15260 Ventura Blvd. Suite 1200 Sherman Oaks CA 91403 | (818) 570-0836 | (510) 852-9296
sweinsteinlaw@gmail.com

California Medical License Defense Attorney

We defend licensed medical and healthcare professionals in California

California Chiropractor License Defense Attorney

California Board of Chiropractic Examiners License Defense Lawyer

The California Board of Chiropractic Examiners, known as the BCE, licenses approximately 14,000 Chiropractors in the State of California. Most California Chiropractors have minimal or no contact with the enforcement arm of the California Board of Chiropractic Examiners. For Chiropractors who become part of the California Board of Chiropractic Examiners’ disciplinary process, the consequences are profound. The Chiropractor License disciplinary process is complex, procedural and time consuming. Chiropractors facing the California Board of Chiropractic Examiners disciplinary process should seek legal representation from an experienced California Chiropractor License Defense Attorney.

California Board of Chiropractic Examiners Investigation Defense Lawyer

The majority of California Board of Chiropractic Examiners investigations begin with the filing of a consumer Complaint. However, California Board of Chiropractic Examiners Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Board of Chiropractic Examiners utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Chiropractors. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Board of Chiropractic Examiners disciplinary process. At the conclusion of a California Board of Chiropractic Examiners investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Chiropractor facing a California Board of Chiropractic Examiners investigation, contact a California Chiropractor License Defense Attorney for representation.

California Chiropractor License Accusation Defense Attorney

A formal Accusation served on a California Chiropractor serves as notice to a Chiropractor that the Board intends to revoke the Chiropractor License. The Chiropractor, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Chiropractor. A Default will result in the immediate Revocation of the Chiropractor License.

An Accusation is a serious matter that can result in the suspension or revocation of a Chiropractor License in California. In many cases, it is possible for Chiropractors to reach a Stipulated Agreement with the Attorney General’s Office and California Board of Chiropractic Examiners. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Chiropractors facing a California Board of Chiropractic Examiners Accusation should contact an experienced California Chiropractor License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Chiropractors include:

  • Administering or Use of Drugs or Alcohol
  • Advertising Treatment of Sexual Disorders
  • Aiding and Abetting Unlicensed Practice
  • Commission of Dishonest or Fraudulent Acts
  • Deceptive Advertising
  • Dispensing or Administration of Drugs
  • Excessive Treatment
  • Failure to Adequately Maintain Records
  • Failure to Properly Supervise Staff
  • Failure to Provide Treatment Records
  • Failure to Refer a Patient to Another Health Care Provider
  • Failure to Register Referral Service
  • False or Fraudulent Claims
  • Gross Negligence
  • Inappropriate Billing for Services Advertised as Free or Discounted
  • Intentionally or Recklessly Causing Harm to the Public
  • Making or Signing False Documents
  • Misleading Use of Title
  • Obtaining Fee by Fraud or Deceit
  • Paying a Fee for Referrals
  • Repeated Negligent Acts
  • Substitution of a Spinal Manipulation for Vaccination
  • Unauthorized Disclosure of Patient Information
  • Unauthorized Practice of Medicine
  • Use of Cappers or Steerers
  • Use of Drug or Medicine in Materia Medica
  • Sexual Misconduct
  • Waiving Copayments or Deductibles

California Chiropractor License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Board of Chiropractic Examiners can adopt, modify or reject the ALJ’s Proposed Decision. The California Board of Chiropractic Examiners’ action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Chiropractor to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Chiropractor can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Chiropractors facing a California Board of Chiropractic Examiners Administrative Law Hearing need effective representation from a California Chiropractor License Defense Lawyer.

California Chiropractor License and Criminal Convictions

The California Board of Chiropractic Examiners can discipline Chiropractors for criminal convictions. California Board of Chiropractic Examiners discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Chiropractor. Common criminal offenses that can cause Chiropractor License discipline are:

  • Altering or Forging a Prescription
  • Assault With a Deadly Weapon
  • Battery
  • Brandishing a Firearm
  • Burglary
  • Carrying a Concealed Weapon
  • Child Abuse
  • Child Endangerment
  • Diverting a Controlled Substance
  • Domestic Violence
  • DUI
  • Elder Abuse
  • False Imprisonment
  • Forgery
  • Fraud
  • Hit & Run
  • Identity Theft
  • Insurance Fraud
  • Medicare Fraud
  • Mortgage Fraud
  • Possession for Sale of a Controlled Substance
  • Possession of a Controlled Substance
  • Public Intoxication
  • Real Estate Fraud
  • Robbery
  • Sex Offenses
  • Theft
  • Trespass
  • Vandalism
  • Vehicular Manslaughter

The California Board of Chiropractic Examiners and other law enforcement agencies also investigate criminal conduct by Chiropractors in the course and scope of their practice. Criminal investigations often involve Chiropractors engaged in Insurance Fraud. In serious criminal cases against Chiropractors pending in Criminal Court, the California Board of Chiropractic Examiners and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Chiropractor. A California Penal Code § 23 Order seeks to suspend a Chiropractor License in Criminal Court.

Chiropractors facing criminal charges and Chiropractors who are convicted of criminal offenses need an experienced California Chiropractor License Defense Attorney for representation in disciplinary proceedings before the California Board of Chiropractic Examiners.

California Chiropractor License Statement of Issues Attorney

The California Board of Chiropractic Examiners thoroughly investigates all applicants for Chiropractor Licenses. The California Board of Chiropractic Examiners may deny a California Chiropractor License to Chiropractor students and Chiropractors from other states and countries. Most California Chiropractor License denials occur due to criminal convictions, financial problems or misstatements on the Chiropractor License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Chiropractor License should contact a California Chiropractor License Denial Lawyer for representation in a California Board of Chiropractic Examiners Statement of Issues Hearing.

California Chiropractor Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Chiropractors who have received a Chiropractor License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Chiropractor License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Board of Chiropractic Examiners. A successful Chiropractor License Petition for Reinstatement requires representation by an experienced California Chiropractor License Defense Attorney.