Let's review some examples of the crimes the California Department of Consumer Affairs, Division of Investigation (DOI) Investigates. If you're a licensed professional in California (e.g., doctor, nurse, real estate agent, contractor) facing a possible criminal conviction, there's more at stake than just legal penalties.
Your professional license could be at risk, and in some cases, the conviction could disqualify you from holding a license. The California Department of Justice will likely report the conviction to your licensing board, and you may also be required to self-report or face additional disciplinary actions.
While a conviction doesn't automatically lead to discipline, it often triggers an investigation by the Department of Consumer Affairs (DCA) Division of Investigation (DOI). Depending on the results, you could face fines, probation, license suspension, or even revocation.
The DOI was established by the Legislature in 1961 to provide centralized investigative services for the various regulatory boards, bureaus, programs, committees, and commissions within the State of California.
The Department of Consumer Affairs (DCA). Section 830.3(a) of the California Penal Code designates DOI investigators as sworn peace officers who perform a full range of peace officer duties and responsibilities. DCA protects California consumers through oversight, enforcement, and licensure of professions.
The Department consists of 36 boards and bureaus that regulate over 3 million licenses in more than 250 various professions and occupations, from physical therapists, nurses, and acupuncturists to barbers, veterinarians, and security guards. The proceedings in a DCA case include possible disciplinary action against your professional license.
What is the Role of the DOI?
The DOI's mission is clear: to provide law enforcement investigative services that protect California consumers and licensees. They do this by effectively and efficiently enforcing laws, regulations, and professional standards.
The DOI is the investigative arm of the California Department of Consumer Affairs, responsible for gathering evidence and reporting findings to the licensing board. DOI investigators are trained to handle complex cases, including interviewing witnesses, analyzing documents, and preparing reports.
Once the investigation is complete, the DOI recommends actions to the licensing board, which decides if disciplinary measures are needed based on the evidence and any mitigating factors from the licensee.
The DOI handles criminal and administrative investigations of prescription and medical narcotics enforcement, along with the illegal practice of medicine.
The also investigates allegations of wrongful death, patient abuse, identity theft, sexual misconduct, unlicensed activity, false advertising, fraud, and assault.
DOI investigators are highly trained experts in conducting specialized investigations, with an emphasis on violations of the Business and Professions Code, laws that govern most DCA professional licenses. DOI provides investigative expertise and resources to DCA's boards and bureaus, as well as local and federal law enforcement agencies.
Types of Crimes Investigated by the DOI
Not every criminal conviction will be grounds for an investigation, especially if the charge is minor and/or if you voluntarily report the conviction to your licensing board. However, certain offenses are more likely than others to trigger a DCA investigation through its Division of Investigation.
Felony Offenses
Felony charges represent some of the most serious violations of the law, and their consequences extend far beyond criminal penalties. For licensed professionals, a felony conviction can directly jeopardize their ability to practice in their chosen field.
Licensing boards may view such convictions as clear evidence that the individual has failed to meet the high standards expected of their profession.
For this reason, almost all felony convictions will likely trigger a DOI investigation. Some of the more common felonies include fraud, embezzlement, and major theft offenses, such as grand larceny.
Violent Crimes
Violent crimes raise significant concerns across all licensing boards, especially for professionals entrusted with the safety and well-being of others. Typically involving physical harm or the threat of violence, these crimes are considered particularly egregious.
Licensing boards and the DOI often view violent criminal behavior as incompatible with the responsibilities of a professional in a trusted position. This is particularly problematic in fields requiring close contact with vulnerable populations, where patient or client safety is paramount.
Crimes of Moral Turpitude
Crimes of moral turpitude involve dishonesty, fraud, or conduct contrary to community standards of justice and morality. These crimes often serve as a litmus test for an individual's fitness to hold a professional license, as they call into question the person's integrity and ethical decision-making.
While many of these types of crimes are felonies or violent offenses and would be investigated anyway, some misdemeanors, if they fall into the category of crimes of moral turpitude, are also likely to trigger DOI investigations.
Common examples of crimes of moral turpitude that are not already deemed violent crimes or felonies may include (but are not limited to):
- DUI,
- Drug offenses,
- Fraud,
- Theft,
- Child endangerment,
- Domestic battery.
Importantly, crimes of moral turpitude need not directly relate to someone's profession to prompt a DOI review. Any action that signals a lack of honesty or ethical behavior may jeopardize a professional's licensure.
Profession-Specific Crimes
Criminal offenses directly tied to one's professional activities often receive the highest level of scrutiny, as they most directly reflect on the individual's ability to fulfill their responsibilities.
These crimes may include negligence, fraud, or other activity that breaches the fundamental duties associated with the profession. For example:
- Healthcare Fraud: A pharmacist involved in billing patients or insurers for medications that were never dispensed.
- Unlawful Prescription Practices: A physician writing prescriptions outside the bounds of medical necessity or federal drug regulations.
- Professional Negligence: A civil engineer knowingly signing off on faulty structural plans, resulting in physical harm or substantial property damage.
Is Disciplinary Action Inevitable for Criminal Convictions?
Not necessarily. Although the DCA and its licensing boards take criminal activity seriously, they will also take into account a variety of factors when deciding on disciplinary action, including:
- The nature and severity of the crime.
- Whether the offense occurred within the professional context.
- Any evidence of rehabilitation on your part (including remorse).
- The potential for harm to public safety.
- Your level of cooperation with the investigation (including whether you self-reported)
Navigating the criminal justice system and a potential DOI investigation can be daunting for professionals facing criminal charges.
Because a licensed professional may have to deal with the repercussions of their criminal offense on two fronts (i.e., criminal penalties and impacts to their license), the best attorney to handle such cases is a California criminal defense attorney who also has experience with administrative law and license defense. Contact us for more information. Eisner Gorin LLP is based in Los Angeles.
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