San Francisco Employment Law Firm Blog
The Board of Chiropractic Examiners may impose discipline against a licensee-chiropractor in California only when that chiropractor’s misconduct is substantially related to the qualification, functions or duties of such a license. It has been held that sexual misconduct with a patient and a conviction involving use of dangerous drug alcohol, such as DUI, are events that can lead to a discipline against a chiropractor’s license. Further, certain types of advertising are forbidden and constitute ground for discipline.
Like in disciplinary actions against other types of professional licenses, a chiropractor may and should present evidence of mitigating circumstances during the license defense proceedings.
Hiring the right attorney, experienced in professional license defense, who can present the case and the mitigating circumstances in the most favorable light without overreaching can be critical in reducing the discipline from revocation to probation with or without suspension, or reducing the penalty from suspension to a letter of admonishment, which letter can also be appealed subsequently.
The Board may require a chiropractor to undergo a physical or mental examination in appropriate cases, when the chiropractor’s physical or mental condition would suggest that the professional might be unfit to remain in practice for health reasons.