OAL Initial Decision  |  Final Decision and Order

NEWARK – Acting Attorney General Matthew J. Platkin announced today that the State Board of Chiropractic Examiners has permanently revoked the license of Dr. Archer Irby for committing acts of professional misconduct by inappropriately touching and making sexual comments to four female patients whom he treated for pain.

Dr. Archer Irby operated Irby Spinal Care located in Englewood, New Jersey (Bergen County). The reported violations involving the four patients include incidents in which Dr. Irby touched the patients’ breasts, put his mouth on one patient’s breast, exposed his genitalia to two patients, and made lewd and suggestive comments while providing the patients with chiropractic treatment between 2012 and 2016.

The Board’s action to revoke Irby’s professional license aligns with the Initial Decision issued by the Honorable Thomas R. Betancourt, Administrative Law Judge, on April 27, 2022, following eight days of hearing.

Judge Betancourt found that Dr. Irby, as described in the testimony and documentary evidence, engaged in harassing, intimidating, and predatory conduct and engaged in acts and practices that violated the standard of care for licensees in New Jersey and brought disrepute to the profession.

“Dr. Irby sexually violated and harassed his patients, abused their trust, and grossly breached the standard of care expected of New Jersey chiropractors,” said Acting Attorney General Platkin. “Any professional engaging in this kind of depraved misconduct can expect to face severe consequences.”

In a Final Decision filed on July 27, 2022, following review of the Initial Decision and the record, the Board adopted the Judge’s findings of fact and conclusions of law with one modification. The Board found that Dr. Irby engaged in gross and repeated acts of negligence, professional misconduct, and violations of Board regulations related to sexual misconduct.

Denouncing Dr. Irby’s conduct as egregious, depraved, and predatory, the Board noted that nothing less than a permanent revocation of license would be appropriate.

The Attorney General’s Office filed a complaint seeking the temporary suspension and ultimately the revocation of Dr. Irby’s license on August 17, 2016, shortly after Dr. Irby’s July 30, 2016 arrest by Bergen County law enforcement officers on charges related to his treatment of three patients.

Dr. Irby consented to the temporary suspension of his chiropractor’s license on August 29, 2016 while proceedings were pending. Dr. Irby was subsequently acquitted of the criminal charges after trial.

The Board accepted Judge Betancourt’s assessment that the four patients’ detailed testimonies about Dr. Irby’s actions were credible, and that Dr. Irby’s proffered explanation for his conduct was self-serving and not credible. The Judge found that Dr. Irby was “evasive, combative, non-responsive, argumentative and arrogant.” The Board noted that “[t]he record fully supported the findings.”

The Board concluded that Dr. Irby committed numerous acts and omissions that constituted gross malpractice or gross negligence, negligence, professional misconduct, and failure to comply with statutes and regulations. After considering the mitigation offered on behalf of Dr. Irby, the Board permanently revoked Dr. Irby’s license and assessed civil penalties of $70,000 and costs and attorney’s fees totaling $91,317.20.

The investigation of Dr. Irby was conducted by the Enforcement Bureau of the Division of Consumer Affairs.

Deputy Attorney General Michelle Mikelberg represented the State in this matter.

Patients who believe that they have been treated by a licensed health care professional in an inappropriate manner can file an online complaint with the New Jersey Division of Consumer Affairs by visiting njconsumeraffairs.gov or by calling 1-800-242-5846 (toll free within New Jersey) or 973-504-6200.

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