Holistic medicine has become a popular treatment choice for many people who want to manage and treat their health issues. One of the most sought-after holistic treatments for several health issues is acupuncture. While it is a famous treatment method, not every doctor can offer acupuncture. To become a licensed acupuncturist, you must undergo extensive training and pass the required test by the California Acupuncture Board (CAB).

Unfortunately, one criminal allegation, mistake, or complaint about your services can put your license and practice under scrutiny by the licensing board and possibly cause revocation or suspension of your license. However, the allegations or complaints filed against you do have to result in disciplinary actions.

Our credible attorneys at San Luis Obispo License Attorney understand how the CAB handles complaints against licensees and can help you defend your acupuncturist license to secure a favorable outcome.

An Acupuncturist’s Work at a Glance

Acupuncture is an ancient Chinese holistic treatment method that dates back many decades, and people use the procedure to treat several ailments, including chronic conditions and physical pain. Ancient Chinese medicine practitioners believe that inserting thin hair-like needs on specific points (acupoints) in your skin helps unblock your body's energy flow (chi) and improve your health.

Aside from helping treat people's chronic conditions, other duties of a licensed acupuncturist include assisting patients to:

  • Cope with long-lasting symptoms
  • Go through rehabilitation
  • On their nutritional and general health issues

Unfortunately, despite the effort you put into your services to ensure your patients achieve their optimal health, you are still at risk of losing your license whenever a dissatisfied patient files a complaint against you. Even an unmerited allegation is enough to make the licensing board (CAB) begin the confusing and complex disciplinary procedure.

Without aggressive legal representation to challenge these allegations, the disciplinary procedure could result in suspension or revocation of your practice license. That is why you need to retain the services of an attorney as soon as possible if you suspect that your acupuncture practice or license is under scrutiny by the CAB.

Criteria You Must Meet to Secure an Acupuncturist License

Like any other medical-related practice license, securing an acupuncturist license is not a walk in the park. Below are some of the requirements you must meet to qualify for an acupuncturist license:

  • You must be 18 years old and above
  • Provide evidence to prove that you have completed the required educational and training program, including the acupuncture tutorial programs approved by the board.
  • Pass all the written exams administered and supervised by the licensing board
  • Complete a board-approved clinical internship program
  • Pay the required initial license application fee

The CAB could accept or deny your acupuncturist license application based on the above criteria. Once you secure your license, you should do everything possible to protect it, primarily if your livelihood depends on it.

The CAB’s Main Mission and Duties

The primary mission of the licensing board is to safeguard patients and the public against substandard and unsafe medical practices by licensed acupuncturists. Since the board is more focused on protecting the public, they can easily believe false and unreasonable complaints filed by dissatisfied or ungrateful patients against a licensee and overlook vital evidence about the case.

Without aggressive legal representation, you could lose your acupuncture license in that scenario, even if the allegations are untrue. To stand a chance of retaining your license and continue offering you services, you should work with an attorney to unearth all the evidence that can help you challenge the alleged complaint for the best possible outcome.

To that end, you should know that the CAB is not on your side as an acupuncturist. In a nutshell, here are some of the duties the CAB plays to achieve its mission of protecting patients from unsafe acupuncture practices:

  • Ensuring only qualified practitioners receive acupuncturist license
  • Setting rules and standards licensed acupuncturists must abide by in their practice
  • Enforcing and disciplining acupuncturists who violate the set code of conduct
  • Offering a pathway on how patients can check their prospective acupuncturist licensing status
  • Encouraging licensed acupuncturists to enroll in continuing education to hone their skills and ensure they are current with best industry practices

Complaints or Issues That Could Make the CAB Launch an Investigation Against You

The CAB could launch an investigation against you for various reasons. Explained below are some of the compelling reasons that could convince the CAB to begin an investigation against your practice as a licensed acupuncturist:

Patient Safety Issues

The CAB will launch an investigation against a licensee once it receives complaints about your incapacity or carelessness in your services, which puts a patient's health at risk. Examples of patient safety issues that could attract the board’s investigation against your practice as a licensed acupuncturist include:

  • Failing to sterilize acupuncture needles
  • Placing the acupuncture needles incorrectly
  • Placing acupuncture needles outside of your expertise

Professional Misconduct

Some of the most common issues that compel the board to begin an investigation against a licensed acupuncturist involve professional misconduct, such as:

  • Substance abuse or addiction
  • Patient neglect
  • Sexual abuse
  • Falsified medical records

License Fraud

Allegations involving insurance fraud, operating without a practice license, or securing a license using fraudulent means will make the licensing board immediately begin an investigation against you and your practice as a licensed acupuncturist.

Compliance Issues

As a licensed acupuncturist, you must adhere to the Health Code and all the board’s rules and regulations that govern the acupuncture industry. When you fail to do so, and the CAB becomes aware of it, it will immediately begin an investigation against you to collect more information about the alleged compliance concerns.

Criminal Offenses

The CAB will know when a licensee is charged or convicted of a crime. Generally, when the prosecutor secures a conviction against you for a crime significantly related to your professional responsibilities as an acupuncturist, the court clerk will notify the CAB about the conviction.

Then, the board will investigate the criminal conviction to determine whether a disciplinary action is necessary.

If you suspect that a patient or colleague has filed a complaint against you, the wisest step you can take is to contact an attorney and know your options. A skilled attorney with experience handling similar cases will know the best defense approach to challenge the allegations you are up against for the best possible outcome.

Types of Crimes That Could Compromise Your Acupuncturist License

If you are a licensed acupuncturist and are under arrest or charged with a criminal offense, you should expect extra scrutiny from the licensing board. Nonetheless, not every criminal charge will attract the board's investigation. The board mainly focuses on offenses that impair your ability to offer acupuncture services ethically and safely.

For example, a conviction for drunk driving could raise doubts about your judgment and attentiveness when performing your duties. The CAB has various categories of offenses considered “substantially” related to your services and qualifications as an acupuncturist. A conviction under any of these categories could jeopardize your career as an acupuncturist, including:

Financial Crimes

Any financial offense involving theft could raise doubts about your financial responsibility and integrity, which you need to run an acupuncture therapy business morally. Examples of these offenses include the following:

  • Petty theft — You commit petty theft under PC 484 when you steal money or goods worth less than $950
  • Grand theft — You commit petty theft under PC 487 when you steal property, vehicle, labor, real estate, or money worth $950 and above
  • Insurance fraud — You commit insurance fraud when you use fraudulent means or misrepresentation of information to secure insurance benefits you would otherwise be ineligible to receive

Criminal Offenses That Affect Conduct and Trust

Any offense that raises doubts about your trust and behavior could attract negative disciplinary actions, including suspension or revocation of your acupuncturist license. Examples of these offenses include the following:

  • Sexual battery — Penal Code (PC) 243.4 makes it a misdemeanor offense to touch someone else's private intimate body parts without his/her consent for abuse, sexual gratification, or arousal.
  • Domestic battery — According to PC 243(e)(1), you commit domestic battery when you use violence or force against your child's other parent, cohabitant, spouse, dating partner, or fiancee.
  • Rape — PC 261 defines rape as the illegal use of threat, fraud, or force to compel someone to have non-consensual sexual intercourse with you. Since this offense is a felony in the eyes of the court, the penalties you could receive upon conviction are life-changing.
  • Assault — You commit an assault under PC 240 when you illegally attempt to cause a severe bodily injury to someone.

Substance Abuse

An offense that involves substance abuse could raise doubt about the ability to offer safe acupuncture services because this treatment requires keenness and precision, especially when placing needles on the acupoints in your body. Below are examples of substance abuse-related offenses that could put your acupuncture license at risk of revocation or suspension:

  • Driving under the influence — Also abbreviated as DUI, you commit a driving under the influence offense when you operate a vehicle under the influence of prescription drugs, illegal substances, or alcohol.
  • Simple possession of drug substances — According to Health and Safety Code (HS) 11350(a), it is unlawful to carry or possess controlled drug substances, including narcotics and prescription drugs, without a medically approved prescription.
  • Possession of controlled substances for sale — HS 11351 makes it a felony crime to have controlled drug substances in your possession with the criminal intent to distribute or sell them. For the sake of this statute, controlled substances include cocaine, heroin, marijuana, LSD, ecstasy, and peyote.

In addition to the life-changing legal penalties you could face upon conviction for any of these offenses, you could also lose your acupuncturist license. If you have any of these charges, you will rely on your defense attorney in every stage of the prosecution process to help you secure a favorable outcome.

Aside from helping you avoid or reduce the possible penalties, your attorney could help prevent harsh disciplinary actions by the CAB by aggressively challenging the alleged charge.

Possible Disciplinary Actions You Should Anticipate at the End of the CAB’s Disciplinary Process

As mentioned above, the CAB is responsible for enforcing and disciplining licensees where necessary for the public's safety and the industry's integrity. In a worst-case scenario, you could receive any of the following disciplinary actions for your professional misconduct or crime:

  • A fine — The fine the board will require you to pay will depend on the seriousness and sophistication of your unique violation
  • License suspension—When the board suspends your practice license, you will not be able to offer your acupuncture services for a temporary period
  • License revocation—License revocation is one of the most serious disciplinary actions you should expect because you will lose your license permanently. However, with the help of your attorney, you can appeal this decision after a certain period
  • License probation—When the board puts your license on probation, you can continue with your services. However, you must adhere to the board's terms and conditions during your probationary period
  • A letter of reprimand—A letter of reprimand is not a serious disciplinary action like license suspension or revocation, but it will create a public record, meaning your potential and current clients will know about your violation or misconduct

The specific disciplinary action you will face will depend on the seriousness and facts of your unique case. A seasoned attorney who understands how the CAB treats misconduct cases and criminal allegations against licensed acupuncturists could help you secure a favorable outcome, including dismissal of your case or a lighter disciplinary action.

Find a Seasoned License Defense Attorney Near Me

If you are facing an alleged crime or accusation by the CAB, you should never, by any circumstance, underestimate the situation. Even if you believe the allegations are untrue, the board will not understand that without hearing your defenses.

Our credible attorneys at San Luis Obispo License Attorney can help explain your side of the story to the board and provide evidence to help secure a favorable outcome. We invite you to call us at 805-465-2766 if you believe someone has filed a complaint against you or the CAB has started an investigation against your practice as an acupuncturist.