Losing and Reclaiming Your Chiropractic License in California

Nicole Irmer | Posted in Licensing Defense on November 26, 2024

It can take years of education to obtain a chiropractic license – and then even more time to establish a chiropractic practice. Unfortunately, it is possible to lose your license due to allegations of unprofessional or unethical conduct. You may also lose your chiropractic license for a criminal conviction.

While losing your chiropractic license can be devastating, a revocation may not always stay a permanent sanction. It is possible to have your license reinstated with the help of a seasoned California healthcare license defense attorney. We can help you present the necessary evidence and represent you in a hearing before the Board of Chiropractic Examiners to demonstrate that you should be able to practice again.

If you are dealing with a disciplinary matter related to your chiropractic license, the best way to protect yourself is by consulting with a California healthcare license lawyer as soon as possible. We can help to protect your license and will work to get you back to practicing when the time is right. Reach out to the Law Offices of Nicole Irmer today to learn more or to schedule a confidential consultation.

Common Reasons Chiropractors Lose Their License in California

The practice of chiropractic care in California is regulated by the California Board of Chiropractic Examiners. Its mission is to protect the public through licensure, education, and enforcement actions related to chiropractic care. 

Chiropractors may be disciplined for violations of the Chiropractic Initiative Act and the Business and Professions Act.  Members of the public, patients, family members, insurance companies, and other professionals may make a complaint to the Board about alleged unethical conduct. If a chiropractor has been arrested for a criminal offense, law enforcement may also make a referral to the Board.

Once a complaint has been received, the Board will determine if it has jurisdiction before starting an investigation. In some cases, the complaint will be closed without further action. Alternatively, the Board may issue a citation as an informal discipline or If the complaint is substantiated, then the matter will be investigated more thoroughly by the Board’s investigators. It may then be referred to the Office of the Attorney General for the filing of a formal accusation. At this point, the possibility of formal discipline is much higher. This may include:

• Public reprimand
• Probation
• License suspension
• License revocation

Per the Board’s disciplinary guidelines, any violation of the standards surrounding chiropractic care could result in license revocation. That is why it is so important to hire an experienced chiropractic license defense attorney as soon as possible to protect your license and your livelihood.

Some of the more common reasons that chiropractors lose their license include:

• Unprofessional conduct: this may include everything from failure to maintain patient confidentiality to dishonesty and fraudulent practices (such as excessive billing).
• Sexual misconduct: chiropractors who engage in sexual relationships with patients may have their license revoked.
• Substance use disorder: abusing drugs and/or alcohol, particularly when working, can be grounds for discipline.
• Negligence or incompetence: a failure to provide an acceptable level of care that results in potential harm or harm to a patient could lead to license revocation.
• Criminal conviction: if you are convicted of a crime, including offenses like DUI, it could result in license revocation.
• Acting outside the scope of practice: chiropractors can diagnose and treat patients provided that they are doing so within the scope of chiropractic care. If a chiropractor’s methods and treatment constitute the practice of medicine, they could lose their license.

The Board has discretion in each case to determine what level of discipline is appropriate. It will consider factors such as actual or potential harm to the public, any prior disciplinary record, the nature and severity of the alleged offense(s), and any rehabilitation and/or mitigation evidence. In many cases, a seasoned healthcare license defense attorney can negotiate a stipulated settlement that results in a more favorable outcome, such as probation instead of revocation.

Getting Your Chiropractic License Reinstated

Losing your California chiropractic license can be devastating. Fortunately, there is an avenue to having your license reinstated. Under the Chiropractic Initiative Act, you can petition to get your license back.

A petition for reinstatement cannot be filed until 2 years after the effective date of the Board’s disciplinary action. As part of this petition, you will have the burden of demonstrating any rehabilitative or corrective measures that you have taken since your license was revoked and that you have the necessary and current qualifications to safely engage in the practice of chiropractic within the scope of the law and accepted standards of practice.

A California healthcare license defense lawyer can help you file a petition for reinstatement. In addition to completing the petition itself, you will need to provide the following information to the Board:

1. The date of and reason for the revocation;
2. Why you believe that your license should be reinstated;
3. Your activities and occupation since the date of revocation;
4. Any rehabilitative or corrective measures that you have taken since the date of revocation;
5. All post-graduate or refresher courses that you have taken since revocation;
6. All chiropractic literature that you have studied over the past year; and
7. All continuing education courses that you have taken since the date of revocation.

The Board will also schedule a hearing regarding the matter.

In determining whether to reinstate a chiropractic license, the Board will consider several factors. This includes:

1. The nature and severity of the violation(s) that resulted in the disciplinary action, including the length of time since the violation was committed;
2. Any prior disciplinary and/or criminal actions against the petitioner and the petitioner’s compliance with all court and Board orders;
3. The petitioner’s attitude towards the original violation and related to compliance with legal sanctions and rehabilitation;
4. Any documented rehabilitative efforts; and
5. An assessment of the nature and type of rehabilitative or corrective efforts.

The Board may also consider other evidence that is relevant to the matter.

While the petition and supporting evidence may seem relatively straightforward, it must be done correctly. A California healthcare license defense attorney with specific experience handling matters before the Board of Chiropractic Examiners can help you gather the appropriate evidence and put together a petition for reinstatement that demonstrates your mitigation and rehabilitation which can increase a higher likelihood of success before the Board. They can also represent you in a hearing to advocate for your rights.

Dealing with Licensure Issues? Give Us a Call.

Like all healthcare professionals, chiropractors face an enormous amount of stress in their day-to-day work. Even the most dedicated chiropractor may go through a difficult time or suffer a lapse in judgment. If your chiropractic license has been revoked, you may be able to get it back through a petition for reinstatement.

At the Law Office of Nicole Irmer, we represent healthcare professionals – including doctors, nurses, chiropractors, and physical therapists – who are facing licensing and disciplinary issues. For each case, we put together a multi-pronged strategy to help our clients get the best possible outcome. To schedule a confidential consultation about chiropractic license revocation and reinstatement matters, contact us at (619) 237-6310 or email us at any time.