Like any other medical practitioner, you must undergo thorough education and training to become a qualified, licensed podiatrist who can treat various foot and ankle disorders. If you want to specialize in treating different foot and ankle problems, you will have to focus on a fairly narrow career path. However, you’ll also be able to help the community and the public with a very rare set of skills.
However, in the blink of an eye, when someone files an allegation of professional misconduct or another type of violation with the board, your hard-earned license and livelihood could be on the line. If you are a licensed podiatrist and have received a notice of an investigation from your licensing board for an alleged violation or misconduct, hiring an attorney could be helpful.
Our credible attorneys at San Francisco License Lawyer can help you prepare a response to the notice and prepare legal defenses to challenge the allegations for the best possible results.
A Podiatrist’s Incredible Duties
Our feet carry our body weight and support us while we perform our daily activities. However, most people do not realize how important and privileged it is to have healthy feet until an issue arises, and that is when your services as a podiatrist become an invaluable asset.
Your vital services as a podiatrist are crucial and much needed in hospitals, military bases, private practices, and other related environments. Some of your services include (but are not limited to) the following:
- Correcting walking and balance patterns
- Diagnosing and treating various foot problems, including arthritis, tumors, and fractures
- Providing personalized consultations to your patients
- Administering anesthesia and treating wounds
- Performing minor surgical procedures
As a licensed podiatrist, your services are critical and highly in demand. However, a single complaint from an unhappy complaint from a patient, whether valid or not could jeopardize your entire career and source of income. Regardless of your years of experience, understanding what to do when you are under investigation for an alleged violation or misconduct is crucial.
The BPM’s Mission
While the BPM plays a crucial role in issuing licenses and overseeing the services of a licensed podiatrist, its primary purpose is to ensure patient and public safety. To fulfill its vision of protecting the safety and health of the patients and the public, the board does the following:
- Ensures every applicant meets a certain qualification criterion to secure a podiatrist license
- Investigates complaints and allegations of professional misconduct filed against licensed podiatrists
- Imposes appropriate disciplinary actions on a licensed podiatrist guilty of misconduct or a criminal violation related to his/her qualifications and duties
Although securing a practice license is typically the last obstacle you need to overcome to kickstart your career, the BPM has a variety of standards and ethics you must comply with to ensure your patient receives reliable and safe treatment. Common ethical standards and skills that the BPM expects you to have as a qualified and licensed podiatrist include the following:
- Confidentiality
- Accountability
- Effective communication
- Sense of diversity
- Dignity
What Happens When BMP Receives a Complaint Against You
The board will begin an investigation against you and your practice when it receives a complaint or allegation about you from any of the following sources:
- A client or patient
- The public
- Colleagues at work
- Law enforcement agencies
After receiving the complaint, the board will initiate an investigation of the case and notify you of the violation, which requires you to respond within fifteen days. Your response helps the board determine whether those claims lodged against you are substantial enough to warrant a formal hearing.
That is why having an attorney on your side is crucial. He/she can help craft an appropriate response that can help you secure a favorable outcome. If your case lacks substantial or credible evidence, the board could dismiss your case and issue a stern warning. However, if there is sufficient evidence to support the claims filed against you, the board will schedule your case for a formal hearing.
The hearing occurs before an ALJ (administrative law judge), who determines whether allegations filed against you are true based on the evidence that your attorney and the board will produce.
Potential Disciplinary Actions to Expect at the End of the Administrative Hearing
If the ALJ finds that the allegations filed against you are true, he/she will propose an appropriate disciplinary action to the BPM, and then it will decide on whether to uphold or modify it. Depending on the facts and circumstances of your case, you could face the following possible disciplinary actions:
- License suspension
- Licensee revocation
- Community service
- Participate in an ethics class
- License probation
- Fine
The most severe disciplinary action the board could impose is license revocation. A license revocation means you cannot continue offering your services to earn an income for an indefinite period.
Nonetheless, even the least serious disciplinary action, like probation, could negatively impact you and your career because it will appear on the board’s website, ruining your reputation. That means potential clients and employers will know about your violation.
Factors That Can Influence the Type and Seriousness of the BPM’s Disciplinary Actions
The ALJ will consider the following aggravating factors when determining an appropriate disciplinary action for your violation:
- Whether the Patient Sustained an Injury
The seriousness of the disciplinary action you will receive will depend on the seriousness of your violation. If you committed negligent acts that led to your patient’s injury, you will face a harsher penalty, including a suspension or revocation of your license.
- You Have Prior Complaints or Violations on Your Record
If you have prior violations or misconduct on your record, your subsequent violation will attract harsher disciplinary action, as it shows you are a notorious offender.
- Whether There Is a Pending Criminal Case Against You
The BPM could take serious disciplinary action against you if the prosecutor has filed a criminal charge against you for the alleged violation. Examples of crimes that could attract the board’s disciplinary actions against your podiatrist license include the following:
- Drunk driving
- Aggravated assault
- Rape
- Insurance fraud
- Possession of controlled substances
- Grand theft
- Domestic violence
If you are under investigation or arrest for any of the above crimes, you should consult with an attorney as soon as possible to stand a chance of securing a desirable outcome, including a dismissal of the case or a lighter charge. A dismissal of the criminal charge could also help you avoid detrimental consequences on your podiatrist license.
- How Strong Your Legal Defenses Are
At the administrative hearing before an ALJ, your attorney will have a chance to present your side of the story and show why a disciplinary action would be unnecessary in your case. The strength of the evidence your attorney will present in court will determine the nature and seriousness of the disciplinary action you will receive.
Other factors the ALJ will consider when determining your appropriate disciplinary action for your violation include:
- Whether you have received rehabilitation
- Chances of violating or breaching the required code of ethics in the future
- The number of complaints filed against you
- Whether you have a lengthy criminal record
- Whether you cooperated with the board’s investigating officers
Other Common Reasons the Board Could Take Disciplinary Action Against Your Podiatrist’s License
Other common reasons the board could take disciplinary action against you or your practice as a licensed podiatrist include the following:
- Engaging in sexual conduct with your patients
- Fraudulently billing your patients
- Failing to keep your patients’ records or files properly
- Allowing an unqualified person to work under your license or practice
- Ordering unnecessary treatments for a patient
- Not meeting the requirements for continuing education
- Incompetency or gross negligence
- Failing to maintain your patients’ confidentiality
It is worth noting that these are not the only allegations or complaints that could jeopardize your podiatrist license. Since the BPM’s primary focus is the safety of patients and the public, it is likely to initiate disciplinary proceedings if it receives any of the above complaints or violations against you. The disciplinary proceeding will determine whether disciplinary action is necessary.
Why You Need to Hire a Reliable License Attorney When You Receive the BPM’s Notice of Accusation
If you are under investigation for an alleged violation or complaint that could result in disciplinary action against you, the legal assistance of an attorney could be helpful. Even if you are confident the allegations are fabricated or untrue, the board may require you to provide evidence to prove it. That is where the services of an attorney become essential.
In addition to offering you legal counsel during these stressful and nerve-wracking moments, the attorney you will hire will help you:
- Investigate the Allegations or Complaint Filed Against You
The board disciplinary process could be intimidating, affecting your ability to think critically about an issue that could affect your podiatrist license and livelihood. However, if you have an attorney, you do not have to worry about that because he/she will go to the root of the case and unearth crucial evidence that can help you prepare viable legal defenses.
- Negotiate with the License Board Investigators
A skilled attorney will focus on negotiating a fair settlement whenever possible to avoid the disciplinary process, which could result in disciplinary action. However, if a settlement is impossible due to the nature of your offense, your attorney can aggressively challenge the allegations at every stage of the administrative process to secure a positive outcome.
- Present the Best Legal Defenses at the Formal Hearing
At the administrative hearing, you will rely on your attorney to present legal defenses that can convince the ALJ to dismiss your case or impose a lighter disciplinary action. Some of the legal defenses that could work in your favor include the following:
- You are a victim of false allegations
- You committed an honest mistake
- The evidence presented against you is insufficient
- The board’s investigators violated your rights
- You are factually innocent, meaning you did not commit the offense
If necessary, an attorney could hire experts in your field to share his/her thoughts about the charges or violation filed against you. Experts could argue that your conduct does not fall below the required standard of care or that your violation does not warrant disciplinary action.
If your attorney has adequate evidence to support these legal defenses, including documentary evidence, expert testimony, and records, the board could dismiss your case. That means you will not face any disciplinary action, and you can continue offering your crucial services to people in need.
How to Seek a Reinstatement of Your Podiatrist License
In addition to impacting your source of income and livelihood, a revocation of the podiatrist license could compromise your career. While that is true, all hope is not lost, and you could qualify for reinstatement of your license. To secure a reinstatement for your podiatrist license, you have to file a reinstatement petition with BPM.
After a certain period, you could qualify to ask the BPM to reinstate your practice license. Your petition for reinstatement provides legal and factual justification for the board to reinstate your podiatrist license. Once you file your petition, the BPM will plan a hearing to determine whether you deserve to keep your podiatrist license.
During this hearing, your attorney will bear the legal burden of proof. The board will expect him to provide clear evidence showing that you deserve a reinstatement of your license. For example, your attorney can argue that you rehabilitated and that you adhered to the terms and conditions of your license suspension.
If this legal defense works in your favor, the board may reinstate your podiatrist license, allowing you to keep offering your podiatric services. Having a competent and skilled license defense attorney is key when you are under investigation for a complaint or violation that could compromise your podiatric license.
Even if a suspension is inevitable, he/she can help convince the board to modify the terms you must comply with during the suspension period.
Find a Skilled License Defense Attorney Near Me
Before the BPM imposes a disciplinary action against you or your podiatrist license, you will have a chance to defend yourself. Our experienced attorneys at San Francisco License Lawyer can intervene and provide you with result-oriented legal representation to help you secure a favorable outcome and protect your career as a podiatrist.
We invite you to call us at (415) 496-2811 to schedule your consultation with our license defense attorneys to learn about your legal options.
