Ohio Chiropractor License Defense Lawyer
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Licensing through the Ohio State Chiropractic Board and Ohio professional licensure defense can be complicated. If you need help obtaining a license or are accused of violating a law or professional rule, your best course of action is to contact an Ohio chiropractor license defense lawyer from Graff & McGovern to guide you through the administrative process and fight for you to keep your license.
What the Ohio State Chiropractic Board Does
The Ohio State Chiropractic Board regulates the state’s chiropractic profession, including licensing practitioners, inspecting clinics, investigating claims, and initiating disciplinary actions.
The board also creates and implements rules regarding the following:
- Licensing and verification
- Continuing education
- Documentation and recordkeeping
- Advertising and solicitation
- Ethics and code of conduct
- Sexual misconduct
Laws regarding chiropractors can be found in the Ohio Revised Code (ORC) Chapter 4734. The law establishes the power of the Ohio State Chiropractic Board to make rules for the profession. Very few laws address specific actions of chiropractors, as the rules made by the board detail licensing and maintenance of licensure.
Obtaining and Renewing a Professional Chiropractic License
The Ohio State Chiropractic Board establishes rules regarding licensing and license renewal for chiropractors. Minimum requirements to obtain a chiropractic license include:
- You must be at least 21 years of age.
- You must be of good moral character, as determined by the Board.
- You must have completed pre-professional education.
- You must be a graduate of a Board-approved chiropractic college.
- You must pass the National Board of Chiropractic Examiners (NBCE) exam.
You must provide official transcripts and fingerprint background check results to the Ohio State Chiropractic Board. You must also provide information about prior licenses you hold or held in the chiropractic profession.
Renewal of your license must be completed online through the eLicense system. If you fail to renew your license by the annual deadline, you may forfeit your license. In such an event, you would have to apply for reinstatement of your license, which may also be completed online.
If you have any issues involving your moral character, continuing education, or prior licenses, your license or renewal may be denied. However, an experienced chiropractic license defense attorney can work to help you obtain your license or seek a renewal.
Common Reasons for Chiropractic Board Investigations
One of the main functions of the Ohio State Chiropractic Board is to ensure all practitioners work within the law. If there are any complaints regarding behavior that would be a violation of the Board’s rules, then an investigation may be conducted. The Executive Director of the Board serves as the Chief Enforcement Officer and is responsible for investigations, consent agreements, and other formal actions.
Some of the most common violations of the Ohio State Chiropractic Board’s regulations include but are not limited to:
- Billing violations
- Treatment violations
- Unlawful solicitation or marketing violations
- Sexual misconduct with patients
- Working beyond scope of the profession
- Treating patients below the standard of care
- Being convicted of a crime
- Practicing without a license
- Failing to complete continuing education
If you are being accused of one of these or a different violation, contact our knowledgeable and experienced attorneys at Graff & McGovern. We may be able to help you clear up a misunderstanding quickly or defend you against a formal action.
Chiropractic Board Disciplinary Process
If a consumer or other professional files a complaint against you, then the Board will begin by determining if the complaint is within their purview. The Board only investigates allegations of its laws and rules. It does not investigate consumer issues such as fees for services or poor customer service. Next, the Board determines if the complaint should be referred to another agency, closed, investigated, or held open for additional information
If the Board undertakes an investigation, it will look for whether the facts support allegations of a violation. You may learn you are under investigation if you are contacted for an interview. If the facts do not support a violation, then no formal action may be taken and the complaint will be dismissed. However, if facts supporting an alleged rule or legal violation, then you will receive formal notice of the issue. You may receive a warning letter or a notice of your right to a disciplinary hearing.
If you receive notice of any investigation, warning, or disciplinary hearing, call an Ohio chiropractor license defense attorney. During a disciplinary hearing, an Assistant Attorney General presents evidence of the alleged violation and you are given the opportunity to present a defense. Each side can submit evidence to the Board, question witnesses, and cross examine the other party’s witnesses.
Throughout this time, you and the Board can also negotiate a Consent Agreement. This is similar to a settlement, in which you agree to a certain disciplinary action for a violation. The Consent Agreement will state the agreed facts and violations as well.
If you go through with a disciplinary hearing, then the hearing officer issues a report and recommendation to the Board. The Board can accept, reject, or modify the recommendation. Potential outcomes include a civil penalty, typically a fine, or the suspension or revocation of your license. If the allegations may amount to a crime, the Board may also pursue criminal charges. If the hearing officer finds that the complaint was unfounded, your charges may be dropped.
Once the Board finalizes its decision, you will receive notice. If you disagree with the outcome of the hearing, then you have a brief period of time to appeal the decision in your local court.
It is important to work with one of our Ohio chiropractor license defense lawyers from Graff & McGovern during a disciplinary process. No matter your situation or the allegations against you, you are entitled to a legal representative whose priority is to put your interests first and fight for the best possible outcome in your case.
Chiropractic Board’s Fine Schedule
If your alleged regulatory violation is not serious enough to warrant a suspension or revocation of your license, then you may be fined. The amount of the fine depends on the type of violation and whether it is a first or subsequent violation.
- Patient safety – First offense fined between $250 and $5,000, second offense fined between $1,000 and $5,000, third or subsequent offense fined between $2,000 and $5,000.
- Financial misconduct – First offense fined between $500 and $5,000, second offense fined between $1,000 and $5,000, third offense fined between $2,000 and $5,000.
- Advertising/soliciting – First offense up to $2,000, second offense between $500 and $5,000, third or subsequent offense fined between $1,000 and $5,000.
- Other regulatory offenses – First offense fined up to $2,500, second offense between $500 and $5,000, third or subsequent offense fined between $1,000 and $5,000.
How a Chiropractic License Defense Attorney Can Help
One of our Ohio chiropractic license defense attorneys can help you in many ways when facing a disciplinary action. To begin with, the complaint made against you may not be warranted or may be based on a misunderstanding. If there is a simple explanation for the issue, we will work with the Board to try to clear things up as quickly and efficiently as possible.
We can also guide you through the investigation while protecting your rights. If the investigation results in an action against you, Graff & McGovern can help you file for a hearing and build a defense. Our goal will always be to obtain you the best possible outcome in your situation, such as maintaining your license to practice. Depending on the situation, we may be able to help you negotiate a consent agreement to obtain an acceptable resolution to your matter.
Contact an Ohio Chiropractor License Defense Lawyer Today
If you have questions about licensing, receive formal notice of an issue, or learn through informal means that a complaint has been made against you, the best thing you can do is call our experienced legal team at Graff & McGovern. We are experienced license defense lawyers. Three attorneys in our firm are certified as administrative agency law specialists by the Ohio State Bar Association, and we can help you through this process.