The Texas Board of Chiropractic Examiners (the Board) licenses and regulates chiropractors. As a part of its duties, the Board receives, processes, and investigates complaints against chiropractors. If you are the subject of a disciplinary complaint, a Texas chiropractic license defense attorney can help defend you at all stages of your disciplinary licensing proceedings.
Grounds for Disciplinary Action
22 Tex. Admin. Code §79 et seq. outlines various specific grounds for disciplinary action against licensed chiropractors. For instance, §79.1 outlines inappropriate sexual conduct. Subsequent sections address lack of diligence, financial misconduct, physical and mental impairment, and associating an unlicensed individual. Chiropractors also must follow various other laws and rules concerning business practices, patient records and documentation of services, advertising and public communications, the scope of practice and delegation, and general unprofessional conduct.
Grounds for Revocation or Suspension of Licenses
Tex. Occ. Code § 201.502 outlines circumstances under which the Board may revoke or suspend an individual’s license, which include the following:
- Violating any state law or rule adopted under state law relating to chiropractic practice;
- Engaging in deception or fraud in the chiropractic practice;
- Using a license, certificate, or diploma (or transcript thereof) that was illegally or fraudulently obtained, counterfeited, or materially altered;
- Presenting to the Board an untrue statement or a document or testimony used illegally to pass the examination;
- Being convicted of a crime involving moral turpitude or a felony;
- Procuring or assisting in the procuring of an abortion;
- Engaging in grossly unprofessional conduct or dishonorable conduct of a character likely to deceive or defraud the public;
- Having a habit of intemperance or drug addiction or another habit that, in the opinion of the Board, endangers the life of a patient;
- Using an advertising statement that is false or that tends to mislead or deceive the public;
- Directly or indirectly employing or associating with a person who, in the course of the person’s employment, commits an act constituting the practice of chiropractic when the person is not licensed to practice;
- Advertising professional superiority, or advertising the performance of professional services in a superior manner, if that advertising is not readily subject to verification;
- Purchasing, selling, bartering, using, or offering to purchase, sell, barter, or use a chiropractic degree, license, certificate, or diploma or transcript thereof in or relating to an application to the Board for a chiropractic license;
- Altering a chiropractic license, certificate, diploma, or transcript thereof with fraudulent intent;
- Impersonating or acting as a proxy for another in a required chiropractic examination;
- Impersonating a licensed chiropractor;
- Allowing another to use one’s chiropractic license to practice;
- Being adjudged insane;
- Failing to use proper diligence or using gross inefficiency in chiropractic practice;
- Failing to differentiate a chiropractic office or clinic from another business or enterprise;
- Personally soliciting a patient or causing a patient to be solicited by the use of a case history of another chiropractor’s patient;
- Using a police accident report to improperly solicit a patient;
- Advertising using the term “physician”; or
- Failing to submit fingerprints to the Board or Department of Public Safety to undergo a criminal background check as required.
Investigation of Complaints
As part of its responsibilities, the Board receives all complaints about licensed chiropractors. When the Board receives a complaint, it examines it for evidence to support the allegations. If insufficient evidence exists to support the allegations, the Board will close the complaint without further action. However, if sufficient evidence exists to warrant an investigation, the Board will notify the licensee of the complaint and request a response to the allegations.
Once the Board receives a response from the chiropractor, the Director of Compliance & Investigations will make recommendations to the Board’s Enforcement Committee. Based on the investigation and recommendations, the Enforcement Committee will determine whether a violation exists and make recommendations about any violation to the Board. Affirmative evidence of a violation can result in disciplinary action against the licensee.
Disciplinary Proceedings
If the Board brings formal disciplinary proceedings against a licensee, it notifies both the complainant and the licensee of the proceedings. The Board can then schedule an informal conference to attempt to resolve the matter or propose an Agreed Order. If the Board and the licensee cannot informally resolve the complaint or if the licensee is uncooperative in responding to the proceedings, the Board refers the case to the State Office of Administrative Hearings (SOAH). At that point, SOAH assigns an administrative law judge (ALJ) to the case. The ALJ will issue a decision following an administrative hearing.
Sanctions in Disciplinary Proceedings
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22 Tex. Admin. Code § 80.3(c) explains the sanctions that occur because of disciplinary proceedings before the Board:
- Revocation of license
- Suspension of license
- Suspension with probation
- Written formal reprimand
- Administrative penalty
- Repeat taking of the jurisprudence exam
- Additional continuing education
Additionally, the Board can require chiropractors to meet additional conditions as needed, including the following:
- Completing specific types of continuing education;
- Passing certain examinations;
- Restricting the type of treatment, treatment procedures, or class of patients to be treated;
- Restricting the supervision of others; and
- Undergoing a psychological or medical evaluation and following any recommended treatment.
Get Legal Advice and Defend Yourself Against Disciplinary Proceedings
An experienced Texas chiropractor license defense attorney at Bertolino LLP can examine your situation, evaluate your options, and advise you on the most effective strategy for minimizing any sanctions against your license. Our goal is to put you in the best position to protect your license and career from potentially negative consequences that may result from disciplinary proceedings. Call us today at (512) 980-3751 or get more information about us online.
Call or text (512) 476-5757 or complete a Case Evaluation form
