Unprofessional Conduct and Standards of Care, Discipline, Civil Penalties, and Unlicensed Practice
Unprofessional conduct
The Board may discipline a licensee for unprofessional conduct, including fraud or misrepresentation in obtaining a license, practicing beyond scope, gross negligence or incompetence, failure to maintain adequate records, infection-control violations, impairment by drugs or alcohol, and false advertising. Discipline can also follow criminal convictions or disciplinary action in another state.
Discipline and penalties
Complaints are investigated by the Bureau’s professional compliance staff and may be resolved by consent agreement or litigated before the Board. Sanctions include reprimand, suspension, revocation, restriction, probation, civil penalties, and costs. Unlicensed practice is a separate violation; the Board or Commonwealth may seek cease-and-desist orders and criminal prosecution. Civil penalties are administrative, not a substitute for criminal liability.
Worked example
A dentist bills an insurer for crowns that were never delivered and records them as completed. This is unprofessional conduct-fraud and record falsification-even if no patient was harmed. The Board can discipline the license, impose a civil penalty, and order record corrections; the insurer and criminal authorities may pursue separate claims. Reasoning: the administrative case turns on dishonest conduct and record integrity, not only clinical outcomes.
Traps
Do not think a refund or corrected record erases the violation. Do not assume only patients can complain; insurers, staff, and agencies can report. Do not confuse Board discipline with malpractice; both can arise from one event but have different standards and consequences.