Unprofessional Conduct
Any conduct that falls below the standards of your profession can be considered unprofessional conduct. But licensing agencies apply specific definitions that relate directly to the professions they license when disciplining license holders for unprofessional conduct. There are three broad categories of unprofessional conduct that can trigger discipline:
- Unprofessional conduct by statute
- Unprofessional conduct by regulation
- General unprofessional conduct
Unprofessional Conduct by Statute
Many state agency statutes specify certain conduct, acts, or omissions as being unprofessional. If the agency proves that you have committed one of those specified acts, the agency may impose discipline against your license. Examples of conduct that is specified by statute as unprofessional include:
- Incompetence or gross negligence
- Disciplinary action by another agency, whether by a California agency, an agency in another state, or a federal entity
- Obtaining your license by fraud
- Practicing your profession without a license
- Using alcohol or any controlled substance in an unsafe or dangerous manner
- Specified criminal convictions
- Sexual misconduct
- Failure to maintain client or patient confidentiality
- Unethical billing practices
- Fraudulent advertising
- Failure to adequately supervise employees
- Failure to comply with mandated reporting requirements
Unprofessional Conduct by Regulation
Some state agencies adopt regulations that specify certain conduct, acts or omissions as constituting unprofessional conduct. Examples of unprofessional conduct specified by regulations include:
- Failure to comply with the agency’s request for documents
- Failure to cooperate in an agency’s investigation of your license
- Failure to report an arrest, charges, or a criminal conviction to the agency
- Failure to report a disciplinary action by another licensing entity to the agency
- Failure to keep adequate patient or client records
General Unprofessional Conduct
Beyond conduct, acts, or omissions specified as unprofessional, many state agency statutes or regulations include the statement that unprofessional conduct “includes, but is not limited to” the conduct, acts, or omissions outlined in the statutes and regulations. This language provides a catch-all category for the agency to allege that you have engaged in unprofessional conduct. However, to impose discipline against your license under this catch-all category, the agency must show a logical connection between the alleged conduct and your fitness to practice the profession. This generally means that the agency will have to use an expert to establish that the alleged conduct was unprofessional.
How we can help
Even when your actions or failures to act are categorized under statutes or regulations, our attorneys may be able to lessen the consequences to your license by providing thorough, expert representation that provides a more complete story to your licensing agency. Our license defense attorneys have extensive experience representing California’s licensed professionals.