In the state of Texas, chiropractors are licensed by the Texas Board of Chiropractic Examiners, an agency whose mission is to "promote, preserve, and protect the health, safety, and welfare of the people of Texas by licensing skilled professionals and enforcing standards of practice." A major means it uses to enforce its dictates is by accepting formal complaints from the public and others within the profession against its licensees who are alleged to have broken the law, violated Board rules, or in some other way violated the standards of professional practice—including by engaging in unprofessional conduct. Any chiropractor whose license is complained against runs a real risk of losing their license.
The sorts of unprofessional conduct of which a chiropractor may be accused include engaging in sexual misconduct with a patient; engaging in fraudulent billing for services; threatening or physically harming a patient or other person while in practice; maintaining unsanitary conditions; failing to properly supervise subordinates; and misuse of claims about chiropractic practice in advertising; among other charges.
The Board's mission means that the tendency of the Board in reviewing a complaint is likely to be in favor of finding guilt—a prosecutorial standpoint. Every practitioner is guaranteed due process, however. The Board cannot simply revoke a license or levy any other form of discipline without first providing a licensee the right to respond to the allegations against them.
So when the Board first receives a formal complaint, it processes it and determines whether the allegations it contains fall within the Board's purview to discipline. If so, it alerts the licensee to the complaint's existence and allows them to respond with a written letter. This letter is a first salvo in the licensee's defense against the allegations and goes a long way toward determining the scope of the complaint process. If composed poorly, it may leave the door open for a widening of the investigation that follows, which can lead to further allegations and more opportunities for the Board to discipline the licensee.
So any notification of complaint that you receive from the Texas Board of Chiropractic Examiners should spur you into immediate action. From the get-go of the complaint process—and whether or not you believe there is a basis for the complaint—it is up to you to take every conceivable action to get the complaint dismissed. And your very first step should be to call an experienced professional license defense attorney, like us here at BERTOLINO LLP, as soon as you are able. Failing to do so may well mean the loss of your license.
Chiropractor License Defense Attorney
BERTOLINO LLP provides aggressive advocacy for establishments and professionals who are facing disciplinary action before a licensing body—for any reason. We know how to build a strong case to protect your license—and your livelihood. We highly recommend that no professional attempt to handle a complaint made against their license without the aid of an experienced license defense attorney.
Our law firm helps professionals like you keep their licenses when those licenses are under attack by a state agency or Board.
With offices in Austin, Houston, and San Antonio, we serve clients all over the state. As experienced attorneys, well-versed in state and federal laws, we know how to win. Our results speak for themselves!
If you are facing disciplinary action, contact us today or call (512) 717-5432 and schedule a case evaluation.