Professional misconduct includes but may not be limited to:
- Engaging in acts of gross incompetence or gross negligence on a single occasion, or negligence or incompetence on more than one occasion.
- Permitting or aiding an unlicensed person to perform activities requiring a license.
- Refusing a client or patient service because of race, creed, color, or national origin.
- Practicing beyond the scope of the profession.
- Releasing confidential information without authorization.
- Being convicted of a crime.
- Failing to return or provide copies of records upon request.
- Being sexually or physically abusive.
- Abandoning or neglecting a patient in need of immediate care.
- Performing unnecessary work or unauthorized services.
- Practicing under the influence of alcohol or other drugs.
Physicians and physician’s assistants are subject to additional categories of misconduct including:
- Willfully harassing, abusing or intimidating a patient either physically or verbally.
- Failing to maintain a record of each patient which accurately reflects the evaluation and treatment of the patient.
- Guaranteeing that satisfaction or a cure will result from the performance of professional services.
- Ordering excessive tests, treatment, or use of treatment facilities not warranted by the patient’s condition.
- Issuing prescriptions for drugs and devices which do not contain the date written, the prescriber’s name, address, telephone number, profession and registration number, the patient’s name, address and age, the name, strength and quantity of the prescribed drug or device, and the directions for use by the patient.
- Failing to use scientifically accepted infection prevention techniques appropriate to each profession for the cleaning and sterilization or disinfection of instruments, devices, materials, and work surfaces.
Negligence can be a broad term used to encompass acts such as boundary violations or relationships with patients or clients.