Securing a practice license to be a chiropractor and offer your services legally means extensive training, education, and building a positive reputation. That chiropractic license is the heart of your professional life.

After all your hard work, time, and money invested in securing your chiropractic license, it could be like a nightmare to discover that you could lose it due to a complaint filed against you. When that happens, retaining the services of a skilled attorney is a decision you cannot regret.

As a licensed chiropractor, addressing these allegations and complaints as soon as possible is vital to avoid having your professional license revoked or suspended. If the Board of Chiropractic Examiners (BCE) has launched an investigation into you or your practice due to a complaint filed against you, it is natural to worry.

However, that does not mean revocation or suspension of your license by the board is inevitable. Our reliable attorneys at Riverside License Attorney can intervene and prepare the best defenses to help convince the BCE to drop your case or impose the minimum disciplinary action for your violation.

Modern Chiropractic Care at a Glance

Despite being a part of a long-standing tradition, chiropractic care has only recently gained recognition for its potential medical benefits. Through their detailed knowledge of how your muscular, nervous, and skeletal systems are connected and their hands-on training in making physical adjustments in your body to bring these vital systems into harmony, chiropractors can help reduce chronic pain.

A chiropractor can also give his/her patients relevant advice on stress management techniques, sleep, exercise, and proper nutrition and diagnose patients' medical conditions using imaging techniques, like X-rays and MRIs.

Unfortunately, despite your work and the critical services you offer, an allegation or complaint about your services can quickly put your chiropractic practice license at risk of suspension or revocation by the board. If you have received a notice of investigation from the board about an alleged complaint, retaining the services of an attorney would be a brilliant idea.

Your attorney will be your legal voice and representative through each stage of the BCE’s disciplinary process to secure the best possible outcome.

The BCE’s Disciplinary Guidelines

The BCE is the agency responsible for licensing qualified chiropractors and ensuring their practices meet the required professional standards for treating patients. The BCE’s primary mission is to protect patients from unsafe and substandard chiropractic practices.

To accomplish this mission, the board has a set of guidelines and rules that the administrative law judge (ALJ) must comply with when determining whether the allegations you are up against are true. Committed to ensuring chiropractors abide by the required standards, the BCE takes its duties, particularly disciplinary responsibilities, seriously.

Several chiropractors believe the licensing board is on their side, which is untrue. As a consumer protection agency, the board will thoroughly investigate all complaints it receives without delay. If the allegations or the complaints are true, the board will determine appropriate disciplinary action for your case.

Common Complaints or Allegations That Could Attract the BCE’s Disciplinary Actions

The BCE can impose disciplinary action against you for various reasons. Below are examples of some of the violations or allegations that could attract disciplinary action against your chiropractic license:

  • Use of drugs and alcohol

  • Improper relationships and sexual misconduct with your patients

  • Insurance fraud or billing

  • Failing to refer a patient to a different healthcare provider

  • Improper or false record-keeping

  • Incompetence, negligent, or fraudulent practice

  • Unauthorized disclosure of your patient's details, including their names, area of residence, or ailment

  • Allowing unqualified assistants to work under your practice license

  • Practicing chiropractic without a proper license

  • Deceptive or false advertising

  • Failure to supervise your staff properly

  • Excessive treatment

  • Undisclosed criminal convictions

If you believe you are under investigation for any of the above violations, you should speak with an attorney who understands how the BCE handles disciplinary cases.

The BCE’s Disciplinary Process

Generally speaking, the BCE’s disciplinary process begins once the board receives an online or written complaint against you. While most complaints are from past patients or a patient’s family member, professional groups and government entities can also file complaints against you.

When the board receives a complaint against you, its investigators will analyze and review the allegations you are up against to determine if the case falls within the board’s jurisdiction. If the complaints you are up against are not within the board’s jurisdiction or are unsubstantiated, the investigators will dismiss the case.

Generally speaking, BCE will handle disputes or cases that involve a violation of professional conduct and ethics that you must comply with as a licensed chiropractor. If the alleged violation involves a criminal violation, the BCE will forward it to the attorney general for prosecution.

However, if the complaints or allegations you are up against fall within the BCE's jurisdiction, it will hold a formal administrative hearing, at which you will present your side of the story and defenses before an ALJ. During this administrative hearing, the BCE will have a chance to prove its case against you using clear and convincing evidence.

Then, your attorney will present his/her defenses and mitigating arguments to help secure the best possible outcome. When determining appropriate disciplinary action for your offense, the board and the ALJ will consider the following factors:

  • Whether you have a history of professional misconduct or disciplinary action

  • The severity of the allegations you are up against

  • Whether the victim or accuser sustained physical injury

  • The potential impacts of your mistake or malpractice

  • The level of incompetence or negligence that your violation portrays

  • The number of complaints filed against you

  • Whether you secured a financial benefit from the violation or misconduct

  • Whether the violation was accidental or intentional

  • Whether you have a criminal record

  • Whether you have evidence to prove you are a rehabilitated and upstanding citizen

  • Whether the misconduct affected a patient or the general public

  • Your attorney’s mitigating arguments and evidence

Once you receive this notice, you will have not more than fifteen (15) days to file your defense response. That is why retaining the services of an attorney is critical. Your attorney will investigate the case and help you file your defense response on time to increase your odds of securing a desirable outcome.

An experienced attorney will know defenses and mitigating arguments that will work in your favor to secure a settlement or favorable ruling that does not involve the loss of your practice license.

Depending on the facts of your case, your attorney could convince the board to drop your case without having to go through the formal hearing to challenge the allegations you are up against. Your attorney will also check if you are eligible for an interim suspension, which allows you to continue practicing or offering your services as the investigation continues.

That means you can work to earn your income before the board makes a decision or judgment on the allegations or complaints filed against you.

Examples of the BCE’s Disciplinary Actions Against Licensed Chiropractors

Depending on the BCE’s disciplinary guidelines and your case’s unique facts, you should expect any of the following disciplinary actions if the prosecutor can prove the allegations you are up against are true:

License Suspension

When the board suspends your practice license, you will not offer your services for a specified period. In other words, you cannot legally provide your chiropractic services with a suspended license.

License Revocation

License revocation is one of the most harsh and life-changing forms of discipline you should expect from the BCE for professional misconduct or violation. When the board revokes your license, you lose it indefinitely unless you file an appeal for reinstatement.

Interim Suspension

When the board offers you interim suspension, you will have the privilege of offering your services as the investigation into the allegations and complaints you are facing continues.

License Probation

With proper evidence and mitigating arguments, your attorney could help you win a stay of your license revocation and parole or probation. That means you can continue offering your chiropractic services to your patients as long as you comply with the set terms and conditions within the probation period.

Citation and a Fine

Also referred to as an “alternative disciplinary action,” the board could issue a citation and a fine for professional misconduct. Since a citation will show on public records on the BCE’s website, your potential clients will know you have a history of professional misconduct before hiring you, significantly affecting your business.

The fine the board will require you to pay will depend on the seriousness and sophistication of your case. Typically, your violation could attract a fine of up to $5,000.

Categories of the Alleged Violation and the Recommended Disciplinary Actions

When determining appropriate disciplinary action for the allegations you are up against, the board will consider the specific category of your violation. These categories include:

Category I

Category I offenses include all minor violations that could harm a patient or the public, including practicing chiropractic care without a license. The board could revoke or suspend your practice license if you are guilty of a category I violation.

Category II

Any violation resulting from negligent disregard for public safety, ethics, or chiropractic law could qualify as a category II offense, including unauthorized disclosure of your patient's details. The minimum penalty for this violation is license suspension for up to three (3) years.

However, the maximum disciplinary action you could face for these violations under this category could include revocation of your professional license.

Category III

Category III violations include egregious crimes involving gross negligence, fraudulent claims, and sexual misconduct. The minimum disciplinary action for these offenses is thirty days of license suspension and five days of parole.

Category IV

Offenses under this category include the most egregious criminal convictions. The disciplinary action the board will impose for violations under this category includes license revocation. These violations include those that involve fraudulent activity, physical violence, and sexual misconduct.

The board could also revoke your chiropractic license when you fail to file a notice of defense or appear at the administrative disciplinary hearing. However, with the help of a skilled attorney, you can avoid this serious disciplinary action and secure a less harsh disciplinary action like probation.

What to Expect After a Criminal Conviction as a Licensed Chiropractor

When you enter a guilty plea after an arrest or are guilty of a felony offense or any offense that is significantly related to your qualifications and duties as a chiropractor, the BCE could take disciplinary action against you. Examples of crimes the BCE could consider “significantly related” to your duties and responsibilities as a chiropractor include:

  • Driving under the influence (DUI)

  • Any theft-related offense, including burglary and shoplifting

  • Fraud

The laws and regulations governing the chiropractic industry are strict, and the board takes its responsibility to enforce them seriously. If you are under investigation or arrest for any offense, retaining the services of an attorney can mean the difference between incarceration, paying hefty fines, losing your chiropractic license, and going free.

Aside from being your legal counsel, you will rely on your attorney to help secure a favorable outcome and protect your reputation if you have received the board’s notice of investigation.

Find a Reliable License Attorney Near Me

If an investigator from the BCE has contacted you or you have received notice of investigation, time will be of the essence. While it can be a worrying experience to know that your chiropractic license is at risk of suspension or revocation due to a patient’s complaint about your services or a criminal violation, you have options.

The sooner you retain the services of an attorney if you are under investigation or facing disciplinary action, the higher your odds of securing a favorable outcome. At Riverside License Attorney, we understand all the hard work, efforts, and time you must dedicate to secure a chiropractic license to chase your dreams.

We have profound and seasoned attorneys who can help you navigate the BCE’s disciplinary process to secure the most favorable outcome. Call us at 951-404-0569 to schedule your initial consultation with one of our attorneys today for aggressive legal representation on your unique case.