Chiropractor Defense

BEST CHIROPRACTIC DEFENSE

The Best Chiropractor Defense Lawyer in California

Daniel Horowitz is lawyer for chiropractors and a Board Certified Criminal Defense lawyer (Ca. St. Bar Bd of Legal Specialization). He works with chiropractor and law school graduate Michael Yates to represent the chiropractic profession with a level expertise and enthusiasm that is unmatched and unparalleled.

A chiropractic license lawyer needs expertise beyond that of a physician license lawyer because the Chiropractic Initiative Act adds an extra layer of expertise necessary to represent chiropractors.

Daniel Horowitz is the state's leading expert on chiropractic law and regulartion. It was Daniel who successfully defended the MUA case in Stockton, California, preventing the arrest and criminal prosecution of over 100 chiropractors.

The license defense practice includes sophisticated legal strategies for billing disputes, scope of practice issues, regulatory matters, and chiropractic licensing defense.

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

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?

Contact Us Today

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

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.

Stay In The Know

Visit Our Blog

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.
“He believed in me and listened to what I had to say.”
I can not say enough about Mr. Horowitz and his staff. Brook was amazing to myself and my family. My case was very unique. He believed in me and listened to what I had to say. I highly recommend him and his staff. Yvett Bline

Yvett Bline
“We went to trial and he was in control of the courtroom. He was totally prepared.”
He told me that he hadn't lost a trial in a long time and he didn't want mine to break the streak. I didn't either! We went to trial and he was in control of the courtroom. He was totally prepared. But I was still worried because the prosecutor was very good as well. Daniel was confident but honest. The jury really liked him. As you can tell, he won my case because I am here, writing this review. Thank you.

Michael M.
“The Best Attorney I Could Have Asked For”
Dan Horowitz was the best attorney I could have asked for during a difficult time in my career. From the moment I met him, I felt believed, respected, and safe. He and his team were endlessly responsive and empathetic to me and my family. He fought for my case day and night, always keeping my best interests at the forefront of his mind. As I learned from Dan, it is never a good time in one’s life to need legal representation - but if you need it, Dan is your person, your advocate, and your best friend. We are forever grateful for his tireless commitment to justice for the people.

Katherine

View All Reviews

Contact Us Today

We’re Ready to Help

Fill Out the Form Below to Get in Touch With Our Dedicated Team

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

Why You Should Choose Us

We Have the Team to Help You

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