Chiropractor Defense

BEST CHIROPRACTIC DEFENSE

The Best Chiropractor Defense Lawyer in California

Daniel Horowitz, a Board Certified Criminal Defense Lawyer (California State Bar Board of Legal Specialization), is a premier attorney for chiropractors. Alongside Michael Yates, a chiropractor and law school graduate, Horowitz delivers unmatched expertise and passion in representing the chiropractic profession.

Defending a chiropractic license requires specialized knowledge that surpasses the expertise needed for a physician license lawyer. The Chiropractic Initiative Act introduces an additional layer of complexity, demanding a deep understanding to effectively advocate for chiropractors.

As California’s foremost authority on chiropractic law and regulation, Daniel Horowitz has a proven track record. He successfully led the defense in the MUA case in Stockton, California, protecting over 100 chiropractors from arrest and criminal prosecution.

Our chiropractic license defense practice employs advanced legal strategies to address billing disputes, scope of practice challenges, regulatory issues, and licensing defense. The unique framework of the 1922 Chiropractic Initiative Act, combined with the California Department of Consumer Affairs’ regulatory structure, sets chiropractors apart from other medical professions in California. As the top chiropractic defense law firm in the state, we leverage our in-depth knowledge of the special rights and privileges granted to the chiropractic profession to deliver exceptional representation.

The Legendary MUA Case in Stockton, California

Over 200 chiropractors were on the brink of mass arrests for performing Manipulations Under Anesthesia (MUA) in California. The pivotal Stockton MUA case, the first of its kind in the state, was a turning point. If Daniel Horowitz had lost, prosecutors were ready to launch widespread arrests.

Daniel Horowitz faced off against eleven expert witnesses from the Chiropractic Board and insurance carriers, thoroughly and systematically dismantling their arguments. The prosecution was exposed for withholding evidence and manipulating witnesses. In a scene reminiscent of a movie, jurors began offering candy to Horowitz’s chiropractor client from their communal “keep jurors awake” bowl halfway through the three-month trial.

The victory in the MUA case halted the arrests, and months later, the board issued regulations making MUAs a safe and accepted treatment. If you performed MUAs between 2003-2005, you weren’t arrested because Horowitz and Yates won the Origel MUA case .

Read the Current Law Permitting MUA's. This was passed due to Horowitz' victory in the Origel MUA case.

$ 2 Million Dollars Collected from the Board of Chiropractic Examiners

Several years later, Daniel Horowitz sued the chiropractic board on behalf of whistleblower Carol Arbuckle. She revealed that the board had provided special treatment to a chiropractic board member whose license had lapsed and who had billed under someone else’s license. The chiropractic board fired Carol Arbuckle who sued for wrongful termination. The case went to trial and she ultimately recovered $2 million dollars.

See Court Decision Upholding $ 2 million dollar Judgment Against the Board

UNDERGROUND REGULATIONS

Regulations based upon politics and behind the scenes board conduct unlawfully restrict chiropractic care to the detriment of patients and practitioners. We call these underground regulations. This is a highly technical area of the law and having an experienced attorney and chiropractor working together allows for the highest level of legal and medical analysis. THESE REGULATIONS ARE ILLEGAL and if you are being disciplined for violating an unpublished and unvetted regulation you are entitled to constitutional protection.

How Do Underground Regulations Violate the Constitution?

Rules which are touted as rules for practice but which are enforced with inadequate or no public vetting are illegal underground regulations. The California Constitution prevents any agency from enforcing rules unevenly and without fair and adequate discussion and notice. This is a basic procedural and substantive due process right of the license holder and the public.

Daniel Horowitz carefully reviews conduct by the Board of Chiropractic Examiners for violations of Government Code section 11342.600. That section defines a lawful regulation this way:

“Regulation means every rule, regulation, order, or standard of general application or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by any state agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure.”

Often agencies will bypass this system and establish rules that function as regulations but have not complied with the statutory requirements. These are void, but must be challenged by the chiropractor who is adversely affected.

The basic rule is that when the board attempts to enforce a rule without having first followed the APA, that the rule is void, this is referred to as an “underground regulation.” The Board of Chiropractic Examiners is not the only board to violate this rule, but we have had numerous instances where we challenged their rulings in this situation.

Board of Chiropractic Examiners Rules & Regulations

Key Facts about the Chiropractic Profession (ACA Today)

Who Can Call Themselves a Doctor in California

Board of Chiropractic Examiners Disciplinary Guidelines

State of California Rules (CCR's) for Chiropractors

What is the California Board of Chiropractic Examiners?

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Board of Chiropractic Examiners

What are the Powers of the Board of Chiropractic Examiners?

Board of Chiropractors Exceeding Their Constitutional Scope Horowitz Brief Asserting that the Department of Consumer Affairs Illegally Controls the Chiropractic Board

Call our firm today at (925) 291-5388 to arrange an initial consultation with an experienced member of our firm.

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Client Testimonials

“Daniel and his team did an excellent job.”
Daniel and his team did an excellent job. He was always readily available to take my call and provided peace of mind through a stressful situation.

Reid V.
“There are lawyers and then there are real lawyers. Dan Horowitz is a real lawyer in every since of the word.”
There are lawyers and then there are real lawyers. Dan Horowitz is a real lawyer in every since of the word. Dan is a Certified Specialist in Criminal Law. You will not find very many attorneys having such recognition especially one that hits on all cylinders as Dan. In addition to his knowledge of the law and his experience, which I found to be unmatched, i appreciated the fact that he at all times is genuine, which for me says it all. Thank you Dan.

Cory N.
“He is one of a very few of that special breed.”
Very caring individual. Daniel handled my divorce back in 1991 and is a very understanding and caring person who took care of my needs with patience and understanding. He is one of a very few of that special breed. Wish to God there were more like him. Thanks, Daniel.

Jean M.
“I would highly recommend the Law Office Of Daniel Horowitz.”
My experience with Dan was great. I appreciate the knowledge Dan has and the professionalism they exhibit. I would highly recommend the Law Office Of Daniel Horowitz. My family and I are truly grateful we worked with him.

Brandon D.

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2 Certified Criminal Defense Specialists
1 Medical Doctor
1 MBA
1 Chiropractor