Skip to Content
Call Us TodaP3:Sub:Phone}y! 925-291-5388
Top
Chiropractor Defense

 CHIROPRACTIC LICENSE LAW 

Dr. Michael Yates, D.C. and Law School Graduate

Expert Legal Defense for Chiropractors

Daniel Horowitz is legendary for his victory against the San Joaquin County District Attorney’s office and the Chiropractic Board, a case that garnered significant media attention He was assisted in that trial by chiropractor Michael Yates, who now dedicates his time to defending the chiropractic profession and working in personal injury law.

Daniel Horowitz and Michael Yates possess a deep understanding of chiropractic practice and extensive legal expertise. Daniel Horowitz, a veteran of over 200 jury trials is renowned for his legal acumen. Michael Yates, with 17 years of experience in the legal side of chiropractic medicine has become the most trusted advocate for chiropractors facing legal challenges. Our office specializes in areas such as scope of practice, billing disputes, treatment duration, and regulatory compliance.

The Legendary MUA Case (2005-2006)

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 eleven expert witnesses from the Chiropractic Board and insurance carriers, 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

Chiropractors are increasingly targeted with underground regulations.  These rules are touted as the standard for practice but no public vetting of the rule has ever taken place.  Daniel Horowitz has many successful results when he opposed underground regulations.   

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.  This 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 the rule is void.  It is called 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 on this basis.

Board of Chiropractic Examiners Rules & Regulations

Board of Chiropractic Examiners Disciplinary Guidelines

State of California Rules (CCR's) for Chiropractors

The Chiropractic Initiative Act

Few chiropractor license attorneys fully understand how the legislation placing the Board of Chiropractic Examiners under the Department of Consumer Affairs is unconstitutional.  Does this matter?  It matters a lot if the chiropractor is facing license suspension based upon unconstitutional DCA conduct.  

Horowitz has put the Board of Chiropractic Examiners under investigation when the exceed their authority and target chiropractors unfairly and unconstitutionally.

Daniel Horowitz and Michael Yates have a full understanding of the Chiropractic Initiative Act.  The Act was meant to protect chiropractors and Horowitz and Yates apply it protections to ward off insurance company and agency attacks on the profession.  

Read 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.
 

Client Testimonials

Contra Costa County Location - National Reputation for Excellence
    “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
    “I'm an Attorney and would highly recommend him to other professionals (and others alike) because he's the very BEST at what he does”
    Dan Horowitz handled my complex business issue with magnanimity, compassion, care, promptness, and utmost professionalism. I'm an Attorney and would highly recommend him to other professionals (and others alike) because he's the very BEST at what he does and has an uncanny knack at finding unique resolutions with unparalleled speed and efficiency. What is quite outatanding is that he treats each client with kindness and compassion as if a family member
    - Lovely K.
    “What impressed me most was his unwavering dedication to achieving the best possible outcome for me.”
    I cannot express enough gratitude for the outstanding legal services provided by Daniel Horowitz. He not only possesses an in-depth understanding of the law but also demonstrated a genuine commitment to me. He took the time to listen attentively to my concerns, providing clear and concise explanations of the legal processes involved in my case. He made me feel heard and supported during this tumultuous time. What impressed me most was his unwavering dedication to achieving the best possible outcome for me. The attention to detail and strategic approach to my case were evident at every stage. I am eternally grateful towards Daniel for what he has done for me and I wholeheartedly recommend his services to anyone seeking legal representation. Thank you Dan
    - Kento T.
    “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.
    “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.
    “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.
    “The Best Attorney I Could Have Asked For”
    “The Best Attorney I Could Have Asked For.”
    - Katherine Ryken
    “Dan Horowitz was the best attorney I could have asked for during a difficult time in my career.”
    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 R.

Contact Us Today

Fill Out the Form Below to Get in Touch With Our Dedicated Team
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • 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
  • 2 Certified Criminal Defense Specialists
  • 1 Medical Doctor
  • 1 MBA
  • 1 Chiropractor