HAGÅTÑA (The Guam Daily Post) — The Guam Board of Allied Health Examiners is going to pursue legal action against Le Balance, a spa, for allegedly performing chiropractic services illegally.
Board Chair Mamie Balajadia summed up the case the board has against Le Balance, specifically involving employee Max Koo.
“So basically, Le Balance has been running a business office, doing, practicing chiropractic or acupuncture or physical therapy and do not have a license to do so. So, …what we are doing is investigating Le Balance and Mr. Koo is the person who is in charge,” Balajadia said Friday in a meeting of the board.
To date, the board has indicated Le Balance, Koo, Jonathan Kim and an unidentified police officer have been accused of practicing chiropractic services without licensure.
“Another person who is also practicing the same thing, and who is a police officer. So, we still have to investigate what is going on. We have not been able to identify and bring that person in and the (Guam Police Department) chief of police has already indicated to our administrator there is a person with that similar name, … (an) officer by that name,” Balajadia said.
She also confirmed that the investigation was being conducted by the board and not by an outside investigator.
According to the board, Le Balance is placing the community at risk by continuing operations, but it is also the first time the board will seek remedy from the court.
With the board seeking legal review during the meeting, members asked legal counsel Daniel Morris what legal options were available in the case given that Le Balance has not obeyed a cease-and-desist order from the board.
Morris advised the board on filing a lawsuit and the types of injunctive relief that can be requested.
“There are different levels of it. But essentially, at the same time that you filed the lawsuit, you asked the court to issue an order prohibiting a person from doing something. … There are three levels. A temporary restraining order, which is something that you generally get issued the same day you file the complaint. There is a preliminary injunction, which generally you get only after (an) evidentiary hearing, depending (on) the first month or so after following complaints, and a permanent induction, which would happen at the end of a complete trial. You have to secure that kind of relief. You have to generally show a likelihood on the success of the merits that you’ll likely win a lawsuit ultimately,” Morris said.
He also said the board must convince the court that the public interest is served by the issuance of the injunction, in the absence of the court stepping in.
Going to court does present some challenge, according to Morris.
“Regrettably, we don’t have enough resources to pursue this. But it would be to pursue that out of injunctive relief, and also, of course, you have statutory remedies that provide its unauthorized practice. … It’s a misdemeanor offense potentially,” Morris said.
He said the fact that there’s evidence of criminal wrongdoing by Le Balance would be favorable if the board goes before a civil court judge to argue for injunctive relief based on criminal conduct.
Doing so, however, would be the first time for the Board of Allied Health Examiners.
“That’s a challenge, I’m understanding, is that none of this has been particularly tested here on Guam. Has the board gone to court?” Morris asked. “It may just be that one successful prosecution of one of these places are enough to alert people the board is serious.”
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