LICENSING
BOARD MAY REQUIRE HEALTH PROFESSIONALS TO PAY FOR COSTS
ZUCKERMAN V. BOARD OF CHIROPRACTIC EXAMINERS
The California Supreme Court held in
Zuckerman v. Board of Chiropractic Examiners (2002) 02 CDOS 7823, that the
regulation requiring chiropractors to pay for the pre-hearing costs of an
investigation and prosecution of a Board accusation was not a denial of
due process.
Reversing the appellate court’s
decision, the Supreme Court held that penalties for pre-hearing costs were
common and reduced the Board’s operating costs on a discretionary basis.
Zuckerman appears to be applicable to
all licensed health professionals, including physicians. The outcome of
this case was anxiously awaited by attorneys and health professionals
interested in state licensing matters.
