You must undergo specialized training to qualify as a podiatrist. This training equips you to treat foot and ankle disorders. Podiatric medicine requires you to put in money and time to secure a professional license, just like when studying to become a physician. You cannot practice or advance your profession without a professional license. However,  an accusation of misconduct or criminal activity can put your professional license at risk. The Board of Podiatric Medicine (BPM) can withdraw your professional license, especially if you do not seek proper legal representation when fighting the accusations against you. Your reputation can suffer, making patients lose confidence in you. A bad reputation will, in turn, hurt your source of income and livelihood. It can be hard to challenge claims of misconduct. You require a competent attorney to help you navigate these claims. Our attorneys at the San Luis Obispo License Attorney can help you fight the allegations against you and ensure you receive the best possible resolution for your case.

The BPM's Responsibility

Typically, the Board of Podiatrist Medicine does not focus on safeguarding podiatrists. The primary purpose of the BPM is to protect the public and the patients. The board is restrictive in issuing licenses and imposes various disciplinary actions based on its mission statement or role. It does this to fulfill its vision of ensuring that patients receive safe and professional foot and ankle care.

The BPM ensures patients do not sustain any injury while in the hands of podiatrists. It ensures that high standards are upheld in the practice of podiatric medicine. You must align yourself with the board's mission when practicing your career. In addition, you require a skilled attorney to fight for you when a patient or the public accuses you of professional misconduct or any other criminal offense. An attorney is necessary because the BPM can overlook crucial exculpatory and mitigating evidence, which favors you and believes your client's claims. The board often does this to appear fair to patients. Sadly, the board can act at the expense of your license and profession. You can face severe disciplinary action, affecting you for a long time, if you fail to hire a competent attorney.

Your attorney will investigate your patient's claims and table the evidence before the board on your behalf. A reasonable attorney knows the legal requirements in licensing and how to prevent the violation of your rights.

You can face various claims from different sources, including:

  • The public can claim that you are practicing without a license
  • Your patients can claim that you are a substance abuser or treat them while intoxicated
  • The board can allege inadequacies in your record keeping and falsifying the records
  • You could be accused of engaging in unprofessional activities
  • Your clients can complain that you have abandoned them

A Podiatrist's Duties

Our feet carry our bodies' weight and sustain us through the day's activities. Most people overlook the crucial role the feet play. A person will only seek the services of a foot doctor or a podiatrist when the problem arises. Many people do not even know that podiatrists exist until they face foot problems requiring specialized treatment and care. Private practices, military bases, or hospitals often require the services of foot doctors. You must have a professional podiatrist license to offer this specialized treatment.

These are the primary duties of a foot doctor:

  • Administer anesthesia
  • Treat wounds
  • Carry out surgical procedures
  • Attend to arthritis and sprains, among other foot ailments

Currently, the services of a podiatrist are in high demand because of the increase in obesity and diabetes cases. It is, however, easy to put your license at risk regardless of your vital role and the complicated process of seeking a podiatrist license. Your profession could be at risk because of a minor mistake, overrated claim, or false allegations. However, the good news is that a skilled attorney can fight for you regardless of the claims filed against you. If you face the complaints solely, the board can impose a harsh punishment that could impact your profession. You can still hire an attorney to help you petition against a ruling even if disciplinary action has been taken against you.

Podiatric Assistants Without Licenses

You are only allowed to practice podiatric medicine with a valid license. A podiatric assistant can only be eligible if he/she secures a license and passes specific exams. Some podiatrists could employ the services of unlicensed assistants to save money. This is a violation of the laws that govern podiatric practice. The BPM prohibits this because it is deemed to risk patients' lives.

You must carry out a background check of an assistant before employing them. Background checks help you to hire well-trained assistants who hold valid podiatric licenses. A minor mistake of overlooking your assistant's qualifications can put your career at risk.

Adequate Record Keeping

You must maintain adequate patient records and records of the prescriptions you give. During podiatric training, record-keeping training is also provided. The board can impose disciplinary action for lack of proper records while practicing. It is essential to have an appropriate record of the prescriptions because a patient can misuse some pain medications and accuse you of issuing the wrong prescriptions.

Proper records will also come in handy if you face disciplinary action. You can challenge any claims leveled against you by providing evidence that can only be in your records. The public or the patient can claim you are engaging in medical malpractice. You could lose your license if you lack adequate records showing when the patient first visited you, the signs, tests, and prognosis. Additionally, a patient can consult another podiatrist or clinic and be persuaded that he/she was misdiagnosed, given the wrong medication, or treated for the wrong disease. Proper records could provide enough evidence against false accusations, saving your license and profession.

The Statute Of Limitations For Your Defense

You should act fast when you are served with a notice that you are under investigation or when you receive a statement of issues. You will only have 15 days to file for defense from the day you receive the notice. It is wise to challenge the accusations leveled against you. Failure to file a defense can be detrimental to your profession even if you only receive a citation, which is the least punishment. In most situations, you can negotiate for lower charges even if the citation remains in place. Your punishment can be reduced if you present a defense early. The board might also decide to treat your case as confidential.

The board will evaluate the administrative law judge's ruling over your case. It will make its final judgment after the review. The law permits you to appeal the board's ruling. You will have 30 days from the ruling date to file your appeal in this case.

When You Face Criminal Charges

You can face criminal charges just like other professionals who face criminal convictions. The public or a patient can file claims against you, which could attract a criminal investigation. You can be arrested and charged if the police find grounds or validity in the claims.

The board can institute punishment against you based on your previous criminal record under the Business and Professional Code 490. However, you can only face administrative action if your crime is related to your qualifications or roles.

You can secure a plea deal at the criminal hearing, which can lead to a dismissal of your charges. However, you must have pleaded no contest or guilty pending the completion of probation. The plea amounts to a conviction or sentence before the board. You risk a revocation or suspension of your license if you commit the following offenses:

  • Grand theft under PC 487 or petty theft under PC 484
  • Insurance fraud under PC 550
  • Possession of a controlled substance under HSC 11350
  • Sexual battery under PC 243.4
  • Driving under the influence of drugs or alcohol under VC 23152
  • Domestic violence under PC 243e and PC 273.5

The board can ask the judge to limit your practice regarding your sentence. This can serve as one of your disciplinary actions under Penal Code 23. The BPM can also propose the following penalties to the judge:

  • Propose to the judge to restrict you from practicing podiatric medicine as part of your probation sentence. If you are not in custody and still holding your license, the board can restrict you, claiming to safeguard patients or the public from unsafe acts. In this case, you can only continue practicing if your attorney provides evidence that you are not dangerous to the patients or the public.
  • The BPM can also attempt to impose an interim suspension on your license for the time the hearings will take. This could negatively affect your profession and livelihood, mainly if the proceedings take a more extended period to end. Your attorney can contest the temporary suspension to allow you to continue practicing.
  • The BPM can propose to the judge to suspend, revoke, or place your license under probation as part of the disciplinary action. Your attorney can challenge the BPM's request by presenting relevant arguments. The judge can dismiss the board's request if your attorney convinces them.

If the BPM institutes a PC 23 order, your attorney can file a petition against the motion. In some cases, the judge could set a hearing to decide whether to adopt the board's proposal. You should hire an attorney to represent you and present your argument before the judge if a hearing is convened.

Rejecting Your License Application

The BPM has a right under the Business and Professional Code 480 to deny or issue an applicant with a license to practice podiatric medicine. It is common for the board to reject license applications for some reason. One of the reasons is a past criminal conviction. The board can also deny your application because of incidents during podiatric training. Your application can also be rejected if you are under disciplinary action as a professional in another jurisdiction.

You can still have your license application go through even with a past disciplinary action, provided you do not despair. You should always consider your right to appeal the board's decision and the hard work you invested in your license. You can file a petition to appeal with the help of a seasoned licensed attorney.

The board will allow you to present your side of the argument. You can have your license to practice approved if your attorney convinces the board. A reasonable attorney knows the documents required and how to negotiate with the board and approve your rejected application.

License Reinstatement

Is it possible to have your revoked license reinstated? Your attorney can file a petition to the BPM requesting the reinstatement of your license. The attorney can make an admission of accountability on your behalf. Attorneys mainly do this in matters that can lead to license revocation. Your attorney can present the petition alongside the proof of rehabilitation. The board will schedule a hearing where you will have an opportunity to present your case. You must convince the board that you are ready for the license and to continue practicing. In this case, a competent attorney knows the required evidence and the quality that would convince the board to rule in your favor. Allow a licensed attorney to take up your case, and you will have a higher chance to continue practicing.

Find a Reliable License Attorney Near Me

Considering the time and money you have invested in obtaining the license, you should never give up on your podiatrist license without a fight. When you learn that you are under investigation for a violation, you should contact an attorney immediately. An attorney will investigate your case and recommend the best legal strategy to safeguard your license. If you or a loved one has received a notice of the board's investigation, our attorneys at the San Luis Obispo License Attorney can help. We have helped many podiatrists facing disciplinary actions for years and obtained favorable outcomes for their cases. We can do the same for you. Contact us at 805-465-2766 to talk to one of our attorneys.