Complaints and investigations against chiropractors in California present difficulties in preserving their professional licenses. As a chiropractor, you have to provide the best standard of care to your patients, as you know that your job and career are on the line if any mistake occurs.

Unfortunately, complaints by your patients to the California Board of Chiropractic Examiners (BCE) could lead to investigations, and if you are found guilty, your license could be revoked or suspended. This could jeopardize your career. Some of the complaints may result from misunderstandings, dissatisfaction by the patient, or your fault.

For a chiropractor under investigation or who has received a complaint, the best thing to do is hire a license defense attorney with experience defending other chiropractors from losing their licenses.

At San Jose License Attorney, we defend chiropractors against charges laid before the California Board of Chiropractic Examiners. Our attorneys have many years of experience and are ready to defend you and uphold your rights throughout the complaint and disciplinary process. Contact us today for a free consultation.

An Overview of the Role of Chiropractors

Chiropractic is a healthcare profession practiced by chiropractors. They are concerned with diagnosing and managing conditions influencing the musculoskeletal and nervous systems, mainly through adjustments or manipulation of the spine.

As a chiropractor, you are determined to treat pain, restore movement, and support your patient’s body’s capacity to heal itself naturally. Your practice may include spinal manipulation, soft tissue mobilization, and exercise therapy, among other things.

To practice chiropractic in California, you must be licensed by the California Board of Chiropractic Examiners. This shows that you have met all the educational and ethical requirements of practicing as a chiropractor.

This licensure requires you to undergo an educational program, pass the board’s tests, and continue your education as things and practices worldwide change. You are also expected to run a professional practice and observe laws and regulations set by the government.

As a chiropractor, you also incorporate modern practices such as assessing the musculoskeletal and nervous systems with MRI and X-rays to assess your patients' conditions. You also know when to recommend that your patient seek contemporary medicines.

However, if your patient is dissatisfied, they could raise complaints with the board, and if you are declared guilty, this could adversely affect your career.

Understanding the Duties of the California Board of Chiropractic Examiners

The California Board of Chiropractic Examiners (BCE) is California's governing body of chiropractors. Its duty is to regulate the practice of chiropractic and the providers of this service. The board was created under the Chiropractic Initiative Act of 1922, and its mandate is to license and regulate the practice of chiropractic to safeguard the public's health.

The board is also responsible for implementing the laws and regulations governing chiropractic practice in California and, therefore, investigates complaints, issues citations, and takes appropriate disciplinary measures against chiropractic practitioners.

The board also evaluates each chiropractor's qualifications, confirms their completion of continuing education, and ensures compliance with the laws that regulate chiropractic practice. The board also has the power to annul or cancel a license if you do not comply with the standards of the practice or if you acted unprofessionally.

The BCE also advises chiropractors on acceptable behavior and keeps them updated with any changes to laws or regulations regarding disciplinary actions. This helps prevent the delivery of substandard chiropractic services.

Common Complaints Brought to and Reviewed by the BCE

The BCE receives and reviews various complaints that may be forwarded to them by your patients, their family members, or even your colleagues. Such complaints may revolve around allegations of misconduct, substandard care, or unethical behavior. Some of the most common complaints received and investigated by the BCE include the following:

  • Unprofessional Conduct: This consists of any unethical behavior in your chiropractic profession, such as sexually harassing patients, improper advertising of patients during sessions, or misleading your patients about treatments.
  • Negligence or Substandard Care: California has a set standard for how chiropractors should practice their profession while handling patients. Malpractice can be alleged where conditions are missed; the wrong treatment methods are used, or injuries from chiropractic manipulations.
  • Fraudulent Billing: You could face disciplinary action for billing for undelivered services. Insurance companies may label specific claims as fraudulent if a patient complains of overpricing the services, which could lead to a board investigation.
  • Practicing without a Valid License: You have to possess an active and valid license to practice chiropractic in California. If your license is not renewed or you continue practicing with a suspended or revoked license, you could face disciplinary actions from the board.
  • Drug or Alcohol Abuse: When you are accused of substance abuse that compromises your practice, then you could be subjected to an investigation and sanctioning. When you are impaired, you pose a significant risk to your patient, and your actions could even lead to their death.

How the California Board of Chiropractic Examiners Handles Complaints

The disciplining process of a chiropractor in California begins when the BCE receives a complaint about you through the BCE’s complaint process. A complaint can be filed against you by a patient, their loved ones, or a colleague. The main aim of this process is to serve the public by responding to any malpractice cases by chiropractors. Some of the ways in which the BCE handles complaints include the following:

  • Initial Review: When the board receives the complaint against you, it first considers whether the case is authentic and whether it is severe. Not all complaints are followed up by the board. Minor complaints are dealt with administratively. In minor cases, you could be reprimanded or told to seek counseling if you did not violate any law.
  • Investigation: If the complaint is considered significant, the board will conduct an investigation. The board will deploy an investigator who will gather evidence against you. This process will involve interviewing the complainant, witnesses, and you to hear your side of the story. You will be required to provide the necessary paperwork, including your patients' files, bills, and testimonies from your colleagues.
  • Expert Review:  If the complaints are of the technical nature of the chiropractic practice, the board may seek the assistance of experts in the chiropractic field to determine whether you provided substandard care to your patients. This ensures that all the decisions the board makes are well-informed by professionals.
  • Formal Accusations: In cases where there is proof of misconduct, the board may proceed to pass a charging document against you. In this document, you will find the details of the exact accusations and the offenses you have committed per the Chiropractic Initiative Act.
  • Settlement or Hearing: You can negotiate or go for an administrative trial if you receive a formal allegation. At the administrative hearing, an Administrative Law Judge (ALJ) evaluates the evidence and the witness statements and will recommend disciplinary actions if you are declared guilty.
  • Final Decision: Having lost at the administrative hearing, the board will read the recommendation made by the ALJ and decide on the disciplinary action that will be taken against you. These may include suspension or cancellation of a license or a fine.

This is an elaborate complaint-handling process aimed at achieving a fair outcome for you and the complainant. Therefore, you should seek the services of a license defense attorney who will protect your rights and uphold your profession.

How the Board Categorizes Violations and Disciplinary Penalties

The board divides the different violations you can be accused of as a chiropractor into classes; each class has its own recommended disciplinary action determined by the severity of the offense you committed. These categories assist in maintaining order when addressing the complaints about your misconduct. The four main categories are:

Category I

Category I includes minor offenses, usually administrative, that do not involve the actual practice. Examples include failure to renew your license on time and lack of proper documentation of continuing education units. The disciplinary actions for these violations include paying fines, a written warning, and license probation for up to 1 or 2 years.

Category II

These violations are severe and include negligence or misconduct that does not result in the physical harm of your patients but does indicate substandard care. They include any issues with the patient's records, being rude to the patient, sharing your patients' medical information without their permission, conducting advertisements that state that you treat sensual disorders, and failing to attend an administrative hearing, even if it is for other offenses you committed. You could face license probation of up to 3 years if found guilty.

Category III

These violations are more severe and have potential risks to your patients. They include practicing while under the influence of alcohol or drugs, conviction for a crime of moral turpitude, gross negligence, sensual relations with your patient, being a repeat offender, and failing to refer your patient for contemporary treatment when they require it. If found guilty, your license could be suspended for 30 days, and you face up to 5 years of license probation.

Category IV

Category IV includes serious or reckless misconduct and negligence that can harm a patient. Other violations in this category can also involve sexual misconduct, criminal charges related to chiropractic, and fraudulent billing. The offenses attract the worst penalties, including revocation of your license.

The maximum penalty for all these categories is license revocation. Therefore, you should seek the services of a competent license defense lawyer who will ensure that you safeguard your license.

Aspects that a Judge Takes into Account Before Issuing Disciplinary Measures

The administrative law judge (ALJ) considers Section 503 of the combined appeals and review process and other factors when determining disciplinary actions to take against you. These factors guarantee that the punishment imposed fits the offense committed. The following are the key factors considered by the judge:

  • The Severity of the Violation: The judge evaluates the type and severity of your crime. Therefore, crimes such as gross negligence, fraud, or sexual misconduct with your patient could result in much stricter penalties than offenses like simple neglect.
  • Intent and Awareness: Your intent as a chiropractor plays an essential role. Fraudulent billing, for instance, will attract harsher punishment than negligence or omission that was not done deliberately. The judge will determine whether your actions were intentional or resulted from a mistake.
  • Harm to Your Patients: The judge's decision may be influenced by the degree of damage you have caused your patients. If you commit an offense that could cause physical or emotional suffering to your patients, you could face suspension or revocation of your practice license.
  • History of Prior Disciplinary Actions: Your discipline history is examined to determine if you have a pattern of misconduct. If you have been disciplined before, the judge could recommend stricter disciplinary actions since such conduct shows that you continually disregard the professional rules of conduct.
  • Mitigating or Aggravating Circumstances: The judge also evaluates any circumstances that may reduce the severity of the penalty, such as accepting the blame for your actions, attending your administrative hearing, or even trying to change your actions. However, if your conduct has aggravating factors, such as concealing your wrongdoing or making a false statement to the board, you could face more severe disciplinary actions.

Find a License Defense Attorney Near Me

If you are a chiropractor under investigation or have received a disciplinary letter from the California Board of Chiropractic Examiners, an immediate response is critical for the survival of your profession. The board's disciplinary process is very aggressive; therefore, you want to seek the services of an experienced license defense lawyer who will help you avoid losing your license.

An experienced license defense attorney will be able to assist you in going through the disciplinary process, protect your rights, and ensure that you have a positive outcome. At San Jose License Attorney, we focus on defending chiropractors who receive complaints and go through the disciplinary process. Our team is familiar with the chiropractic laws and the board proceedings, and we are dedicated to fighting for your rights and professional integrity.

If you or a loved one is under investigation or facing complaints, feel free to contact us. Call us today at 408-850-3740 so that we can help you and advocate for you before the board to safeguard your practice and livelihood.