Chiropractors dedicate much of their time to training and learning skills to improve the well-being of patients seeking alternative treatment. Therefore, if you face an investigation or a complaint against you, you might feel like your career is on the line.

After receiving such complaints, the California Board of Chiropractic Examiners (CBCE) can subject you to a disciplinary process. Your license could be suspended, revoked, or placed on probation if found guilty. Due to the harsh consequences, you want to hire an experienced legal representative to defend your practice and reputation.

At Fresno License Attorney, our attorneys are experienced in representing chiropractors in administrative hearings and defending their licensure. We could help you maneuver the disciplinary process, fight for your rights, and protect your license.

The Role of a Chiropractor

A chiropractor is a healthcare professional who diagnoses musculoskeletal issues and treats them through spinal adjustments. As a chiropractor, you aim to alleviate pain, improve mobility, and promote overall patient wellness. You use various techniques, including adjustments, physical therapy, and lifestyle counseling, to help patients recover from mechanical disorders of the musculoskeletal system and maintain their health.

To obtain your license, you must complete vigorous training. The CBCE issues the chiropractic license before you can start your practice.

In your practice, you develop tailored treatment plans that address different mechanical disorders of the musculoskeletal system. You use these plans to educate your patients about their musculoskeletal conditions and how to prevent future problems. You also advise on proper nutrition, physical activities, and stress management.

You also know how to examine patients' medical records and investigate their musculoskeletal condition using X-ray and MRI machines to provide holistic services. You also know when your patient is required to seek conventional medicine.

However, patients may file a complaint if they feel dissatisfied with their care. You want to know your responsibilities and the standards you are expected to meet to avoid situations where your patients feel dissatisfied and maintain your integrity.

The Role of The California Board of Chiropractic Examiners

The California Board of Chiropractic Examiners (CBCE) regulates the chiropractic profession. It aims to protect the public by ensuring that chiropractors meet professional standards and adhere to ethical practices. The board ensures that every chiropractor acts with the utmost discipline. Once you are done with your training and clinical practices, you apply for a chiropractic license.

After reviewing your application, the CBCE issues chiropractic practice licenses after ensuring you meet the qualifications. You could be denied licensure if you do not meet the requirements. The licensing board also enforces compliance with California laws and investigates complaints against chiropractors.

When a complaint is filed against you, the CBCE thoroughly reviews the details to determine whether any violations have occurred. A review may involve gathering evidence, interviewing witnesses, and assessing your records. If the complaint against you holds water, the board can issue a warning or impose disciplinary measures, depending on the severity of your violation.

You can face disciplinary action if:

  • You violate any Health and Safety Code
  • You go against the California Code of Regulations
  • You act against the Chiropractic Initiative Act
  • You act against the California Business and Professional Code

The CBCE also requires chiropractors to have ongoing training even after receiving their licenses to be aware of the most recent findings, practices, and methods for better chiropractic treatment. You want to further familiarize yourself with the roles and processes of the CBCE to ensure that you maintain compliance with the practice’s standards. You will also know what to expect if a complaint is filed against you.

Complaints That The California Board of Chiropractic Examiners Handles

Some complaints that the CBCE handles include the following:

Fraud or Misrepresentation Allegations

You could face fraud or misrepresentation allegations if you lie about your qualifications, the effectiveness of a particular spinal treatment, or the necessity of specific musculoskeletal therapies.

Negligence Allegations

A patient could accuse you of negligence. For example, if you failed to provide the standard of care expected by your chiropractic practice or if you abandoned your patient after noticing something was off, leading to injury or harm

Substance Abuse Allegations

You could face substance abuse allegations if you are offering care while under the influence of alcohol or drugs. If a patient can smell this substance on you or you show any signs of someone under the influence of any unauthorized substances, they can file a complaint against you.

Boundary Violations Allegations

As a chiropractor, you must maintain professional boundaries with your patients. If you touch them inappropriately, a patient could file a complaint against you, resulting in severe consequences.

Failure to Obtain Informed Consent

Before any procedure, you must fully inform your patients about their treatment options and potential risks. Your patient could file a complaint against you if they were not adequately informed.

Categories of Crimes That Could Make You Lose Your Chiropractic License

Some of the crimes that could result in you losing your license are categorized as follows:

Minor Crimes

This category includes violations that result in minor harm to patients, such as minor adjustments of the skeletal bones leading to temporary discomfort. Other minor crimes include:

  • Not providing your patient with treatment records
  • Not displaying your license correctly
  • Not updating information about your current address

Even though these minor crimes may not yield severe consequences, your patient could file a complaint against you. If found guilty, your licensure could be subject to a minimum of 1 or 2 years of probation. Depending on the circumstances of your case, your license could also be revoked.

Severe Crimes

This category encompasses crimes that show you disregarded your patients, California law, and the work ethics expected of a chiropractor. The crimes include the following:

  • Engaging in fraudulent behavior
  • Advertising that you treat patient’s sexual disorders
  • Sharing critical patient information without their consent
  • Failing to adhere to the call to attend an administrative hearing for any other crime you may have committed.

If you are accused of a severe crime, you could face immediate investigations and a potential loss of your license. If convicted, you could be sentenced to serve 3 years of probation.

More Severe Crimes

This category involves violations that cause significant harm to patients. They include the following:

  • Gross negligence resulting in injury
  • Being in an intimate relationship with a patient
  • Alcohol or substance abuse
  • Refusing to release your patient to seek conventional medical care when your practice has failed
  • Engaging in practices out of your jurisdiction and expertise
  • Engaging in crimes of moral turpitude

If you are found guilty, your license could be suspended for at least 30 days, and you could serve 5 years of probation.

Most Severe Crimes

These offenses result in the severest harm to the patients. If found guilty, you could face license revocation without an option for lighter penalties. You should know that your license being revoked is a permanent consequence that could affect your career.

Your lawyer will help you build solid defenses to fight any accusations, regardless of the severity of the crime. An experienced attorney will cross-examine the plaintiff to expose any inconsistencies in their accounts. This could lead to dismissing the allegations against you and saving your career.

Your lawyer will also interview key witnesses who can vouch for you and gather evidence sufficient to compel the administrative judge. However, if found guilty, your skilled lawyer could still present mitigating factors that convince the judge to give you a lighter sentence.

The judge who is presiding over your hearing at their discretion will decide the minimum, maximum, or intermediate sentence you deserve.

Some of the factors that could influence the judge’s decision include the following:

  • If you engaged in fraud while executing the crime
  • If you engaged in the crime intentionally or accidentally
  • If you successfully completed your probation and adhered to every requirement
  • Proof of completing probation if you have been accused of drug or alcohol abuse
  • The nature of the crime you committed
  • The severity of the injuries incurred by the patient
  • If you have been charged with more than one crime
  • If you are a repeat offender

The Process of Initial Complaint, Investigations, and Disciplinary Action for Chiropractors in California

When a complaint is filed against you, the California Board of Chiropractic Examiners (CBCE) will follow a disciplinary process. You want to hire the legal services of a competent attorney who will explain the process in simple terms. This will enable you to know what to expect.

     1. Filling of the Complaint Against You

The process begins when a formal complaint against you is submitted to the CBCE. This could come from a patient, a colleague, or a relative. The board will receive and review the complaint to decide whether it warrants an investigation. The board will then categorize it according to its severity and urgency. You will then be notified through mail or email that a complaint has been filed against you and that investigations will be done.

     2. Investigations done by the CBCE

After receiving the complaint, the CBCE will review it to establish whether it is viable and within its jurisdiction. The board does not handle every complaint, as other organizations are meant to handle certain complaints. For example, disputes that stem from personal conflicts, fees, or billing are outside the board's jurisdiction.

However, complaints involving fraud, sexual misconduct, gross negligence, and incompetence are within the board’s jurisdiction and are prioritized. If the complaint is within its jurisdiction, the board will first send you a message via mail or email informing you that a complaint has been filed against you.

The board will then assign the complaint to its enforcement team, which will thoroughly investigate, gather evidence, interview witnesses, and review your patient's medical records to ascertain that you committed the crime that has been filed against you.

The board may also want to interview you to learn more about the nature of the crime. However, you do not want to face them alone; your lawyer can conduct the interview on your behalf to prevent you from incriminating yourself.

If, after the investigations, the board finds out that the complaint is not viable and that you are a victim of false accusations, they will drop your case at this point. However, if there is substantial evidence that you are guilty of the crime you were accused of, your case will proceed to the attorney general’s office.

     3. Formal Accusation

Once the board establishes substantial evidence from its investigation, it will forward the complaint to the attorney general, who will officially file the allegations against you. The CBCE will then inform you that the attorney general has filed the complaint, and you must respond within fifteen days if you want to retain your license.

Your lawyer will help you respond by filing a notice of license defense. However, if you fail to respond promptly, you could lose your license automatically.

     4. Administrative Hearing

You will then have to proceed to the Office of Administrative Hearings (OAH), where an administrative hearing will be held presided over by an ALJ (Administrative Law Judge). Your lawyer will help defend you and expose any inconsistencies in the plaintiff’s narrative.

Your case could be dismissed if your lawyer convinces the judge that you are a victim of a false accusation. However, if the judge is confident you are responsible for the crime, you could face disciplinary action.

     5. Disciplinary Action

The judge will recommend to the board disciplinary action against you if you are guilty. Possible actions include:

  • Fine and citation
  • Issuance of reprimand letter
  • License probation
  • Interim suspension
  • License revocation

Find a Chiropractic License Defense Attorney Near Me

If you face an investigation or disciplinary action from the CBCE, you should retain a competent license defense lawyer who can represent you. At Fresno License Attorney, we can provide you with personalized legal support. We will help build a solid defense that could result in you maintaining your professional standing and exposing false accusations that could have otherwise destroyed your career. Contact us today at 559-777-7040 to review your case.