorney by your side to provide guidance, legal counsel, and representation. We have extensive experience handling chiropractic-related issues.

Our legal team has assisted licensed chiropractors and those pursuing a chiropractic license in Santa Cruz with all of their license requirements and legal defense when accused of professional misconduct. Call us at 831-732-4390 to schedule a free consultation and learn more about our services and how we can help you with your case.