Grounds for Discipline, Complaint Handling, and Disciplinary Proceedings
Domain 4 tests grounds for discipline and the path from complaint to sanction.
Grounds and process
- Grounds include fraud or misrepresentation in obtaining a license, unprofessional conduct, incompetence or negligence, conviction of a crime involving moral turpitude, impairment, violation of the Act or board rules, false advertising, and failure to keep required records.
- Any person may file a complaint. Board staff screen and investigate; the board may dismiss, issue a letter of concern, or authorize a formal complaint. A contested case follows Chapter 536: notice, hearing, evidence, findings, and a written decision.
- Sanctions include reprimand, probation with conditions, suspension, revocation, and civil penalties or costs. The board may also impose restrictions or require remediation.
- The standard in an administrative hearing is generally preponderance of the evidence, not beyond a reasonable doubt.
Worked example
A patient alleges a chiropractor adjusted her neck after she refused and then altered the record. The board investigates the record and interviews witnesses. If it finds unprofessional conduct and record alteration, it may suspend and require ethics education. The patient’s separate malpractice claim is not the board’s remedy.
Traps
Do not confuse the board’s disciplinary process with criminal prosecution. Do not assume a complaint is public at the intake stage; confidentiality rules apply. Do not ignore a board subpoena. Do not assume a dismissed complaint erases the record. Do not overlook that record alteration can itself be a separate ground.