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CHIROPRACTORS AND DUI

 

 

 

The licensing and discipline of Chiropractors in the State of California is regulated by The Board of Chiropractic Examiners

        Unprofessional conduct includes any conduct which has endangered or is likely to endanger the health, welfare, or safety of the public.  CCR Title 16 §317(e).

        The foregoing provision would seem to include a conviction for driving under the influence, but it must be considered in connection with B&P 1000-10 which states that the Board may discipline a licensee by reason of a “felony or of any offense substantially related to the practice of the chiropractic . . . .” This standard is repeated in the regulations which apply to the “conviction of a crime which is substantially related to the qualifications, functions or duties of a chiropractor . . . .” CCR Title 16 §317(g).

                                                                        

        Under the provisions of Bus. & Prof. Code § 803.5, the District Attorney or the Clerk of the Court is required to notify the Board of a conviction of a felony within 48 hours.

        The Board of Chiropractic Examiners requires that applicants and licensed Chiropractors submit Live Scan Fingerprints.  This means that the Board will be directly notified of any arrest, including a DUI involving it’s licensees or applicants for licenses. 

A plea or verdict of guilty or a conviction following a plea of nolo contendere to a felony or of any offense substantially related to the practice of chiropractic constitute grounds for discipline. 

In addition, the Board has authority to impose discipline based upon a finding of habitual intemperance in the use of alcohol, narcotics or stimulants to such an extent as to incapacitate him for the performance of his professional duties.

The issue of whether a single DUI can be the basis of discipline is a difficult prediction to make and must be viewed under the totality of all the circumstances.  Courts are becoming more and more deferential to the Administrative discipline of professionals since the decision in Sulla v. Board of Registered Nursing (2012) 205 Cal.App.4th 1195, 1207 [140 Cal.Rptr.3d 514, 524] which held that “even a single instance of using alcohol in a manner that is dangerous to oneself or others constitutes unprofessional conduct by a physician, a single conviction for driving under the influence (an act that is necessarily dangerous to self or others) could support a disciplinary proceeding against a physician”.

 

The Board requires disclosure of all criminal convictions, which have occurred within (5) years of any renewal application.

Be Aware:  Health providers will require that you maintain Professional Liability Insurance and those insurance company’s Application forms generally require disclosure of all investigations and arrests for felonies and misdemeanors as well as convictions. 

If you are an Chiropractor, or intend to seek licensure through the California Board of Chiropractic Examiners, and you have a pending DUI or other misdemeanor and/or felony charge, you need a qualified attorney who not only specializes in DUI defense, but also has the necessary training, experience and qualifications to represent you before the California Board of Chiropractic Examiners. 

 Your best chance to avoid license discipline by the California Board of Chiropractic Examiners is to have the best qualified lawyer to represent you for your DUI case.  At the Law Office of Barry T. Simons you can be assured of the strongest commitment to the defense of your DUI charge coupled with experienced representation before the Board if necessary.  Our goal is to avoid discipline by avoiding a conviction. 

 

 

 

Call 949-497-1729 for a free confidential consultation

Board Certified In DUI Defense NCDD (1 of 6 In California)

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Selected Only OC DUI Super Lawyer 2014-2017

OC Metro Top DUI Attorney

Rated Preeminent By Bar Register

AVVO 10 Top DUI Lawyer

Selected Only OC DUI Super Lawyer 2014-2017

Rated Preeminent By Bar Register

OC Metro Top DUI Attorney

By Barry T. Simons: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”.

By Barry T. Simons: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”.