A podiatric professional license builds trust with your patients and clients. It shows that the California Board of Podiatric Medicine overseeing your career has vetted you, and you have satisfied every professional requirement. It also verifies that you have the skills and knowledge to complete your job duties and that you have taken your work seriously by undergoing training to remain current in your preferred line of work. That means any complaint against you or a criminal conviction could jeopardize your career, resulting in disciplinary action like revocation, fines, or suspension. At Fresno License Attorney, we recognize that legal representation can increase the chances of minimizing or avoiding these devastating outcomes. Once you contact our office, we can evaluate your case to determine the best action and protect your rights.

Who is a Podiatrist, and What Do They Do?

A podiatrist is a medical specialist who helps with issues affecting the lower legs or feet. They can perform surgeries, reset broken bones, order laboratory tests, and prescribe medication. Some of the conditions they treat include the following:

  • Sprains and fractures.

  • Hammertoes and bunions — A bunion occurs when the joint at the base of the big toes becomes bigger or knocked out of place. A hammertoe is a toe that does not bend appropriately.

  • Diabetes.

  • Nail disorders.

  • Growing pain.

  • Arthritis.

  • Heel pain.

  • Morton’s neuroma.

Sometimes, podiatrists recommend physical therapy, padding, and orthotics to treat health conditions.

While podiatrists are doctors, they do not attend conventional medical schools. Instead, they have their own schools and professional associations. Additionally, they have a doctor of podiatric medicine after their name instead of a medical doctor.

You attend podiatry school for four years as a podiatrist, studying how nerves, muscles, and bones work together to aid you in moving. Additionally, you learn about the different injuries and diseases that can impact feet, including diagnosing and treating them and how to address issues with surgical intervention if necessary.

California Board of Podiatric Medicine’s Mission

The leading responsibility of the California Board of Podiatric Medicine is not to help podiatrists. Instead, it safeguards podiatrists’ patients and the general public. It is the board’s mission to:

  • License qualified experts and limit professional licensing.

  • Impose different disciplinary measures on incompetent professionals while seeking to realize the objective of secure and effective foot and ankle treatment for all residents of California.

The licensing agency is more concerned with ensuring patients and clients do not suffer injury when receiving treatment from a podiatrist and maintaining the highest standard of care in podiatric medicine practice.

Any person, including any colleague or patient, can file an accusation against you. In this case, you need a professional license defense attorney to fight for your license. The lawyer will represent you before the board and present essential exculpatory and mitigating proof supporting your defense against the allegations against you. An experienced lawyer will also fight against potentially harsh disciplinary measures that could affect your career and livelihood.

A podiatrist could face several types of complaints or accusations from their patients, including the following:

  • Engaging in an unlicensed podiatry practice.

  • Patient abandonment.

  • Fraudulent activity, including insurance fraud.

  • Employing unlicensed assistants.

  • Inadequate record-keeping.

  • Obtaining a California professional license fraudulently.

  • Substance abuse or operating while drunk.

  • Falsifying records.

  • Incompetence or gross negligence while conducting their duties.

  • Failure to refer patients to other doctors if a need arises.

  • Have a conviction, whether for a misdemeanor or felony, that could considerably affect your ability to practice podiatry professionally.

There are various actions and responses that the licensing board could take following a patient’s complaint, including the following:

  • Taking no account of the complaint without conducting further investigations — The board will disregard the issue if the complaint is unmerited.

  • Investigating it.

  • Forwarding it to the prosecutor for the filing of a formal accusation consideration, during which the licensing agency will seek a license suspension or revocation.

Additionally, the licensing board could seek an interim suspension order (ISO), which immediately suspends a podiatrist’s ability to practice until the board conducts an administrative hearing under certain time frames.

Due to the wide range of disciplinary actions the licensing agency imposes based on the available evidence, as a licensed practitioner under investigation, you should enlist the services of an experienced professional license defense attorney to fight for your license and livelihood.

If the board serves you with a formal accusation, it can lead to your professional license revocation if you fail to defend it competently and aggressively. You have a relatively short time frame to bring a Notice of Defense, usually fifteen days from when the board served you the accusation. Next is an administrative hearing before an ALJ (administrative law judge), who will listen to and review the available witnesses and evidence and then issue a proposed disciplinary action about 30 days following the hearing. However, the 30-day time frame is not always complied with.

Once the ALJ renders their proposed decision, the agency will decide what action to take; the ALJ’s decision is non-binding. The licensing board will analyze the ALJ's recommended decision and might do any of the following:

  • Adopt its entirety.

  • Modify part of it.

  • Reject the decision and require the involved parties to present more briefings on issues that could have arisen.

  • Proceed to an administrative hearing.

After the board has made its final decision, known as decision and order, you can appeal it only within a specific time frame.

Some of the disciplinary actions the board can impose against you include the following:

  • License revocation.

  • License suspension.

  • Probation.

  • Paying fines.

  • Interim suspensions.

What to Do After Your Arrest or a Person Files a Complaint Against You

Suppose any person has filed a complaint against the board, or you are under arrest for any offense. In that case, the board and its representatives will send you an accusation and accompanying instructions known as a “Statement to Respondent.” After receiving these documents, the first thing to do is to read them carefully.

You should only give an interview to the licensing board, district attorney, or police if you hire an attorney and have legal counsel present. The investigators and authorities have a responsibility to safeguard the public. They are not there to assist you despite claiming they are. Instead, their priority is convicting you of an offense and revoking your professional license.

Sometimes, the board might try to convince you that you do not require legal representation and can handle the issue independently. It is false and could result in an unfavorable case outcome. The board representative can also suggest that you have limited options and accept the offer they throw at you. The tactics are misleading, so you must not discuss your matter with anyone other than your defense attorney. An innocent comment could be used against you. On the other hand, what you tell your attorney is protected by attorney-client privilege.

Your lawyer should put their knowledge, experience, and expertise into handling the matter. It includes the following:

  • Handling all communication on your behalf.

  • Guiding you throughout all stages of the disciplinary process, even when an administrative hearing is required.

  • Collecting evidence and documentation that can strengthen the case and protect your license and rights.

This is the time to collect and organize relevant investigation records. The records can assist in changing your defense’s narrative. It is not your word against the complaint but your records against the complaint. Also, avoid altering or hiding any documents, even when they paint a bad picture of you.

Finally, do not tell your boss about your suspected investigations or arrest. It is also wise to refuse to engage in the final human resources meeting, in which a worker about to be sacked is allowed to make a verbal or written statement. Resigning is a preferred option to termination. During your initial consultation, your license defense attorney should discuss the available strategies.

Renewing Your Professional License

To ensure your renewal is timely, you should submit your renewal form and fee more than six weeks before expiration. The state does not permit a grace period for podiatric professional license renewal. After expiring, the license becomes invalid, and your practice becomes unlawful.

Under Business and Professions Code 494.5, the State Board of Equalization and the Franchise Tax Board can share taxpayer details with your licensing agency. The law obligates you to meet state tax obligations. Otherwise, the board could suspend your license.

You must fill out and submit your renewal form and pay the relevant fee if you want to renew a professional license whose status is military, disabled, retired, or inactive.

You should reveal if, since the previous renewal, you have faced any government agency professional license disciplinary action, have pleaded guilty, or have been found guilty of any offense. You are not required to list the following:

  • Criminal charges under PC 1000.3 or identical non-California law.

  • Convictions at least two (2) years under HS Sections (e), (d), (b), (c), or Section 11360 b.

A conviction entails a no-contest plea or any conviction deferred or set aside under PC 1203.4 or 1000, including felonies, misdemeanors, and infractions.

The applicant does not have to report an infraction conviction punishable by fines that do not exceed $300 unless their infraction involves controlled substances or alcohol. However, they should reveal a conviction for which they entered a no-contest plea and any conviction the court set aside under PC 1203.4 or 1000.

Applying for Your Professional License

The board investigates every podiatrist license applicant, and it can deny a license.

Typically, the denials originate from the following:

  • Omissions or misstatements on the license application.

  • Previous criminal convictions.

  • Any other issue the licensing agency deems essential in deciding whether to grant the license.

  • Professional discipline from another United States state licensing agency.

  • Issues that might have come up during post-graduate training.

If the licensing board denies your application, it will send you a statement of issues that offers you the entitlement to appeal. You have the burden of proof and should retain a lawyer immediately. The legal counsel will develop a defensive approach and strategy at your hearing. The attorney can also work to avoid the hearing and settle with the agency permitting you to pursue your career, whether on probation conditions or not.

Importance of Keeping Your Address of Record Current With the Licensing Board

Most seasoned lawyers will tell you that it is frustrating for most people when a licensing board revokes a professional license by default. It happens when a licensee fails to respond to an accusation or notice of intent to revoke a license.

As a licensee, you should understand that the agency will only serve you at the address of record you provided. It will not try to learn whether you received the mail or not. You might miss vital mailings if you have changed addresses or moved without notifying the licensing board.

Even when you believe you missed a vital article of mail from the California Board of Podiatric Medicine or discovered that the board revoked your license, the law offers a window time frame after the board’s default decision to request a set-aside or removal of your default. It allows you to defend yourself against the allegation and keep your professional license. A knowledgeable lawyer can assist you in understanding your options and safeguarding your legal rights.

Find a Proficient License Defense Lawyer Near Me

The money, dedication, and time you have invested in attending school and obtaining your podiatric license are significant. When your professional license is threatened with suspension, probation, or revocation by an allegation, or when your application is denied with a statement of issues, your livelihood and career could be threatened, and you should act promptly. With many years of experience, a Fresno License Attorney can assist you in getting your podiatric license for the first time or dealing with issues that arise in your career. We can guarantee you the attention you need and stand with you throughout the disciplinary process. For more information on how we can help you, please call our office at 559-777-7040.