Oranen v. State Board of Chiropractic Examiners

Opinion

HAERLE, J. I. Introduction

This is an appeal from a judgment of the San Francisco Superior Court denying a petition for a writ of mandate seeking to overturn an order of the respondent State Board of Chiropractic Examiners (Board) revoking appellant’s license as a chiropractor. We affirm.

II. Factual and Procedural Background

Appellant was a practicing chiropractor in Sacramento. He began his practice in May 1989 under the name Madison Avenue Chiropractic. In [260]approximately September 1994 he associated his practice at that location with a medical doctor, one Razia Y. Forte, M.D. For several months thereafter, he was professionally associated with Dr. Forte and a professional corporation owned by her.

On May 7, 1997, appellant pled guilty to violations of Penal Code sections 550, subdivision (a)(6) (insurance fraud relating to health benefits) and 484 (petty theft) and, simultaneously, no contest to a violation of Penal Code section 550, subdivision (b)(1) (insurance fraud). As part of the plea agreement, he agreed to pay some $150,000 in restitution to 15 different insurance companies. He also specifically admitted, via the plea agreement (1) the submission, during the period of January 1994 to January 1995, of duplicate claims for treatment of the same United States Postal Service employee, (2) the making of false and fraudulent representations to the United States Postal Service and the United States Department of Labor to defraud those agencies during the same period, and (3) the submission, during the period September 1994 through March 1995 of billings for treatments allegedly, but not actually, provided by Dr. Forte.

On August 19, 1996, the Board filed an accusation against appellant. On July 8, 1997, subsequent to his plea and conviction, it filed a “First Amended Accusation.” It charged appellant with conviction of crimes substantially related to the functions, qualifications, and duties of a chiropractor in violation of Business and Professions Code section 1000-10 and California Code of Regulations, title 16, section 317, subdivision (g).

On September 11, 1997, an administrative hearing began on the amended accusation in Sacramento before an administrative law judge (ALJ). The Board initially introduced only the court records of appellant’s plea agreement and conviction. It then rested, reserving the right to call appellant as a witness should he not testify in the course of his defense case.