Texas Chiropractors face numerous practical challenges in maintaining their practice through the years. Not least among these is adhering to chiropractic care standards as enforced by the Texas Board of Chiropractic Examiners. The Board accepts complaints from the public regarding potential lapses or violations in this standard of care—and when it determines that a chiropractor is culpable for the allegations (or, in certain circumstances, any breaches at all that are unearthed by an investigation), it may put a chiropractor’s right to practice at risk.
Among the types of complaints the Board receives against chiropractors’ licenses, a few stand out for their frequency.
One of these is the infraction of “lack of due diligence.” According to the portion of the Texas Occupations Code about behaviors that chiropractors might engage in that would subject them to revocation or suspension of their licenses (Title 3, Subtitle C, Chapter 201.502(a)), this is a “failure to use proper diligence in the practice of chiropractic or using gross inefficiency in the practice of chiropractic.”
Another is for criminal convictions. Chapter 201.5065 requires a chiropractor to avoid committing felonies and some misdemeanors if they are to continue practicing, in the following language:
“(a) The Board shall suspend a chiropractor’s license on proof that the chiropractor has been:
(1) initially convicted of:
(A) a felony;
(B) a misdemeanor under Chapter 22, Penal Code, other than a misdemeanor punishable by fine only;
(C) a misdemeanor on conviction of which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure;
(D) a misdemeanor under Section 25.07, Penal Code; or
(E) a misdemeanor under Section 25.071, Penal Code; or
(2) subject to an initial finding by the trier of fact of guilt of a felony under:
(A) Chapter 481 or 483, Health and Safety Code;
(B) Section 485.033, Health and Safety Code; or
(C) the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.).
(b) On final conviction for an offense described by Subsection (a), the Board shall revoke the chiropractor’s license.”
A third quite common complaint made against Texas chiropractors is that they have failed to maintain adequate and proper records and attendant documentation regarding their patients, or failed to provide it when requested, as required by Texas Administrative Code Rules 76.1 and 76.2.
Given the high rate of discipline doled out when these complaints arise, chiropractors need aid in strategizing their defenses to such allegations. Therefore, it is highly recommended that any chiropractor contact a professional license defense attorney as soon as they receive a notice of complaint from the Board. We know the right information to include and what to leave out to create the best possible scope for the complaint process to come. We also know the proper way to manage the investigation and the various hearings that follow in order to achieve the best possible outcome in the case.
Contact a chiropractor license defense attorney
BERTOLINO LLP is the representation you need. We handle matters related to complaints, ethics, and other important professional licensing issues. If you have received a complaint against your chiropractor’s license, BERTOLINO LLP can help. To best serve our clients, we have offices in Austin, Houston, and San Antonio.
Contact us today or call (512) 717-5432 and schedule a case evaluation.