Licensed attorneys are subject to various rules and laws applicable to their profession, which the Texas Board of Chiropractic Examiners (“the Board”) enforces. Chiropractors may face disciplinary proceedings before that agency if they violate applicable rules or laws.
You need experienced legal counsel during these proceedings to protect your ability to operate your chiropractic office. A chiropractic license defense lawyer can represent you before the Texas Board of Chiropractic Examiners in disciplinary proceedings and help avoid or minimize the potential sanctions you may face.
Understanding the Complaint Process
The Board regulates licensed chiropractors in Texas. As part of its responsibility to protect consumers, the Board accepts written complaints from all parties, including members of the public. If the Board receives a complaint against you, it will begin the case assessment process within 30 days. The assessment consists of contacting the party who submitted the complaint and evaluating the facts and circumstances of the case. Next, if the Board finds sufficient evidence, it will investigate. At that point, the Board will notify you and the other party of the projected timeframe for completing the investigation.
If the Board Finds No Violation
After your response, if the Board does not substantiate a violation, the Board will notify both you and the complaining party that the complaint is administratively closed. You will not face any further action or proceedings concerning the complaint.
If the Board Finds a Violation
In some cases, the Board finds evidence that a rule or law violation has occurred. The Director of Compliance & Investigations reviews the complaint and the investigation results. The Director then submits a recommendation to either the Executive Director or the Enforcement Committee, composed of two chiropractors and one member of the public. Only then is a decision made about whether a violation has occurred. The Board will notify you of the violation within 14 days of this determination.
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Once you receive notice of the violation, 22 Tex. Admin. Code §80.2 requires you to formulate an appropriate written response within 20 days. Otherwise, you risk facing disciplinary proceedings and enforcement action with no chance to defend yourself from the allegations against you. You cannot afford to take that chance with your career and livelihood at stake.
Formal Disciplinary Proceedings Before the Board
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If the Board opts to take formal disciplinary action against you, it often will schedule an informal settlement conference under 22 Tex. Admin. Code §80.11 to discuss the possibility of reaching an Agreed Final Order. An AFO resolves the complaint without further disciplinary proceedings and contains agreed-upon findings and sanctions.
If the parties cannot reach an AFO or other form of agreement, or if you don’t respond to the AFO proposed by the Board, the Board will send the case to the State Office of Administrative Hearings (SOAH) for a contested administrative hearing. An administrative law judge would conduct a hearing, listen to both sides and then submit a decision to the Board for approval.
In most cases, the Board will resolve disciplinary complaints within three to six months. However, that timeframe may differ depending on whether you reach an agreement with the Board or must proceed to a contested hearing at the SOAH.
Sanctions in Disciplinary Proceedings Before the Board
When the Board has determined that you committed a violation, it must determine what action to take against you for that violation. Various actions are available to the Board, which include the following under 22 Tex. Admin. Code §80.3:
- License revocation;
- License suspension;
- License suspension with probation;
- Written formal reprimand;
- Administrative penalty assessment;
- Retaking the jurisprudence exam; and/or
- Additional continuing education.
Furthermore, the Board can impose additional conditions or restrictions as a condition of a licensee’s discipline, which could include:
- Complete additional specific continuing education;
- Pass a specific examination;
- Restrict the type of treatments, treatment procedures, or class of patients to be treated;
- Restrict the ability to supervise others; or
- Require the licensee to undergo a psychological or medical evaluation and undergoing any recommended treatment.
However, all violations of any statute or Board rule are subject to a maximum penalty of $1,000 per violation per day, plus license revocation.
The Board also has classified specific violations of rules or laws into two separate categories, based on severity under 22 Tex. Admin. Code §80.4. The Board will report Category I violations to national practitioner databases as the law requires. However, the Board will not report Category II violations to national practitioner databases as required by law unless the violation is egregious, or the licensee has a significant history of similar administrative violations.
We Will Represent Your Interests Before the Texas Board of Chiropractic Examiners
We know how important it is for you to maintain your law license and continue to practice law. We aim to help you handle disciplinary proceedings and mitigate or prevent resulting sanctions. The experienced chiropractic license defense lawyers at Bertolino LLP, will advocate to protect your license during your disciplinary proceedings. Call us at (512) 515-9518 or contact us online.
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