To become a licensed podiatrist or foot doctor, you must train for years and incur huge expenses in obtaining the approval to treat ankle and foot issues. You cannot be authorized to practice in the field without a valid permit from the California Board of Podiatric Medicine (BPM). Once you obtain the permit, you perform critical roles, such as performing surgical procedures and treating wounds, sprains, arthritis, and other foot issues in hospitals, military bases, and other settings. Unfortunately, a simple mistake or exaggerated claim can result in the loss of your license and ability to practice.
At the Orange County License Attorney, we understand that license defense can be nuanced. Our attorneys are available to aggressively defend you and prevent wrongful license cancellation, withdrawal, probation, or any other harsh disciplinary punishment that hinders your capacity to practice.
The Functions of a Podiatrist
Many people barely stop and appreciate the critical role the feet play in daily life. However, when one develops a foot or ankle problem and starts having trouble carrying body weight, that is when they appreciate the role of healthy, functional feet. The common foot issues you can suffer from include sprains, diabetic foot, wounds, and arthritis.
Where does a patient go when they have a foot problem? To a podiatrist or foot doctor. These healthcare professionals are trained to treat or manage various foot problems. Not all patients requiring specialized foot care achieve the results they desire for various reasons, which can trigger frustration typically directed at the podiatrist. This results in wrongful accusations of incompetence, misconduct, and other allegations that could adversely impact the licensee’s capacity to practice. The California BPM exists to protect the public, meaning they will believe the claimant’s story over yours, which can lead to wrongful disciplinary measures.
Fortunately, an experienced podiatrist license defense attorney can help you fight the accusations you face, regardless of their type or severity, to secure less strict administrative consequences or charge dismissal. Even though this is an administrative case, defending yourself is a huge mistake that could cost you your reputation, income, and capacity to practice. So, when you learn of an impending accusation or face administrative penalties from BPM, you should consult with a seasoned podiatrist license defense attorney for legal guidance and defense.
California BPM Mission
The mission of BPM is to restrict the podiatrist licensure process and impose administrative consequences on licensees who engage in violations to guarantee public safety and standard foot care. While the regulatory entity issues licenses to qualified podiatrists, its main focus is to protect the public from harm. The BPM sets the professional standards and ethics that licensees must abide by during practice to reduce the risk of harm when practicing podiatric medicine. While this is the goal of the board, podiatrists have a significant role to play in its fulfillment.
However, due to the BPM’s mission, they can overlook crucial evidence or mitigating factors in your favor, believing every claim, false or exaggerated, that is filed against you, a licensed podiatrist. While the regulatory authority conducts itself with the intent of gaining public trust, sometimes it ends up destroying the livelihoods and careers of accused podiatric medicine practitioners. So, when your license is on the line, retaining the services of a seasoned attorney is crucial in defending your license to prevent wrongful disciplinary measures.
A seasoned legal representative will investigate the claims to find evidence that clearly tells your story. Besides, their knowledge of the licensure process will help identify any violations of your rights and use it to negotiate a fair settlement that does not hurt your permit.
The common complaints you will likely face as a podiatrist include:
- Gross negligence, negligence, and incompetence during practice
- Insurance fraud and other fraudulent activities
- Abandonment
- Acquiring a podiatrist license fraudulently
- Performing acts outside the scope of your profession
- Inadequate record keeping or falsifying patient records
- Failure to refer a patient to another physician when there is a need to
- Administering foot care while under the influence of alcohol or drugs
- Hiring unlicensed podiatric medicine assistants
- Practicing without a valid license
- Unprofessional conduct
Check the BPM manual disciplinary guideline online for the detailed list of allegations that could threaten your permit.
- Importance of Record Keeping
California BPM encourages proper keeping of patient and prescription records, and it reinforces this by providing record keeping as part of the podiatric medicine training and licensing. If, as a BPM licensee, you fail to maintain proper records of patient information and the prescriptions you administer, you risk disciplinary action. Therefore, maintain proper records, especially for the prescriptions you issue, as pain medications are more susceptible to misuse.
Additionally, proper record-keeping can help prove your innocence during an allegation. You can use your record of diagnosis, therapy, and prescriptions to prove that the claims by an accuser are false or exaggerated. If you lack records, you can easily be accused and wrongfully found guilty of gross negligence, unprofessional conduct, or incompetent administrative charges.
Furthermore, sufficient record keeping helps when you need to refer the patient to another podiatrist or physician for additional treatment or a second opinion. That way, even if a patient claims you made the wrong prognosis or prescription, your records will be available to prove otherwise.
- Hiring Unlicensed Podiatric Medicine Assistants
The BPM discourages its licensees from enlisting the services of unlicensed assistants. Professional assistants must undergo the necessary training and licensure process before they can practice. Unfortunately, some hospitals or private practices attempt to cut labor costs by hiring unlicensed assistants, putting the safety of the patients at risk and compromising the industry’s standards. This is a violation of the regulatory agency’s guidelines and can attract disciplinary action. If you must hire, look for qualified experts and run background checks to ensure they have no conviction for an offense that affect their ability to provide quality services.
- Criminal Convictions with a Substantial Relationship to Podiatric Medicine
If you have a prior criminal conviction or have been convicted of a crime after acquiring your license, an aggrieved party can level a complaint against you with the BPM. California BPC 490 gives the board the mandate to initiate a disciplinary proceeding against licensees based on previous criminal convictions. Nevertheless, the board must demonstrate the record has a substantial relationship with the podiatrist’s ability to perform their professional duties. If you face a charge that threatens your license, your criminal attorney can negotiate a favorable deal that does not result in a conviction but a charge dismissal after completion of probation. You take the deal in exchange for a no contest or guilty plea, which to the board is a conviction. It is only after completing probation that the board dismisses the conviction.
Crimes whose guilty verdicts result in podiatric license revocation or withdrawal include:
- Controlled substance possession
- Sexual battery
- VC 23152 DUI
- Domestic violence
- Petty and grand theft
- Insurance fraud
If you are convicted of any of these offenses, the board can request the judge to limit your permit as part of your PEN 23 penalties. The court can:
- Revoke, withdraw, or place your license on probation
- As part of your probation, the court can restrict your practice and impose conditions on your license. However, these penalties are imposed if you are not in jail or retain your ability to practice.
- Impose an interim or temporary suspension of the permit pending the trial. The suspension can hurt your livelihood and career significantly because the case can last for months or years, a period during which you will be out of practice. However, your license attorney can challenge the interim suspension to allow you to continue practicing pending the determination of the criminal case.
Your attorney can file a motion to contest the institution of PEN 23 orders. The judge then sets a hearing to determine if the interim suspension is necessary.
Before the board administers any disciplinary measures, it considers the type and severity of your violation. The duration you have been practicing without a violation and the circumstances in aggravation or mitigation will also be considered to determine whether the victim was injured or likely to be injured under the circumstances. The administrative law judge (ALJ) considers these and other factors to determine the most appropriate administrative punishment you should face if it is established the accusations against you are true.
Not all allegations end with a statement of issues or formal accusations, meaning an accusation of violation is not the end of your career. And in the event the case ends in a formal accusation and administrative proceeding, your attorney can challenge the board’s evidence and present mitigating factors for a fair disciplinary measure that allows you to keep practicing, even though under strict conditions.
Potential Administrative Penalties of a Violation
The goal is to retain your license. Some of the administrative penalties that enable you to retain your license but still face disciplinary measures include:
A Private Censure
A private warning letter or censure warns you of the consequences of continuing with your conduct in the future to discourage you from the behavior leading to the violation. However, this letter is kept private so it does not hurt your reputation.
Fines and Citation
A fine or citation after a violation can have severe consequences. A citation details your violations or accusations, and it stays on your record and is visible to your clients, which can hurt your reputation. While a fine might not dent your reputation, it can hurt your finances, especially if it is imposed after your license has been on interim suspension for months or years. Fines can range from $250 to $2,500 contingent on the gravity of the violation and the administrative charge’s facts.
You must pay the fine within two months of the BPM’s penalty enactment. However, if you have not been practicing and are experiencing financial difficulties, your defense attorney should negotiate a flexible payment plan that allows you to pay the fine within twelve months.
Not everyone is eligible for fines and citations. The punishment is available for defendants with minor violations that did not result in physical harm.
Additionally, the court can impose a public reprimand, where your clients and employer learn of the violation. While you might retain your license, these punishments stay on your professional record, hurting your reputation and ability to attract new clients or employers or retain existing clients and employers.
For severe violations that result in patient injury or pose the possibility of harm, the BPM administers the harshest disciplinary measure, which is license suspension or revocation. A suspension only lasts for a specified duration, but it completely bars you from practicing podiatric medicine for the period. Nonetheless, once the suspension period lapses, you can apply for reinstatement. Conversely, a podiatric license revocation is the harshest administrative punishment you can face. It prohibits you from practicing indefinitely, although you can apply for reinstatement after a specified period, with the help of an attorney.
Even after a suspension, your attorney can still fight the revocation by staying the suspension or revocation. Here, you are allowed to retain your license but practice under supervision and probation for 36 to 60 months. Usually, the court imposes probation if your administrative charge is for drug or substance abuse. If your license is on probation, it means you are too, and you must adhere to the conditions imposed by the BPM or risk revocation of the program and imposition of the initial license suspension or revocation. Because probationary terms are negotiable, your attorney must negotiate for a short probation period and favorable terms to minimize the chances of a violation. If you comply with the terms for the period of the stay, the board will restore your permit.
Deadlines for Defending Yourself
You should contact a license defense attorney right after you receive an investigation or formal accusation notice. You only have fifteen days to submit a response, failure to which will result in default disciplinary action. Even the most lenient punishment can be damaging to your profession, hence the need to fight against any accusation. If you submit your defense on time, you buy yourself the opportunity to prove your innocence or present mitigating factors for lesser punishment. If you are not satisfied with the final verdict by the BPM, you can appeal the decision within thirty days.
Find a Competent Podiatric Medicine License Defense Attorney Near Me
Securing a podiatric license takes years of training, education, and preparation, not to mention the high cost of training and licensing. Despite the long and expensive process of becoming a podiatrist, you can lose it because of a minor mistake or misunderstanding. At the Orange County License Attorney, we can defend your career and livelihood from any threats so that you can continue helping people with foot issues. Call us at 714-782-6386 for a free case evaluation and legal guidance.
