Sexual Misconduct (PC 243.4, 261, 289)
Sexual misconduct allegations are among the most serious charges an acupuncturist can face because they allege that you engaged in sexual acts under the pretense of treatment. For example, claims that a practitioner intentionally touched a patient’s intimate areas without consent, or misrepresented a sexual act as part of therapy, could lead to charges of sexual battery (PC 243.4), forcible sexual penetration (PC 289), or even rape (PC 261). These offenses are classified as felonies, and convictions could result in prison time, mandatory registration as a sex offender, and permanent loss of licensure.
Common Defense Strategies Include:
- Lack of Intent: Showing that the contact was incidental and carried no pretense of violation.
- Consent (if applicable): Demonstrating that the act was consensual won’t preclude loss of license because it still crosses ethical boundaries–but proving consent could at least remove the threat of a criminal conviction.
- False Accusation: Challenging the credibility of the accuser or proving ulterior motives behind the allegations.
Unlawful Practice of Medicine (BPC 2052)
Acupuncturists are trained primarily in traditional Chinese medicine techniques and must stay within the scope of their licensure. If an acupuncturist ventures outside that scope, such as attempting to diagnose complex medical conditions, ordering unnecessary diagnostic tests, or prescribing medications, they could face charges under Business and Professions Code 2052 for practicing medicine without a license. This could be charged either as a misdemeanor or a felony in California. For example, an acupuncturist advising a patient to stop taking prescribed medication or offering unlicensed treatments might trigger criminal charges.
Common Defense Strategies Include:
- Misunderstanding Scope: Demonstrating confusion about licensing limitations rather than intentional misconduct.
- Supervision by a Licensed Physician: Showing that the actions were taken under the guidance of a qualified medical professional.
Insurance Fraud (PC 550)
Billing insurance companies fraudulently can lead to both loss of license and criminal charges. Examples of insurance fraud include billing for treatments that were never provided, exaggerating treatment expenses, or diagnosing conditions purely to secure reimbursement. Under Penal Code 550, this may be charged as a felony offense applicable to both private insurance claims and public programs like Medi-Cal.
Common Defense Strategies:
- Clerical Errors: Proving that discrepancies in billing were unintentional.
- No Fraudulent Intent: Demonstrating there was no intent to mislead or financially benefit from the mistake.
Controlled Substance Violations (HSC § 11350, § 11173)
Acupuncturists in California generally cannot prescribe or distribute controlled substances. Any involvement with banned drugs, such as possession (HSC 11350), sale, or creation of forged prescriptions (HSC 11173), could result in criminal charges. Even allegations of indirectly accessing controlled substances can lead to an investigation and charges.
For example, possessing prescription pads without justification or working alongside unlicensed individuals involved in drug distribution might trigger prosecution.
Common Defense Strategies:
- Illegal Search and Seizure: Demonstrating law enforcement obtained evidence improperly.
- Lack of Knowledge: Arguing the substances were unknowingly in their possession.
Battery (PC 242)
Battery charges can arise from claims of unwanted or excessive force during acupuncture treatments, such as rough needling or physical contact without consent. Under Penal Code 242, battery is typically treated as a misdemeanor. However, if the patient sustains significant injuries or belongs to a protected group (e.g., elderly or disabled), the charge may escalate.
Common Defense Strategies:
- Implied Consent: Proving that the patient consented to the treatment and physical interaction.
- Accidental Contact: Showing that any contact was inadvertent and not intentional.
False or Misleading Advertising (BPC 17500)
Acupuncturists must avoid making exaggerated claims about treatments or misleading customers through advertising. Statements suggesting guaranteed cures or unsupported benefits could violate Business and Professions Code 17500. These charges are typically treated as misdemeanors but may result in license penalties or financial consequences.
Common Defense Strategies:
- Corrective Action: Offering proof that advertising errors were promptly corrected upon discovery.
- Industry Best Practices: Demonstrating reliance on accepted descriptions or marketing norms.
Los Angeles Criminal Defense Attorney for Acupuncturists
No acupuncturist plans on facing criminal charges, but these situations can arise from misunderstandings, errors, or false accusations. If you’re facing legal allegations, acting quickly and carefully is crucial. Avoid speaking with law enforcement without proper legal representation and take immediate steps to protect your practice and reputation.
We understand the unique challenges acupuncturists face in navigating the legal system. If you’re an acupuncturist in the Los Angeles area and need compassionate legal counsel, call our office today to schedule a confidential consultation.