The California Board of Podiatric Medicine, also abbreviated as BPM, is the government agency responsible for disciplining and regulating all licensed podiatric medicine practitioners. To become a doctor of podiatric medicine (DP), secure a practice license to offer your services lawfully, and earn an income is undoubtedly a fulfilling experience.
However, your profession and duties can put you at risk of accusations from clients and colleagues. To make matters worse, challenging the accusations to prevent disciplinary action can be quite intimidating and complex. That is where the services of a skilled license defense attorney become crucial.
At San Jose License Attorney, we have the deep-rooted experience and legal expertise it takes to fight fiercely for your future and hard-earned license. We understand how the BPM handles complaints against licensed podiatrists and will vigorously challenge the allegations to secure a favorable outcome.
What a Podiatry License Means and How to Secure One
A podiatry license is typically a professional certification that allows you to offer podiatric services within a certain jurisdiction. Some of your services may include diagnosing and treating conditions affecting your ankle, foot, and other parts of your leg.
Without a podiatry license, offering any medical-related services to patients will be unlawful and could make you ineligible for the practice license during your application. In addition to being a legal requirement, having a podiatry license shows your prospective patients that you are qualified and dedicated to your career.
To secure a podiatry license, you must meet certain examination and educational requirements, including securing a degree from an accredited podiatric medical school and passing the APMLE (American Podiatric Medical Licensing Examination). Then, you must complete a residency program where you will receive practical training to give you relevant experience in handling patients.
After meeting these requirements, you can submit your application for a podiatry license to the BPM, including all required documentation and the board’s fees. Some of the required documentation includes your education transcripts, proof of citizenship, proof of residency completion, and a receipt for the license application fee.
Once you do that, you should wait for the board’s official license approval and issuance before offering your services lawfully to earn income to care for yourself and your loved ones.
The Services That Podiatrists Offer
As mentioned in the previous paragraph, a podiatrist specializes in diagnosing and treating conditions affecting various parts of your leg, including your feet and ankles. If you are a licensed podiatrist, your work could involve resetting broken bones, performing minor surgeries, ordering lab tests, and prescribing medication. Common conditions that you can help treat include the following:
- Fractures and sprains — Your skills as a podiatrist are much-needed in sports to help athletes diagnose and treat fractures and sprains
- Nail disorders — Nail infections and ingrown toenails can cause severe discomfort to a patient. However, with your assistance as a trained podiatrist, you can help design a proper treatment for these conditions
- Arthritis — Arthritis is prevalent among people aged 50 and above and is often due to joint wear and tear. Fortunately, this is another common condition you can help treat. Depending on the severity of a patient’s condition, you can recommend surgery, physical therapy, medication, or any other treatment.
- Diabetic foot — Another common condition you can treat is a diabetic foot. This condition damages a patient’s nerves, making it challenging to detect small wounds on his/her foot
As a podiatrist, you can also recommend orthotics, padding, or physical therapy to treat your patients’ conditions. Unfortunately, regardless of the vital roles you offer in this modern society, it is easy for you to put your podiatry license at risk of suspension or revocation by your licensing board.
False accusations, a false complaint, or a small mistake is all that it takes to jeopardize your podiatry career. Fortunately, a skilled license defense attorney can help challenge the allegations or complaints filed against you, regardless of their seriousness, by providing clear evidence that increases your chances of securing a desirable result.
Without a skilled attorney to help level the playing field, you could face serious disciplinary action that could negatively impact your career and livelihood. Even if you have already received a disciplinary action, a seasoned attorney can assist you in petitioning against the board’s decision to secure the best possible outcome.
Rules and Ethical Conduct Principles That You Must Comply With as a Licensed Podiatrist
A code of ethics is a set of rules and principles that you must follow as a licensed podiatrist. After completing your education and meeting all the required requirements, the BPM will issue a podiatry license, allowing you to practice lawfully.
Although obtaining this license is the final obstacle to kick-starting your podiatry career, you must abide by the BPM’s rules and ethics to ensure you provide reliable and secure services to your patients. Below are typical ethical standards you must adhere to as a licensed podiatrist:
- Accountability — You must be accountable for your conduct and behaviors
- Confidentiality — The licensing board expects you to respect the privacy of your patients and coworkers. That means you should keep medical and their information confidential
- Sensitivity to diversity — As a licensed podiatrist, you should appreciate and respect the differences among your patients who depend on you to treat their foot-related medical conditions
- Dignity — A licensed and qualified podiatrist must always act with honor and dignity in all of their professional endeavors
- Consent — Unless your patient requires emergency services, you must ask him/her for consent before you undertake any treatment procedure or examination
Examples of Accusations or Complaints You Could Face as a Licensed Podiatrist
The nature of your duties and job as a licensed podiatrist exposes you to various accusations and complaints, which could compromise your practice license. Common examples of these complaints include (but are not limited to) the following:
- Patient abandonment
- Employing unqualified and unlicensed assistants
- Falsifying records
- Working while drunk or abusing substances
- Gross negligence or incompetence
- Failing to refer your patients to other doctors when necessary
- Engaging in a fraudulent activity, including insurance fraud
- Securing your podiatry license fraudulently
- Failing to maintain the required confidentiality with your patients
- A misdemeanor or felony conviction
When the board receives a complaint against you for any of the above offenses, it may decide to do any of the following:
- Take note of the allegations lodged against you and dismiss the case if the accusation is unmerited
- Investigate the case and schedule an administrative hearing
- Forward the case to the prosecutor for the filing of a formal charge against you in court
Depending on the facts and sophistication of your unique case, the board could also decide to suspend your podiatry license before you receive a verdict on your case at the administrative hearing. That means you will not be able to offer your services during this period, and that could negatively impact your livelihood, especially if the job is your only source of income.
Considering the seriousness of the disciplinary actions you could face when the BPM receives a complaint against you, hiring a competent license defense attorney is advisable if the board has served you with a notice of accusation. Typically, you have no more than fifteen days from the date of notice issuance to file your notice of defense.
What to Expect at the Administrative Hearing
During an administrative hearing, an ALJ will listen to the board’s accusations and your attorneys’ mitigating arguments and evidence to determine whether a disciplinary action is necessary. The ALJ will propose appropriate disciplinary action to the board within thirty days after the hearing.
Once the ALJ gives his/her proposed decision, the board will decide on an appropriate disciplinary action to take against you. After carefully analyzing the board’s decision, the ALJ could decide to do the following:
- Modify a part of it
- Adopt it entirely
- Proceed to the administrative hearing
After listening to arguments from the prosecutor and your attorney, the ALJ will decide on disciplinary action for your violation, including the following:
- Paying fines
- Probation
- License revocation
- Interim suspensions
- License suspension
For serious offenses, especially those involving gross negligence, the ALJ will likely propose revocation of your podiatry license, limiting your ability to practice for an indefinite period. That is why it is paramount to work with a skilled license defense attorney if you are under investigation for a complaint or violation that could compromise your podiatry license. The attorney you will hire will:
- Handle all the communication with the board’s investigators and the ALJ on your behalf
- Guide you at every stage of the disciplinary process
- Gather crucial evidence that can work in your favor to secure a desirable outcome
Generally speaking, the services of a seasoned attorney mean the difference between a dismissal of your case, a lighter disciplinary action, or revocation of your practice license.
Criminal Charges That Could Attract the BPM’s Disciplinary Actions
Like anyone else, being a licensed podiatrist does not shield you from criminal allegations. Your patient could file a complaint against you that may necessitate a criminal investigation. For instance, if the violation involves sexual abuse or assault, the board could transfer the case to the prosecutor for a formal criminal charge.
If you are under arrest or investigation for a crime that is closely related to your qualifications or duties as a podiatrist, chances are the court clerk will report the case to your licensing agency. Examples of crimes that could jeopardize your podiatry license include (but are not limited to) the following:
- Possession of a Controlled Substance
Health and Safety Code (HS) 11350(a) makes it a misdemeanor crime to have controlled substances in your possession. Controlled substances include medicinal narcotics without a doctor’s prescription and street drugs like cocaine. While the prosecutor can dismiss your drug possession case when you agree to complete drug court or a diversion program, other cases may necessitate a trial.
After a conviction for drug possession, your penalties could include up to one year in jail and a fine not exceeding $1,000.
- Sexual Battery
You commit a sexual battery offense when you touch another person’s intimate or sexual parts without his/her consent for sexual arousal, gratification, or abuse. Also commonly referred to as sexual assault, sexual battery is a misdemeanor, but your case could become a felony if the victim were medically incapacitated, unconscious, or restrained.
A misdemeanor sexual battery conviction under PC 243.4 could result in a jail term of up to six months and a fine not exceeding $2,000. A felony conviction under the same statute will result in a jail term of up to six years and a fine of $10,000.
- Drunk Driving
According to Vehicle Code 23152(a), it is illegal to operate a vehicle while under the influence of alcohol. The prosecutor could secure a conviction against you under this statute even if your BAC (blood alcohol concentration) is below the legal threshold of 0.08 percent. A first-time drunk driving charge conviction could result in the following penalties:
- 3 to 5 years of probation
- 6-month driver’s license suspension
- A fine of between $390 and $1,000
- Up to six months of jail time
- Healthcare Fraud
You commit healthcare fraud when you knowingly and willingly submit or cause another person to submit fraudulent or false claims to insurance companies or government agencies. If you are a licensed podiatrist, billing your patients for services you did not offer or procedures you did not perform could constitute healthcare fraud.
Depending on the facts of your unique case, a conviction for healthcare fraud could result in up to ten years of jail time, especially if your offense is a felony.
In addition to the hefty legal penalties, a conviction under this statute could also compromise your podiatry practice license. Once the BPM learns about the conviction, it could decide to revoke or suspend your professional license.
Find a Skilled License Defense Attorney Near Me
Securing a practice license to work as a podiatrist requires significant effort, time, dedication, and commitment. Therefore, when you receive the board’s notice of accusation, you should take the matter seriously and consult an attorney as soon as possible to help challenge the allegations.
At San Jose License Attorney, we understand that the BPM’s disciplinary process could result in a range of disciplinary actions, including a citation, a fine, a suspension, or the revocation of your podiatry license. We know the details of the BPM’s disciplinary process and work hard to protect your future and livelihood. Call us at (669) 330-4517 to discuss your case with our attorneys today.
