California Professional Licensee: Reporting of Criminal Charges
Business and Professions Code Section 802.1 (a)
The Medical Board of California, the Board of Psychology, the Dental Board of California, the Osteopathic Medical Board of California, the State Board of Chiropractic Examiners, the Board of Registered Nursing, the Board of Vocational Nursing and Psychiatric Technicians, the State Board of Optometry, the Veterinary Medical Board, the Board of Behavioral Sciences, the Physical Therapy Board of California, and the California State Board of Pharmacy shall be notified of the following:
(1) The bringing of an indictment or information charging a felony against a licensee.
(2) A conviction of the licensee by way of verdict of guilty, guilty plea, no contest plea of any felony or misdemeanor. A licensee must report only those misdemeanors that are substantially related to the qualifications, functions, or duties of the licensee.
Failure to make a report required by this section shall be a public offense punishable by a fine not to exceed five thousand dollars $5,000.
Most licensing agencies have not spelled out what misdemeanors are “substantially related to the qualifications, functions and duties” of the licensee. However, here are a few misdemeanors charges that would qualify:
Under the Influence of Narcotics
Possession of Narcotics
DUI
Theft or Fraud
Child Abuse- Physical or Sexual Abuse
Sexual Battery
Possession of Child Pornography
Indecent Exposure
Sexual Acts with Minors
Stalking
Filing False Police Reports
You have worked very hard to achieve academic and professional success. An arrest and/or possible conviction of a crime does not guarantee the loss of your license and your career. Often time, what happens in the criminal case will have a direct effect on the actions taken by the licensing agency. Attorneys can help you navigate the criminal court system with an eye on how to mitigate the sanctions taken against your license. So, if you find yourself in a situation where you have been charged with a crime, consult an attorney.
