An accusation of misconduct or negligence forwarded to the California Acupuncture Board can significantly impact your career as an acupuncturist. Your license is your source of income. Thus, protecting it requires a strategic and knowledgeable legal team.

We at San Jose License Attorney have successfully defended the licenses of acupuncturists across the San Jose area. We know the difficulties involved in the disciplinary procedure and will fiercely protect your rights before the Board. Contact us, and let us examine your alternatives, assess your case, and defend your right to practice acupuncture.

Acupuncture’s Growth as Alternative Medicine

Acupuncture is becoming more and more popular. Many people seek natural and non-invasive wellness options, which acupuncture excellently fills. This is due to the public's increased interest in alternative treatment. Further bolstering public faith is evidence that acupuncture is beneficial in treating a variety of illnesses, including pain and relaxation. As acupuncturists become more integrated into the teams of hospitals and healthcare facilities, the distinction between traditional and alternative medicine is becoming increasingly hazy. This strengthens the position of acupuncture in conjunction with conventional Western medicine by encouraging a more holistic approach to patient care.

Despite these advancements, you still face great risk with your license. Even a baseless accusation is enough to start a complex and potentially devastating disciplinary procedure with the California Acupuncture Board. This could result in a license suspension or revocation, threatening your career and ability to provide valuable care.

The California Acupuncture Board

The California Acupuncture Board (CAB) guarantees the state's acupuncturists practice competently and protects the public's health. Its core mission covers several critical areas.

The CAB is the only agency that issues licenses to acupuncturists. It establishes strict requirements, demanding prospective practitioners have the required training and education. A rigorous licensing exam is the last step in this procedure, guaranteeing that only individuals who pass these stringent requirements are granted a license to practice acupuncture in California.

The CAB oversees and disciplines the industry in addition to licensing. It creates ethical rules that guide acupuncturists in their professional conduct and establishes and upholds practice standards. The CAB outlines the legal practice parameters for licensed acupuncturists and guarantees the appropriate application of sterile procedures to reduce health hazards. This ensures that acupuncture treatments take place within approved bounds.

Customer protection is another priority for the CAB. They offer details on how to check an acupuncturist's licensing and, in case of a complaint, how to file it through the appropriate channels. This openness promotes public confidence in the acupuncture profession and gives patients the power to make educated decisions regarding their care.

Furthermore, the CAB encourages lifelong learning by setting or approving continuing education standards for certified acupuncturists. This guarantees that professionals remain current on recent developments and industry best practices. The CAB protects California's acupuncture care delivery standards by promoting lifelong learning.

List of Issues that Could Compel the California Acupuncture Board to Investigate You

There are various reasons why the California Acupuncture Board would investigate you. Some of the compelling reasons include the following:

  • Professional misconduct — The CAB deals with major ethical transgressions, including drug addiction while providing patient care, inappropriate sexual behavior, patient neglect, and falsified medical records.
  • Patient safety lapses — The board investigates cases of carelessness or incapacity that can endanger patients. These include placing needles incorrectly, neglecting to sterilize equipment, or practicing acupuncture outside of one's field of practice.
  • License fraud — The CAB closely examines individuals who engage in insurance fraud, operate without a valid license, or gain a license through dishonest methods.
  • Compliance concerns — Infractions under the California Health Code or improper record-keeping are grounds for an investigation. This also includes operating an acupuncture clinic without permission.
  • Criminal offenses — If a criminal conviction is "significantly related" to your job, the board will look into it, especially if it affects your ability to practice safely or ethically.

Note: This is not a comprehensive list.

What to Expect When Someone Files a Complaint Against You

The California Acupuncture Board protects public health by ensuring the ethical and competent practice of acupuncture throughout the state. This duty is to investigate and decide complaints made against licensed acupuncturists. The procedure proceeds in phases to assess the accusations fairly and thoroughly.

The CAB first handles complaint intake. It receives complaints from various people, including clients, medical professionals, and even acupuncturists who self-report occurrences. All complaints require write-ups describing the claimed infraction. As a first filter, the CAB rejects baseless or pointless complaints outside its purview.

The CAB initiates an investigation when a complaint passes the first review. The board's investigator collects evidence, which can entail speaking with you, the complainant, and any prospective witnesses. This stage also involves reviewing pertinent documents, including medical records.

The CAB decides on the proper approach following the investigation's conclusion. There are various conceivable consequences, including:

  • Dismissal — The CAB dismisses the complaint and notifies you of this favorable conclusion if the investigation cannot find enough evidence to substantiate the charges.
  • Informal resolution — To avoid a formal disciplinary process and benefit both parties, the CAB could address the complaint quietly through mediation or a settlement agreement.

The CAB files a charge, and an Administrative Law Judge (ALJ) holds a formal disciplinary hearing if there is strong evidence of wrongdoing. Attorneys could attend the hearing on your behalf. Both sides provide arguments and evidence to support their claims.

Following the hearing, the ALJ renders a recommended ruling and suggests several disciplinary measures, such as:

  • Reprimand — The CAB issues a formal censure, acknowledging your misconduct in public but permitting you to continue with your practice. This could damage your reputation and impact disciplinary measures down the road.
  • Probation — The board suspends your license for a predetermined time and imposes requirements, for example, finishing required courses, practicing under supervision, or submitting to reviews. Penalties for non-compliance can be more severe.
  • License suspension — The board suspends your ability to practice acupuncture in California for some time. The suspension length corresponds to the offense's seriousness and could majorly affect your career and the income you generate from practicing acupuncture.
  • License revocation — The CAB cancels your license indefinitely, preventing you from practicing acupuncture in California. This is the worst punishment and is usually reserved for severe violations, like persistent misconduct, serious patient injury brought on by carelessness, or practicing without a license. Regaining a license following a revocation is a challenging and intricate procedure.

After considering the ALJ's suggested ruling, the CAB issues a final order that could accept, amend, or reject the recommendations. If you are unhappy with the outcome, you can appeal by taking the final order to court. There is a deadline for CAB decision appeals.

The time limit for appealing a "final" decision, like the termination of a license, is only thirty days. The deadline for contesting a citation is considerably shorter, 15 days. If you do not take action within these limits, you will completely lose your ability to file an appeal.

Can Criminal Charges Affect Your California Acupuncture License?

If you face criminal charges, you could face extra scrutiny from the California Acupuncture Board. The board’s authority to restrict licenses under Business and Professions Code Section 490 shows how seriously they take misconduct by licensees.

Nevertheless, not all criminal charges automatically result in license restrictions from the board. The violation must impair your capacity to do acupuncture safely and ethically. A DUI conviction, for example, casts doubt on your judgment and safe driving during patient visits, which could affect your eligibility to practice.

The board has created categories of violations considered "substantially linked" to your activity to offer greater clarification. Convictions in these categories could result in license restrictions, including:

Crimes that Affect Trust and Conduct

Sexual battery and domestic abuse offenses seriously damage the public's confidence in your capacity to act morally and keep a secure treatment environment. Under California law, domestic violence is a violation of Penal Code 243e and 273.5, whereas sexual battery violates Penal Code 243.4.

Financial Crimes

Financial crimes that involve theft cast doubt on your integrity and financial responsibility, which affects your capacity to run a business morally. These crimes fall into three categories, namely:

  • Grand theft, a crime under Penal Code 487
  • Petty theft, a violation of Penal Code 484, and
  • Insurance fraud, a crime under Penal Code 550

Substance Misuse

Substance misuse, depending on its severity, can cast doubt on your ability to practice safely and exercise sound judgment when treating patients. Some of the crimes that could land you in trouble include:

  • Driving Under the Influence of alcohol (DUI) or drugs (DUID) — This is a violation of Vehicle Code 23152
  • Simple possession of a controlled substance — This is a crime under Health and Safety Code 11350
  • Possession for sale of a controlled substance — This is a crime under Health and Safety Code 11351

California Acupuncture Board and License Restrictions During Criminal Cases

The California Acupuncture Board (CAB) possesses extensive reach when an acupuncturist faces criminal charges. This power includes the ability to ask for licensing limits imposed by a court using one of three main channels:

  1. Pre-Trial Restrictions

Pre-trial restrictions are a precaution when criminal charges raise questions about your ability to perform properly as an acupuncturist. This worry emerges from the nature of the alleged conduct or potential risks associated with unrestricted practice.

The particular limits recommended by the CAB can vary depending on the case. However, some examples include:

  • Limitations on scope of practice — The court could restrict the types of patients you can treat or the strategies you can apply.
  • Supervision requirements — You could be required to practice under the supervision of another certified acupuncturist.
  • Restrictions on patient interaction — The court could limit your unsupervised contact with patients, requiring a chaperone to be present during appointments.
  • Administrative requirements — You could be forced to finish additional education or training programs.

  1. Sentencing-Related Restrictions

You could encounter a second hurdle when facing criminal charges: sentencing-related restrictions. If convicted, the CAB could push for particular limitations in your sentencing.

Following a conviction, sentencing limits aim to mitigate potential risks and ensure that you prioritize patient safety and ethical conduct if you continue practicing. The limits will depend on the nature of the criminal offense, the severity of the sentence, and the risks the board identifies.

Examples of sentencing restrictions include:

  • Practice limitations — The court could restrict the types of patients you can treat or the techniques you can use. This could imply constraints on treating specific patient populations or forbidding certain high-risk operations.
  • Supervision requirements — You could be required to practice under the supervision of another licensed acupuncturist for a defined duration. This would ensure responsible practice through close monitoring.
  • Continuing education — The court could impose additional education or training programs. These programs could focus on ethics, professional boundaries, or substance abuse therapy (if relevant) to address the underlying problems indicated by the conviction.
  • Community service — The court could mandate community service relating to healthcare or public safety.

  1. Interim Suspension

An interim suspension is a serious sanction that the board only uses in grave circumstances. It is usually reserved for situations where criminal accusations directly compromise public confidence. It can also be used when the acupuncturist's capacity to perform safely and morally is compromised. Here are a few instances:

  • Violence or sexual misconduct — Violations like sexual battery, assault, or domestic abuse undermine public confidence. Acupuncturists get patients' trust regarding their health, so accusations of this nature pose significant questions about maintaining a morally and safely compliant treatment environment.
  • Substance misuse — Drug or alcohol misuse, depending on the severity, can significantly impair your judgment and capacity to perform safely. This immediately affects patient safety and calls for a brief stop until you address the underlying problems.
  • Financial crimes — Theft-related offenses and fraudulent activity raise questions about morality and financial accountability. These accusations could affect your capacity to run a practice responsibly, which may cause patients or the profession's reputation to suffer.

You could face an interim suspension of your license. In these exceptional circumstances, public safety comes first.

Find an Acupuncturist License Defense Attorney Near Me

Criminal charges and allegations cause chaos among acupuncture patients and practitioners. The board’s recommendations only add to your stress. However, should you encounter these difficulties, you do not have to handle things alone.

At San Jose License Attorney, we offer crucial assistance at any point during the court proceedings. We provide information about any CAB activities and the possible repercussions of the criminal charges. We also push for fewer interruptions to your practice and contest unwarranted restrictions. With our experience, you can concentrate on finding a solution for your legal problems while they protect your right to continue providing patient care.

Call us today at 408-850-3740 and let us help you get back on track.