California Acupuncture Board Acupuncturists Sexual Misconduct Defense Attorney
The California Acupuncture Board, known as the CAB, vigorously investigates and disciplines Acupuncturists accused of Sexual Misconduct. An allegation of Sexual Misconduct or Sexual Abuse against Acupuncturists in California can have profound consequences. Consequences can include Acupuncturist License revocation by the California Acupuncture Board and even criminal charges. The California Business & Professions Code prohibits Sexual Misconduct. Sexual Misconduct is broadly defined. Sexual Misconduct includes, but is not limited to, the following acts:
- Indecent Exposure
- Lewd Acts With a Child
- Lewd Conduct
- Oral Copulation
- Penetration by a Foreign Object
- Sexual Abuse
- Sexual Assault
- Sexual Battery
- Sexual Relations with a Patient, Client or Customer
- Solicitation of Prostitution
Thus, even consensual sexual relations between a Acupuncturists and a patient in California is grounds for disciplinary action against the Acupuncturists by the California Acupuncture Board. California Business & Professions Code Section California Acupuncturists facing Sexual Abuse or Sexual Misconduct allegations should contact an experienced California Acupuncture Board License Defense Attorney for representation.
California Acupuncture Board Sexual Misconduct Investigation Defense Lawyer
The majority of California Acupuncture Board Sexual Misconduct Investigations begin with the filing of a consumer Complaint. However, California Acupuncture Board Sexual Misconduct Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Acupuncture Board utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal sexual misconduct investigations against Acupuncturists. These employees investigate criminal and administrative law violations related to Sexual Abuse and Sexual Misconduct committed by Acupuncturists against patients. 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 issues faced by Acupuncturists facing disciplinary action for Sexual Misconduct against a patient. At the conclusion of a California Acupuncture Board 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 patient sexual misconduct cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution. If you are a Acupuncturists facing a California Acupuncture Board Investigation for Sexual Misconduct against a patient, contact a California Acupuncturists License Defense Attorney for representation.
California Acupuncturists License Sexual Assault Accusation Defense Attorney
A formal Accusation served on a California Acupuncturists serves as notice to a Acupuncturists that the California Acupuncture Board intends to revoke the Acupuncturists License. A substantiated allegation of Sexual Misconduct against a patient by a Acupuncturists almost always results in the filing of a disciplinary Accusation.
An Accusation is a serious matter that can result in the suspension or revocation of a Acupuncturists License in California. In many cases, it is possible for Acupuncturists to reach a Stipulated Agreement with the Attorney General’s Office and California Acupuncture Board. 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).
Disciplinary Accusations involving Sexual Misconduct against a patient can result in revocation of a Acupuncturist License by the California Acupuncture Board. Acupuncturists facing a California Acupuncture Board Accusation should contact an experienced California Acupuncturists License Defense Attorney for representation.
California Acupuncturists License Hearing For Sexual Misconduct
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 Acupuncture Board can adopt, modify or reject the ALJ’s Proposed Decision. The California Acupuncture Board’ 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 Acupuncturists 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 Acupuncturists 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 Acupuncturists facing a California Acupuncture Board Administrative Law Hearing need effective representation from a California Acupuncturists License Defense Lawyer.
California Acupuncturists Sexual Assault and Criminal Charges
The California Acupuncture Board can discipline Acupuncturists for Sexual Misconduct allegations that rises to the level of criminal activity, but violates an Administrative Law regulation. The California Acupuncture Board disciplinary process is separate from the Criminal Law process. The California Acupuncture Board can discipline Acupuncturists for certain criminal convictions. California Acupuncture Board Acupuncturists discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Acupuncturists. All Sexual Misconduct crimes involving patients are substantially related to the duties, functions and qualifications of a Acupuncturists.
The California Acupuncture Board and other law enforcement agencies often conduct criminal investigations against Acupuncturists for the types of Sexual Misconduct described above. In serious criminal cases against Acupuncturists pending in Criminal Court, the California Acupuncture Board and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Acupuncturists. A California Penal Code § 23 Order seeks to suspend a Acupuncturists License in Criminal Court. Acupuncturists facing criminal charges and Acupuncturists who are convicted of criminal offenses need an experienced California Acupuncturists License Defense Attorney for representation in disciplinary proceedings before the California Acupuncture Board.