Professional Misconduct

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Electrical Contractor
Failure to perform work in accordance with applicable industry standards supports a finding that such work was performed in a grossly negligent fashion. Decision: 1 N.J.A.R. 112
Intent
To evidence professional misconduct for a pharmacist, dishonesty, deception and misrepresentation do not require a showing of intent. Decision: 4 N.J.A.R. 489
Pharmacist
To evidence professional misconduct for a pharmacist, dishonesty, deception and misrepresentation do not require a showing of intent. Decision: 4 N.J.A.R. 489
Professional misconduct for a pharmacist constitutes any conduct which, if permitted to con- tinue, would threaten the health or welfare of the public. Decision: 4 N.J.A.R. 489
Physician
Where, in violation of a 1978 Consent Order, a physician regularly imbibes alcoholic beverages during working hours and examines and treats patients, having the odor of alcohol on his breath, he has engaged in "professional misconduct" even if his mental and physical faculties are not noticeably impaired. Decision: 1 N.J.A.R. 210
Gross malpractice suggests conduct beyond a deviation from normal standards of conduct. Decision: 3 N.J.A.R. 028
Deviation from acceptable medical practice by failure to perform an immediate bedside tracheostomy rather than waiting for an operating room and by leaving a patient before assuring that patient was in the hands of a competent person constitutes gross malpractice. Decision: 3 N.J.A.R. 028
A physician's failure to fully inform a patient of the procedures, risks, benefits and alternatives involved in medical testing do not amount to gross malpractice. Decision: 3 N.J.A.R. 381
A physician's decision to perform a positive contract ventriculogram when less invasive testing is available is a deviation from standard practice but not so gross a deviation as to equal malpractice. Decision: 3 N.J.A.R. 381
A physician's mistake in judgment, although a deviation from standard practice, does not amount to gross malpractice. Decision: 3 N.J.A.R. 381
Deviation from acceptable medical practice by failing to immediately diagnose and treat the patient's symptoms; by failing to immediately ask for and review neck x-rays and her failure to read the entire emergency room chart; by leaving the hospital at a time when her patient was in distress; by failing to properly direct nurses as to what steps to take; by failing to attempt a tracheostomy when a patient went into final respiratory arrest and by allowing an unconscionable delay in time between a patient's admission to the hospital when the correct diagnosis should have been made and the making of that diagnosis constituted gross malpractice. Decision: 3 N.J.A.R. 028
Surveyor
The State need not prove "gross" misconduct on the part of a surveyor to justify revocation of his license. Decision: 2 N.J.A.R. 149
Participation by members of a surveying firm in a scheme to obtain jobs by pay-offs constitutes misconduct and results in a license suspension. Decision: 2 N.J.A.R. 149