The Board of Podiatric Medicine (BPM) regulates and oversees all licensed podiatrists' licensing and services. The board's primary mission is to protect the welfare and health of all patients by regulating and enforcing rules that podiatrists must abide by. After several years of education and the money you have invested in securing a practice license to help people with foot and ankle problems, the last issue you would want to deal with is criminal charges or issues of professional misconduct.

If you or a loved one is under investigation for criminal convictions, failure to provide adequate care, or negligence, the board could impose harsh disciplinary action against him/her, including revocation or suspension of his/her license. Luckily, not all criminal charges or allegations will make the board suspend or revoke your practice license.

Our experienced attorneys at Sacramento License Attorney can help you prepare solid defenses and present them to the BPM to increase your odds of securing a favorable outcome, including case dismissal or a lighter disciplinary action, like probation.

Vital Roles of Modern Podiatrists that You Ought to Know

We rely on our feet to carry our body weight and ourselves wherever we want to walk every day. However, most of us never think about how complex our feet are and the crucial roles they play in our body until a health issue arises, and then the services of a podiatrist become crucial.

Although these experts do not have to attend any medical school or college, they must undergo thorough training to secure certification and a license to practice podiatry legally. After receiving a practice license, a podiatrist can offer the following services:

  • Diagnosis of any foot-related ailments, including tumors, arthritis, ulcers, and fractures.
  • Corrective treatment services, including strappings and casts.
  • Correct patients' walking and balance patterns.
  • Providing individualized appointments to patients.
  • Innovation of different treatment remedies for various foot-related conditions.

Briefly explained below are examples of food-related conditions a podiatrist can treat:

  • Nail disorders — Some health conditions, like nail infections and toenails, can cause serious discomfort and pain to a patient. As a podiatrist, you must figure out the best way to relieve these bothersome symptoms by planning appropriate treatment for your patient's unique condition.
  • Sprains and fractures — Podiatrists' services can help treat foot and ankle-related injuries most athletes suffer during sporting activities.
  • Arthritis — Individuals fifty (50) years and older are more likely to develop arthritis due to wear and tear of their joints. Depending on the seriousness of your condition, a podiatrist would recommend physical therapy, medication, surgery, or other treatment remedies for this disease.
  • Diabetes foot — If you have diabetes, it can damage your leg nerves, making it challenging to detect when you have tiny wounds on your legs. With time, these wounds can worsen, necessitating an amputation. To prevent possible amputation of your leg, you should consult with a podiatrist if you believe you have diabetes foot for diagnosis and proper treatment.

Code of Ethics that a Podiatrist Must Follow

Once you complete the necessary education and training and pay the required fee, the BPM will grant you a podiatric license to offer your podiatry services to every patient in need. While securing your practice license is the final step you will pass through to begin your career as a podiatrist, the board will require you to follow and comply with a certain strict set of rules and ethics.

The common ethical guidelines that podiatrists, also known as "foot doctors," must abide by are listed below:

  • Accountability — A licensed podiatrist must take ownership of their actions and behaviors.
  • Confidentiality — As a trained and licensed podiatrist, you should respect the confidentiality of all your patients. It is unprofessional to disclose their information, including their names, phone numbers, or health issues, to other people without their consent.
  • Dignity — As a trained and licensed podiatrist, you must uphold dignity and honor in all your services.
  • Consent — Unless in an emergency, as a licensed podiatrist, you must seek patient consent before performing any diagnosis or treatment.
  • Sensitivity to various diversity — As a licensed podiatrist, you should value and honor the distinctions among families and patients who need your services.
  • Effective communication — As a licensed podiatrist, you must provide your patients with the relevant information they need to make informed decisions about their health.

Defending Your Podiatrist License

In many cases, the disciplinary process will begin once the BPM receives complaints against you, a licensed podiatrist. An insurance company, colleague, or patient could file these complaints. The law enforcement authorities could notify the board if you have a criminal charge or conviction, attracting a discretionary action.

Here is a brief overview of the stages your unique case will pass through once the board receives a report about a misconduct issue or violation:

Investigation

Once the licensing board receives a complaint against you, it will keenly investigate this incident and mail you a notice of investigation, informing you about the specific complaint filed against you and your legal right to file a response to the issue. The board's investigation and your response to the accusations will help them determine whether these claims you are up against are substantial.

The board will likely dismiss your case if your attorney can provide adequate evidence to prove that the complaints you are up against are insubstantial.

Consent Order

Sometimes, a formal hearing could be unnecessary if the board’s prosecutor has sufficient evidence and facts against you. That would be possible if you were willing to confess the accusations or complaints you are up against are true and negotiate for a lighter disciplinary action.

Although this will resolve your case faster and allow you to negotiate a desirable disciplinary action, it is not the wisest way to handle serious violations that can lead to the revocation of your podiatry license.

Formal Hearing

When securing a favorable disciplinary action at the consent hearing is impossible, you should prepare for the formal hearing to challenge the accusation you are up against. During this formal hearing, an administrative law judge (ALJ) will hear the allegations you are up against and review the available avoidance to determine whether disciplinary action is necessary.

A skilled attorney can help gather and prepare solid defense arguments to help you secure a desirable outcome.

The Board Decision

Once your formal hearing is over, the licensing board will determine whether to dismiss your case or impose disciplinary action for your violation or misconduct. The seriousness of the disciplinary action you will receive will depend on the circumstances and facts of your unique case.

Factors that Will Influence the Seriousness of the BPM’s Disciplinary Actions

The seriousness of the disciplinary actions the BPM will impose if the allegations you are up against are true will vary since every case is unique. Below are a few factors that can come into play when determining the seriousness of the possible disciplinary actions you will receive for your unique violation or professional misconduct as a licensed podiatrist:

  1. Whether You Have a Past Professional Misconduct Record

If you have a history of professional misconduct or criminal violations related to your duties, the board could revoke or suspend your license since you are unwilling to learn from your past mistakes.

  1. Whether a Patient Suffered an Illness or Sustained an Injury Due to Your Misconduct or Violation

The severity of podiatrist violations or professional misconduct issues often varies. These include negligence, failure to provide adequate care to a patient, or performing wrong treatment procedures. You will likely receive harsh disciplinary action if your professional misconduct issue or violation involves harm or injury to any patient.

  1. Whether You Have a Pending Criminal Charge

If you have a pending criminal charge for a crime substantially related to your profession and duties as a podiatrist, the board will likely take harsh disciplinary action on your practice license. Examples of these criminal violations include:

  • Driving under influence.
  • Sale of controlled drug substances.
  • Rape.
  • Insurance fraud.
  • Murder.
  • Petty theft.

  1. The Strength and Viability of Your Attorney's Defense Arguments

As mentioned above, when the board receives a complaint against you, it will investigate whether the accusations are substantial. As soon as you receive a notice of the investigation, you should consult with an attorney to help you prepare and file a defense response to the licensing board.

The viability and strength of the defenses your attorney will apply to challenge the allegations you are up against will determine the seriousness of the disciplinary action you will receive.

Examples of Disciplinary Actions the BPM Could Impose Against a Licensed Podiatrist

Depending on the various factors explained above and your attorney's mitigating arguments, the board could take any of the following disciplinary actions against you, a licensed podiatrist:

  1. Mandatory Examination and Assessment to Retain Your Practice License

If your violation is minor or non-serious, it could show that you are unfamiliar with the code of conduct that licensed podiatrists should follow in their daily duties. In this situation, the board could require you to take an examination. If so, the board will give you adequate time to prepare and take the exam.

When you pass the exam, the board will allow you to retain your practice license and continue offering your services.

  1. Probation

Probation or parole is among the most common disciplinary actions the BPM imposes for most violations and misconduct issues by licensed podiatrists. Although being on probation or parole will not make you lose your podiatrist license, you will have to comply with certain strict conditions during the probation duration. Examples of the conditions include:

  • Perform community service.
  • Enroll in a drug or alcohol counseling session.
  • Stay out of legal troubles.
  • Pay restitution.

Depending on your unique circumstances and facts, probation could last for three (3) to five (5)years. Being placed on parole restricts the podiatry services you will offer and where you can offer them. After serving a minimum of one (1) year probation duration, your attorney can petition the board to modify your probation conditions.

  1. License Suspension

If your misconduct issue or violation is serious, the BPM could suspend your practice license for a certain period. When the board suspends your podiatry license, you will not offer your services during the suspension duration. That means you cannot maintain your job or seek new employment when your podiatric license is suspended.

How long the board will suspend your license will depend on the nature and facts of your unique violation and your attorney’s mitigating arguments. Once the license suspension duration ends, your attorney can petition the board, requesting reinstatement of your practice license to continue offering your services.

  1. License Revocation

Revocation of your license is unquestionably the most serious disciplinary action you could receive when the board receives a complaint against you. Unlike probation or license suspension, when the board revokes your license, you will permanently lose your right and freedom to offer podiatry services.

How to Have Your Podiatrist License Reinstated After Suspension or Revocation

When the license revocation or suspension period ends, the board will not automatically reinstate it. Instead, you have to file a well-detailed petition with BPM for reinstatement. Ensure you have an attorney when petitioning the board to reinstate your podiatrist license.

Your attorney will know the facts and evidence to attach to your petition to convince the board you are an excellent candidate for a second chance to continue offering your podiatry services to those in need. Once you submit a reinstatement petition, the BPM will likely schedule a hearing to determine whether you deserve to keep your podiatrist license.

During this hearing, it is on you or your attorney to convince the board you deserve a reinstatement of your practice license. The board will likely reinstate your license if your attorney can prove with proper evidence that you adhered to the terms and requirements of your license suspension or revocation and you are a rehabilitated individual.

Find a Dependable Professional License Defense Attorney Near Me

Your several years of training and education could suddenly become worthless when BPM revoked or suspended your podiatrist license. When you are under investigation for any allegation or criminal charge that could attract the board disciplinary action, our attorneys at Sacramento License Attorney can help.

We understand how important your podiatrist license is to you. Once you contact us, we will do everything possible to assist you in securing a favorable outcome, including dismissal of the case or a lighter disciplinary action that allows you to continue offering your podiatry services.

Call us at 279-242-4711 to schedule your first cost-free consultation with us today.