California Board of Chiropractic Examiners Chiropractors License Discipline for Sexual Misconduct

California Board of Chiropractic Examiners Chiropractors Sexual Misconduct Defense Attorney

The California Board of Chiropractic Examiners, known as the BCE, vigorously investigates and disciplines Chiropractors accused of Sexual Misconduct. An allegation of Sexual Misconduct or Sexual Abuse against Chiropractors in California can have profound consequences. Consequences can include Chiropractor License revocation by the California Board of Chiropractic Examiners and even criminal charges.

California Business & Professions Code Section 726 and California Code of Regulations Section 316 prohibit 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
• Rape
• Sexual Abuse
• Sexual Assault
• Sexual Battery
• Sexual Relations with a Patient, Client or Customer
• Sodomy
• Solicitation of Prostitution

Thus, even consensual sexual relations between a Chiropractors and a patient in California is grounds for disciplinary action against the Chiropractors by the California Board of Chiropractic Examiners. Chiropractors facing Sexual Abuse or Sexual Misconduct allegations should contact an experienced California Board of Chiropractic Examiners License Defense Attorney for representation.

California Board of Chiropractic Examiners Sexual Misconduct Investigation Defense Lawyer

The majority of California Board of Chiropractic Examiners Sexual Misconduct Investigations begin with the filing of a consumer Complaint. However, California Board of Chiropractic Examiners Sexual Misconduct 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 sexual misconduct investigations against Chiropractors. These employees investigate criminal and administrative law violations related to Sexual Abuse and Sexual Misconduct committed by Chiropractors 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 Chiropractors facing disciplinary action for Sexual Misconduct against a patient. 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 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 Chiropractors facing a California Board of Chiropractic Examiners Investigation for Sexual Misconduct against a patient, contact a California Chiropractors License Defense Attorney for representation.

California Chiropractors License Sexual Assault Accusation Defense Attorney

A formal Accusation served on a California Chiropractors serves as notice to a Chiropractors that the California Board of Chiropractic Examiners intends to revoke the Chiropractors License. A substantiated allegation of Sexual Misconduct against a patient by a Chiropractors 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 Chiropractors 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).

Disciplinary Accusations involving Sexual Misconduct against a patient can result in revocation of a Chiropractor License by the California Board of Chiropractic Examiners. Chiropractors facing a California Board of Chiropractic Examiners Accusation should contact an experienced California Chiropractors License Defense Attorney for representation.

California Chiropractors 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 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 Chiropractors 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 Chiropractors 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 Chiropractors License Defense Lawyer.

California Chiropractors Sexual Assault and Criminal Charges

The California Board of Chiropractic Examiners can discipline Chiropractors for Sexual Misconduct allegations that rises to the level of criminal activity, but violates an Administrative Law regulation. The California Board of Chiropractic Examiners disciplinary process is separate from the Criminal Law process. The California Board of Chiropractic Examiners can discipline Chiropractors for certain criminal convictions. California Board of Chiropractic Examiners Chiropractors discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Chiropractors. All Sexual Misconduct crimes involving patients are substantially related to the duties, functions and qualifications of a Chiropractors.

The California Board of Chiropractic Examiners and other law enforcement agencies often conduct criminal investigations against Chiropractors for the types of Sexual Misconduct described above. 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 Chiropractors. A California Penal Code § 23 Order seeks to suspend a Chiropractors License in Criminal Court. Chiropractors facing criminal charges and Chiropractors who are convicted of criminal offenses need an experienced California Chiropractors License Defense Attorney for representation in disciplinary proceedings before the California Board of Chiropractic Examiners.