The California Osteopathic Medical Board governs osteopathic practitioners and regulates the services they offer to patients. Your livelihood and career could be on the line if you are a licensed osteopath facing a formal accusation or undergoing a board investigation. You should act fast and seek the services of a skilled license attorney who can help you fight for your professional reputation and osteopathic license. At the Riverside License Attorney, we have experienced attorneys who understand California laws and regulations affecting osteopathic treatment. We are experienced in fighting for professional osteopaths against all forms of accusations. Our attorneys will defend your case vigorously and strive for the best outcome.

The Duties of Osteopathic Practitioners

Obtaining an osteopathic license in California is lengthy, challenging, and costly. Osteopathic medicine is a specialty practice whereby you have to secure the status of an ordinary medical doctor first. You will then have to pursue a subsequent osteopathic license. The training and practical experience required to become an osteopath are hectic.

You provide "alternative" medical treatment as an osteopath to assist patients suffering from various conditions affecting the digestive, circulatory, nervous, and muscular systems. An osteopath works on the principle that all human body systems and tissues work as an "interconnected "whole." Therefore, what affects one section of the body affects the entire body.

A patient could come to you suffering from chronic pain and other persistent symptoms. You can treat these conditions with manipulation of joints, stretching, massage therapy, and other methods. In their work, osteopaths use diagnostic medical equipment, like spinal analysis and ultrasound machines. An osteopath advises on exercise, nutrition, general health, and wellness and refers patients to other physicians when appropriate.

However, it is easy to lose your professional license due to a single complaint, despite your valuable services and the significant investment of time, effort, and money in securing an osteopath license. If this happens, you should consult an attorney who understands the duties of an osteopath. Your attorney must also understand the scope and limitations of your duties and the nature of the complaints you face. A reputable attorney knows the strategies that are most effective at helping you retain your license and continue your practice.

Osteopathic Treatment For Back Pain

Patients visit osteopathic practitioners when they have back pain, but osteopathic treatment is also effective as a preventive treatment. Osteopathic treatment for back pain involves gentle and subtle manipulation, particularly of soft tissues and muscles. An osteopath could massage or stretch a patient's muscles. An osteopathic physician could recommend doing some imaging tests and directing patients to conventional treatment if there are signs of a displaced disk or other serious condition.

Sometimes, osteopaths can suggest dietary changes and modifications to workplace ergonomics, like seating and desk position. Prevention advice could involve stress reduction, breathing, posture, lifting techniques, and stretching exercises. These techniques could assist in improving a patient's posture and reducing pain. For example, patients can avoid injury by learning to lift without straining their backs and stretching before exercise.

The Disciplinary Guidelines of The Osteopathic Medical Board

Every year, the board issues licenses to qualified osteopathic practitioners throughout California. The board must regulate who will receive and retain an osteopathic license. The board does this purposely to protect patients and the public.

The board exists to protect patients against potential harm but rarely focuses on helping osteopathic medical doctors. To accomplish its mission, it ensures that high levels of care are upheld and enforces official disciplinary guidelines. The osteopathic board receives complaints, conducts investigations, and issues disciplinary actions as deemed necessary.

The complaints for which the board could issue a professional discipline include:

  • If you engage in falsifying records,
  • You have physical or mental problems that hinder you from offering medical services appropriately.
  • If you are already being investigated or are under disciplinary action from another state
  • Exceeding the limits of your license or expertise
  • Permitting unlicensed assistant to work under you
  • Administering unlawful forms of cancer treatment
  • Failing to keep adequate records
  • Excessive prescribing or treatment
  • Illegal advertising practices
  • Sexual misconduct
  • Issuing prescriptions without a previous exam
  • Insurance fraud
  • Providing drugs to a drug addict
  • Misdemeanor or felony convictions
  • Treating patients while intoxicated
  • Alcohol or drug abuse
  • Incompetence or gross negligence

A person could easily report a complaint to the Osteopathic Medical Board, either online or in writing. The board often follows up with a sting operation or investigation. You could face a fine, a public citation, or a letter of reprimand in the case of a minor offense. The board can also issue an order of abatement to stop the alleged activity. Any form of punishment, no matter how minor, should be challenged with the assistance of a skilled attorney. It is advisable to challenge the board's discipline because fines, at times, can be high. Publicly posted punishment could also negatively influence your ability to secure new clients. It could also make securing a job with a new employer hard.

More severe accusations could attract a license revocation. In most cases, however, your attorney could fight and secure at least a stay of revocation with probation. Sometimes, if a dismissal is impossible, you could face an initial, brief suspension period. The licensing board can also order you to comply with various conditions. If the board grants you probation, you will continue your practice if you adhere to the probation conditions. If probation is the best possible outcome, your attorney could negotiate for a shorter probationary period.

You should move fast and consult an attorney if you receive a notice of citation or formal accusation. The statute of limitations for filing a notice of defense is 15 days. In most situations, your attorney can fight to have the allegations against you dismissed as unsubstantiated. Your attorney could also work to have your case dropped for lack of evidence before it proceeds to the administrative hearing. Sometimes, your attorney could bargain for a favorable settlement or avoid an administrative hearing.

Your attorney will examine the statement of issues the board raises when a formal accusation results and an administrative hearing is necessary. The attorney will then file a notice of defense on your behalf. When preparing a defense, your attorney will investigate all aspects of the alleged incident and gather evidence in your favor. An attorney works for you and will fight the evidence and testimony against you.

Your attorney can also evaluate the witnesses against you and lock them into their statements. It is also the role of an attorney to expose false or weak evidence against you. A competent attorney will negotiate for a plea allowing you to retain your license if a complete dismissal is not obtainable. However, you can only be granted a plea if it is acceptable to the prosecutor and administrative law judge.

Criminal Charges and Convictions

If you are guilty of committing a misdemeanor or felony, the Osteopathic Medical Board could take disciplinary action against you under Business and Professions Code 490. However, under the same law, sections 2236a and 2237, you can only face board discipline if the crime is related to your duties and qualifications as an osteopathic doctor.

Your crime will remain in the board's record even if you plead "guilty" or "no contest" in a plea bargain and have the case dropped. Your conviction could also remain in the board's record even if you successfully finish your court-ordered probation.

Some categories of crimes could be substantially related to your osteopathic practice, depending on the facts of your case. They include:

  • Insurance fraud under Penal Code 550
  • Petty theft under Penal Code 484 and grand theft under Penal Code 487
  • Possession for sale of a controlled substance under HS 11351
  • Simple possession of a controlled substance under HS 11350
  • DUI under VC 23152
  • Sexual battery under PC 243
  • Domestic violence under PC 243 and PC 273.5

An experienced attorney will come in handy to testify before the board and represent you in court when fighting your criminal charges. When necessary and appropriate, your attorney could provide exculpatory and mitigating evidence that could win you an acquittal or a reduced penalty. The prosecutor or Attorney General could request that your practice be restricted during the trial if the board feels the criminal allegations against you are egregious enough. Your attorney could challenge this request. However, if a restriction is imposed on your license, it could be one of the following:

  • A suspension that starts immediately and continues until your criminal case is resolved. In this case, you could serve an interim suspension.
  • Those that will impose some restrictions as being part of your sentence, mainly if your attorney negotiates for a plea agreement
  • Those that would put restrictions to help you secure bail

Your attorney can fight all the above restrictions through a written response to the board. The administrative law judge can schedule a special hearing to determine if the prosecutor's requested restriction will hold. It would be essential if your attorney wins this hearing, mainly if you are on interim suspension because cases can drag on for months or years.

Petition For License Reinstatement

You could wonder if all is lost and whether you can continue practicing as an osteopathic doctor after a license revocation. Typically, a skilled attorney can help you in this situation to have your professional license reinstated. However, petitioning the board to reinstate your license can be challenging and complicated. You have the burden of proving why you qualify for reinstatement. The petition to have your license reinstated must include specific elements like:

  • The evidence of rehabilitation and that you are likely not to repeat the crime
  • An admission of responsibility for the offense that led to the revocation of your license
  • Other reasons showing why you are eligible for reinstatement

You must handle your paperwork carefully. Sometimes, a special administrative hearing will be set to determine the decision. If so, your attorney could present testimony, arguments, and evidence in your favor before the presiding administrative law judge to have your license reinstated.

Approval of  Your License Application

Having your license application approved is another area in which you could require an attorney's expertise. Sometimes, the Osteopathic Medical Board could take longer than expected to approve your license or deny your application. Your attorney can find a way to work through these issues and have your license application approved.

An attorney can help you identify the issues holding you back and talk to the Osteopathic Medical Board regarding the issues. The attorney can also gather the necessary documents and re-submit your license application.

Your attorney could also work with the board for a resolution if:

  • There is an issue of a previous criminal conviction on your record
  • There is an incident that occurred while you were in training
  • Whether you have an alcohol or drug addiction problem,

Sometimes, the board could issue you a license with an initial probationary term. This is not the best idea, but it will at least allow you to start your career. You will be unrestricted from performing your practice, provided you abide by your probation conditions. 

The Risks Associated With Osteopathy

Osteopathy can involve some risks, just like other treatments. It is common for patients to feel stiff after treatment. Some patients might have a short-term headache. Aged patients could experience less common side effects like numbness, tingling, and severe pain and should consult their osteopath if these occur.

Patients require emergency medical treatment if they experience more severe adverse effects. The severe side effects could include bladder or bowel problems, muscle weakness, nerve damage, pain radiating to a limb, prolapsed disk, and stroke. Some patients are quick to sue their osteopaths when they experience side effects. If your patient experiences side effects and sues you for negligence or malpractice, you need an aggressive attorney to safeguard your license.

Find A Reliable License Defense Attorney Near Me

A board investigation or disciplinary action against osteopathic medicine practitioners can jeopardize their medical licenses and careers. An expert licensed attorney will negotiate for your rights throughout the investigation process, from responding to the board investigation to preparing a solid defense to the complaints filed against you. An attorney can also help you reach a better resolution with the board, whether by dismissing the case or negotiating a more lenient disciplinary action. If you need reliable legal representation, contact the Riverside License Attorney. Call us at 951-404-0569 to speak to one of our attorneys.