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Disciplinary Actions by State Professional Licensing Boards: Are They Fair?

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  • Cynthia L. Krom

    (Franklin & Marshall College)

Abstract

This study examines 14,900 disciplinary actions by the professional licensing boards for attorneys, CPAs, and physicians in four states from 2008 through 2014. It was found that both attorneys and physicians are disciplined at a rate at least seven times that of CPAs. While the majority of disciplinary actions are for misconduct directly related to the professional practice, nearly 14% of sanctions were the result of “social crimes” such as failure to pay child support or student loans, driving under the influence, and general unprofessional conduct. The severity of licensure sanctions varied with the cause for discipline, but was inconsistent both within and between jurisdictions. These results raise important questions about the purpose and performance of state licensing boards and possible reasons for inequitable treatment. Additionally, the widespread and severe sanctions for conduct not related to the professional practice suggest that moral turpitude clauses may violate both equal protection and prohibitions on excessive fines.

Suggested Citation

  • Cynthia L. Krom, 2019. "Disciplinary Actions by State Professional Licensing Boards: Are They Fair?," Journal of Business Ethics, Springer, vol. 158(2), pages 567-583, August.
    • Handle: RePEc:kap:jbuset:v:158:y:2019:i:2:d:10.1007_s10551-017-3738-5
    DOI: 10.1007/s10551-017-3738-5
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    References listed on IDEAS

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    2. Devan Mescall & Fred Phillips & Regan N. Schmidt, 2017. "Erratum to: Does the Accounting Profession Discipline Its Members Differently After Public Scrutiny?," Journal of Business Ethics, Springer, vol. 142(2), pages 407-407, May.
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    4. Kaptein, S.P. & Schwartz, M.S., 2007. "The Effectiveness of Business Codes: A Critical Examination of Existing Studies and the Development of an Integrated Research Model," ERIM Report Series Research in Management ERS-2007-030-ORG, Erasmus Research Institute of Management (ERIM), ERIM is the joint research institute of the Rotterdam School of Management, Erasmus University and the Erasmus School of Economics (ESE) at Erasmus University Rotterdam.
    5. Devan Mescall & Fred Phillips & Regan N. Schmidt, 2017. "Does the Accounting Profession Discipline Its Members Differently After Public Scrutiny?," Journal of Business Ethics, Springer, vol. 142(2), pages 285-309, May.
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    Cited by:

    1. Abdullah Al-Moshaigeh & Denise Dickins & Julia L. Higgs, 2022. "The Influence of Political Regime on State-Level Disciplinary Actions of CPAs Sanctioned by the PCAOB," Journal of Business Ethics, Springer, vol. 176(2), pages 325-340, March.

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