The California Board of Podiatric Medicine governs podiatrists and oversees the issuance of podiatrist licenses. Obtaining a podiatrist license is a lengthy and tedious process. Therefore, you should not lose your license because of criminal charges or allegations from patients. You must move quickly to challenge the allegations against you if you are a licensed podiatrist facing an investigation or a formal accusation. Even a minor offense could taint your record, and some complaints could result in a suspension or revocation of your podiatrist license. You should hire a skilled and experienced license attorney if a patient or other party accuses you of misconduct.  At Riverside License Attorney, our attorneys are ready to walk with you in challenging situations. Contact us today if your podiatrist license is at risk, and we will assist you in pursuing a favorable outcome.

Essential Duties of Modern Podiatrists

An individual's feet bear the body's weight and carry it through all day’s activities. You will never know how complex and unique your feet are until a problem arises and your feet do not function normally. This is when a foot doctor or podiatrist becomes an invaluable asset.

To become a podiatrist in California, you must invest years of intense training and income to prepare for your career and secure a podiatrist license. Your knowledge and skills could be crucial in military bases, private practice, hospitals, and other environments. Podiatrists offer a wide range of services, including the following:

  • Treat wounds, sprains, arthritis, and various foot diseases
  • Administer anesthesia
  • Perform a wide range of surgical procedures

The services of podiatrists are in high demand because of the increased incidences of diabetes and obesity.

Modern podiatrists play valuable roles after undergoing a long and challenging process of securing a podiatrist license. Sadly, it is easy for a podiatrist to lose their license. A mistake or one exaggerated or false accusation could put your career on the line. When this happens, you require an attorney to help you with top-tier defense. An experienced attorney will fight for you regardless of the accusations you face. He/she will develop a defense strategy that will counter the disciplinary action you face. Your attorney will also guide you appropriately, regardless of the intricate allegations against you. 

The Obligation Of The Board Of Podiatric Medicine

Typically, the Board of Podiatric Medicine does not exist to help podiatrists. It was put in place to protect the public and patients. The board's stated mission is to restrict licensing and impose different forms of professional discipline. It does this to achieve the vision of safe and competent foot care.

The board's primary concern is maintaining high levels of care in the podiatric industry and protecting patients from harm. It demands that all podiatrists share this noble goal.

If you are accused of professional misconduct, you need a reliable attorney to walk with you. Without one, the board could overlook substantial exculpatory and mitigating evidence in your favor. The board can believe every allegation just to ‘’play it safe’’ with the patients or the public. However, this is unfair because it could lead to harsh disciplinary action even if you are innocent. An attorney will come in handy and present your side of the story. A skilled attorney can talk and bargain with the board and its investigators. Your attorney will try their best to secure the best possible outcome to your case.

Several accusations could be filed against you with the board, which could attract disciplinary action. The common allegations include the following:

  • Alcohol or drug addiction, particularly if you abused the substance while at work or treating patients
  • Failing to keep adequate records or falsifying records
  • Unprofessional conduct
  • Abandoning patients
  • Committing insurance fraud or engaging in other forms of fraudulent activities
  • Securing a podiatric license through fraud
  • Hiring unlicensed assistants to work under you
  • Treating without a license
  • Refusing to refer a patient to another physician when appropriate
  • Incompetence, negligence, or gross negligence in the performance of your duties
  • Having a prior misdemeanor or felony conviction that ‘’substantially relates to’’ your ability to safely and professionally conduct your practice

The board will consider the nature and severity of the crime against you. It will also consider the following while deciding on the disciplinary action to take against you:

  • Mitigating and aggravating evidence
  • Your previous professional record
  • Whether a patient suffered harm
  • The type of harm the patient or public suffered
  • Any other relevant factor

Most investigations do not lead to an administrative hearing or a formal accusation. It is also possible to avoid discipline, even if it leads to a formal accusation and an administrative hearing. If you cannot prevent disciplinary action entirely, you could fight for a lesser disciplinary action that could assist you in retaining your license.

Some lesser disciplinary actions include a citation, public reprimand, and a fine. These forms of disciplinary actions will still appear on your record. In the future, they could affect your ability to obtain patients or secure a new job. You, therefore, must fight a disciplinary action, however minor.

A license revocation is the most severe discipline. A revocation is the indefinite loss of your right to treat people in California. On the other hand, a suspension is the loss of your license for a designated period. You could, however, keep your license with a stay revocation and probation even if the board would not dismiss your charges or forego punishment for a major crime. Your attorney could negotiate for a stay and probation. He/she could also bargain for a shorter probationary term and less restrictive probation conditions.

Statute Of Limitations For Challenging Your Accusations

You should act quickly when served a notice of investigation or a statement of issues. You have 15 days to file a notice of defense when you receive a formal accusation or citation. The 15 days start from the mailing date.

A citation can hurt your professional record. It is recommended not to let it go without a fight. The fine can be reduced in most cases, even if the citation cannot be removed. On the other hand, a stipulated settlement for a citation or other board action could reduce the punishment or keep the case confidential.

Any stipulated settlement or decision of the administrative law judge presiding over your hearing will only be final after a review by the board. You have a right under the law to appeal the final decision. However, you must do this within a designated period that does not exceed 30 days.

Criminal Charges

Under California law, holders of podiatric licenses can face criminal charges. An allegation can result in an investigation and law enforcement sting operation. An arrest could also happen, and a criminal charge could be filed separately from the accusation.

You could face the board’s disciplinary action under the Business and Professions Code Section 490. The board can impose discipline based on your previous criminal record if they are ‘’substantially’’ associated with your qualifications or duties.

You will have entered a ‘’guilty’’ or ‘’no contest’’ plea even if you gain a plea deal in your trial, which permits you to have your charges dismissed, pending completion of your probation. This will still count as a charge before the board. Some of the offenses that could lead to your license being revoked, suspended, or put on probation include:

  • Domestic violence under PC 243e and Penal Code 273.5
  • Sexual battery under PC 243.4
  • Petty theft outlined under PC 484 or grand theft under PC 487
  • Insurance fraud under PC 550
  • Simple possession of a controlled substance HSC 11350
  • Possession for sale of a controlled substance HSC 11351
  • DUI or DUID under VC 23152

The judge presiding over your criminal case could impose restrictions on your practice according to Penal Code 23 under the board's request. Some of the restrictions could include:

  • The board can request that the judge suspend, revoke, or place your license on probation as a condition of sentencing. Your attorney can fight this decision and try to overturn it.
  • The board could try to restrict your license as a condition of being granted bail, feeling that you could commit an unsafe act to your patients if you are released from custody while still practicing. Your attorney could also develop a defense strategy to challenge this order.
  • The board could try to put you on an interim suspension, which starts immediately and continues until your criminal trial ends. If your trial continues for months or years, this could be disastrous for you. In this case, you need an attorney who can fight interim suspensions. A reasonable attorney could fight for you and ensure you continue practicing when no adverse administrative hearing ruling or conviction has occurred.

Your attorney can help you file a written response opposing the board’s decision to file a PC 23 with the court. The judge could set a special hearing to determine whether to grant the board's request to restrict your license. If so, you could require the services of a competent attorney to challenge the ruling.

Challenging The Denial Of A License

The Board of Podiatric Medicine could deny an application for a podiatric license under the Business and Professions Code Section 480. The denials are common and can happen because of various reasons. First, you could be denied a license because of your previous criminal offense. Second, you could be denied a license because of the issues that arose during your training and educational preparations. Third, you could be denied a license because of being under disciplinary action by the licensing board of another U.S. state.

You should avoid despair and work hard to have your license approved. The law allows you to appeal the board's ruling to deny your license application. Your attorney can gather the required documentation and convince the board to approve your denied license.

License Reinstatement

A license revocation is the worst disciplinary action you could face. It is recommended that you prepare ahead of time with the help of your attorney to file a petition for reinstatement. You should admit the responsibility in the case that led to the revocation. In addition, you could also submit evidence of rehabilitation. You have the burden to prove that you are now ready to practice. Your attorney must provide the proper evidence to maximize your reinstatement chances.

Avoiding Liability When Working As A Podiatrist

When working as a podiatrist, making mistakes can be inevitable. Some patients might not be happy with the treatment outcome. These patients could end up accusing you of negligence or professional misconduct. Here are some strategies that can help you avoid professional discipline:

Ensure You Patients Are Satisfied

A good podiatrist should provide references or testimonials from previous patients. If this information is unavailable on your website or in the office, do not hesitate to provide it to your patients. Contact your patients to learn about their experiences with your services.

Be A Member Of A Professional Association Or Certified

Patients check a podiatrist’s education, background, and credentials to verify their qualifications. A good podiatrist should be board-certified by a credible authority apart from being well-trained and experienced. He/she must also be a member of at least one professional association, like the American Podiatric Medical Association (APMA). Often, professional associations set high standards of conduct that all members must comply with to remain in good standing. Being certified or a professional association member gives patients confidence in your services.

Listens To Patient

A good podiatrist will take sufficient time to listen to patients’ questions regarding any complications or issues they have with their feet. During appointments, you should not make patients feel rushed.

Find A License Attorney
Near Me

At the Riverside License Attorney, we understand the many years of hard work and commitment it takes to obtain a podiatrist license. Losing your license for a minor mistake or complaints from unhappy patients would be devastating. If your podiatrist license is at risk, do not hesitate to contact our reliable attorneys. We will evaluate your case and create the most suitable defense for your charges. Whether your case is intricate or complex, our attorneys have what it takes to obtain a favorable outcome. Call us today at 951-404-0569 to speak to one of our attorneys.